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Commonly Asked Questions about Delaware Rental Agreements

(3) Upon written notice to the landlord, tenant may withhold 2/3 per diem rent accruing during any period when hot water, heat, water or equivalent substitute housing is not supplied.
5-Day Notice to Quit (Non-Payment of Rent) This notice is for use when a tenant has failed to pay the rent when it is due. The landlord must send a demand for payment and the tenant has five business days to respond by paying rent before the landlord can take further action.
Delaware landlords cant raise the rent during the term of a lease unless the lease specifically allows them to do so. If the landlord intends to renew the lease but wants to change the terms (including rent), the landlord must give the tenant at least 60 days notice before the expiration of the lease.
Landlords cannot raise rent more than 10% total or 5% plus the percentage change in the cost of living whichever is lower over a 12-month period. If the tenants of a unit move out and new tenants move in, the landlord may establish the initial rent to charge. (Civ. Code 1947.12.)
Landlords in Delaware can raise the rent as much as they want, as frequently as they want, as long as they provide the legally required notice. For rent increases of less than 20%, landlords must provide 30 days written notice. For increases of 20% or more, 60 days written notice is required.
Increase in Rent: A landlord must give a tenant at least 60 days written notice to increase rent or change another term of a month -to-month lease.
A tenant may terminate a rental agreement by giving a minimum of 60 days written notice prior to the expiration of the term of the rental agreement that the agreement shall terminate upon its expiration date.
The late charge shall not be imposed within 5 days of the agreed time for payment of rent. The landlord shall, in the county in which the rental unit is located, maintain an office or other permanent place for receipt of payments, where rent may be timely paid.