Delaware Rent Increase Laws 2025: What Tenants Should Know

Published On: February 18, 2025

Notice Requirements

In Delaware, landlords must provide tenants with proper notice before implementing a rent increase. For standard residential leases, landlords are required to give at least 60 days’ written notice before the end of the lease term. This notice period applies to both fixed-term leases and month-to-month agreements. For mobile homes, the notice period is extended to 90 days.

The written notice must clearly state the new rent amount and the date it will take effect. Landlords should deliver this notice directly to tenants, rather than posting it in common areas or communicating it verbally.

Rent Increase Limits

Delaware does not currently have statewide rent control laws, which means there is no legal limit on how much landlords can increase rent. However, rent increases must be reasonable and cannot be discriminatory or retaliatory.

A proposed law in Delaware seeks to establish limits on rent increases. If passed, it would restrict rent increases to 5% over the previous rent unless justified by the Consumer Price Index (CPI). Under this proposal:

If the 36-month average annual increase in CPI is 5% or less, rent increases would be capped at 5%.
If the 36-month CPI increase exceeds 5%, rent could be increased by up to 7% of the previous rent.

Frequency of Rent Increases

Landlords in Delaware can typically increase rent once per year, usually when a lease is renewed. For fixed-term leases, rent cannot be increased during the lease term unless specified in the agreement.

Tenant Rights and Protections

Tenants have the right to receive proper notice of rent increases and to challenge increases they believe are unfair or illegal. Rent increases cannot be implemented for discriminatory reasons or in retaliation against tenants who exercise their legal rights, such as filing complaints about unsafe living conditions.

Mobile Home Rent Increases

For tenants living in mobile home communities, additional protections apply. Community owners must provide a 90-day notice (but no more than 120 days) before implementing a rent increase. Rent increases that exceed the average rate of inflation require justification, and landlords must contact the Delaware Manufactured Home Relocation Authority (DEMHRA) for the current inflation rate.

Proposed Legislation

A new ordinance has been proposed in Wilmington that would limit rent increases to 3% per year or less if the consumer price index falls below that figure. This proposal aims to address the rising housing costs that have led to 50% of Delaware renters being cost-burdened.

What Tenants Can Do

Review your lease agreement carefully to understand the terms regarding rent increases.
Keep records of all communications with your landlord, including rent increase notices.
If you believe a rent increase is unfair or illegal, consider seeking legal advice or contacting local tenant advocacy groups.
Familiarize yourself with resources such as the Delaware Community Legal Aid Society and Housing Alliance Delaware for assistance with tenant rights issues.

While Delaware currently lacks statewide rent control laws, tenants are protected by notice requirements and regulations against discriminatory or retaliatory increases.

As housing affordability remains a concern, proposed legislation may introduce more stringent rent increase limits in the future. Tenants should stay informed about their rights and the evolving legal landscape to ensure fair treatment in the rental market.

Sources:

https://www.steadily.com/blog/how-much-can-a-landlord-raise-rent-in-delaware
https://ipropertymanagement.com/laws/delaware-rent-increases
https://www.steadily.com/blog/rent-increase-laws-regulations-delaware
https://generisonline.com/understanding-rent-increases-for-new-tenants-in-delaware-rules-timing-and-notification-requirements/
https://spotlightdelaware.org/2024/08/08/wilmington-rent-stabilization/