If you’re renting in Delaware, it’s important to understand your rights regarding rent increases. While Delaware doesn’t have statewide rent control, recent legislation has introduced limitations on how much landlords can raise rent.
This article breaks down the key points of Delaware’s rent increase laws as of 2025, so you can stay informed and protected.
No Statewide Rent Control
Delaware does not impose statewide rent control laws. This means landlords can generally raise rents based on market conditions. However, they must adhere to specific notice requirements and cannot increase rent during an active fixed-term lease unless the lease allows it.
Notice Requirements for Rent Increases
Landlords must provide written notice before increasing rent:
Month-to-Month Leases: At least 60 days’ notice is required before the increase takes effect.
Fixed-Term Leases: Rent cannot be increased during the lease term unless the lease agreement specifically permits it.
Manufactured Home Communities: Landlords must provide at least 90 days’ notice before a rent increase.
Limitations on Rent Increases
While Delaware doesn’t have statewide rent control, recent legislation has introduced limitations:
Renewal of Rental Agreements: Rent increases may not exceed 5% of the previous rent unless the 36-month average annual increase of the Consumer Price Index for All Urban Consumers (CPI-U) is greater than 5%. If the CPI-U is greater than 5%, the rent may be increased by no more than 7% of the previous rent.
New Rental Agreements: The amount rent can be increased from the previous rent is as follows:
If the amount of the previous rent is equal to or exceeds the Fair Market Rent (FMR), the rent may not exceed the previous rent plus the amount allowed for a rent increase for the renewal of a rental agreement.
If the amount of the previous rent plus 7% of the FMR equals or exceeds the FMR, the rent may not exceed the previous rent plus the amount allowed for a rent increase for the renewal of a rental agreement.
If the amount of the previous rent plus 7% of the FMR equals less than the FMR, the rent may not exceed the previous rent plus 7% of the FMR.
These limitations do not apply to:
Owner-occupied structures with 2 dwelling units.
Rental agreements when the amount of a tenant’s rent is governed by federal regulations or guidelines.
A rental unit that has not been subject to a rental agreement during the previous 12-month period.
Protections Against Retaliation and Discrimination
Rent increases cannot be used as retaliation against tenants for exercising their legal rights, such as requesting repairs or organizing a tenants’ association. Additionally, landlords cannot increase rent based on discriminatory reasons related to race, gender, disability, or other protected characteristics under the Fair Housing Act.
While Delaware doesn’t have statewide rent control, recent legislation has introduced limitations on rent increases to protect tenants. It’s crucial to understand your rights and the notice requirements to ensure fair treatment.
If you believe a rent increase is unjust or violates your rights, consider seeking legal advice or assistance from tenant advocacy organizations.
