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A Rent Increase

25 Del. C. § 5107 — 60 days' notice before the lease ends, and 45 days to say no

A landlord renewing a lease on new terms, including a higher rent or deposit, gives at least 60 days' written notice before it expires, naming the changes, the amounts and when they take effect.

  • 25 Del. C. § 5107
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  • Unless the tenant gives notice of ending the tenancy at least 45 days before the last day of the term, the new terms are accepted.
  • A tenant who rejects the new terms has, by that rejection, given notice to end the tenancy.
  • Where rent is set by income under federal housing rules, those rules govern instead.
  • 25 Del. C. § 5107

Not as payback. Demanding a rent increase within 90 days after a good faith code complaint, tenant organizing, or a tenant's legal claim is presumed retaliation.

The code sets notice for an increase, not a ceiling on it, except for manufactured home lots. A particular increase is a question for a licensed Delaware attorney.

  • 25 Del. C. § 5107
Sources for this section (2)
  1. 25 Del. C. § 5107 — Renewals of rental agreements with modifications
  2. 25 Del. C. § 5516 — Retaliatory acts prohibited

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Delaware attorney.

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