Delaware
If you’re renting in Delaware and are concerned about a rent increase, it’s essential to understand the laws that protect you as a tenant. 2025 brings some important updates and regulations about how much and when landlords can increase rent. Here’s everything tenants in Delaware need to know about rent increases in 2025.
What Are the Rent Increase Laws in Delaware?
In Delaware, there are no statewide rent control laws, which means that landlords can generally increase rent as they choose. However, there are still certain guidelines and rules in place to ensure that the increase is fair and within limits. While Delaware doesn’t restrict how much a landlord can raise rent, tenants are still protected under certain conditions.
How Much Can Rent Be Increased?
As there is no rent control in Delaware, there are no specific caps on how much a landlord can raise rent. However, the amount and timing of rent increases are regulated by other factors, including the type of lease you have and any prior agreements.
Fixed-Term Lease: If you have a fixed-term lease (for example, a one-year lease), your rent cannot be increased during the term of the lease unless you have agreed to it in writing. Once the lease expires, the landlord can increase the rent if you agree to a new lease or if you go month-to-month.
Month-to-Month Lease: If you are on a month-to-month lease, the landlord can increase the rent, but they must provide you with a 30-day written notice before the increase takes effect.
When Can Rent Be Increased?
The timing of a rent increase depends on the type of lease agreement you have:
Fixed-Term Lease: Rent cannot be increased during the lease period unless specified in the lease. After the lease ends, the landlord can propose a new rent increase when offering a new lease.
Month-to-Month Lease: Rent can be increased after 30 days’ notice to the tenant. The landlord cannot increase the rent more frequently than once every 12 months, and they must follow the 30-day notice rule.
Can the Rent Increase Be Refused?
If your landlord increases the rent and you do not agree with the new amount, you have the option to refuse the increase. If you don’t accept the rent increase, you can choose to move out at the end of your lease term. However, if you’re on a month-to-month lease and the increase is fair, the landlord can proceed with the increase after the 30-day notice period.
If you choose to stay, you are agreeing to the new rent, and the landlord can proceed with the increase.
Can the Rent Increase Be Challenged?
While Delaware doesn’t have specific rent control laws, tenants can still challenge a rent increase if they believe the increase is unfair or illegal. For example:
If the rent increase violates the terms of your lease or is excessive compared to similar units in your area.
If the increase is meant to discriminate against you based on race, gender, or another protected status, it can be challenged.
What Should You Do if Your Rent Is Increased?
If you receive a rent increase, here’s what you can do:
Review your lease: Ensure that the increase is allowed under your current lease terms.
Check the notice: If you’re on a month-to-month lease, make sure the landlord provided 30 days’ notice in writing.
Negotiate: If you feel the increase is too high, you can try negotiating with the landlord. They might be willing to adjust the increase or offer alternatives.
Consider moving: If you don’t agree with the increase and you’re on a fixed-term lease, wait until your lease ends. If you’re on a month-to-month lease, you can choose to move out within 30 days.
Be Informed and Protect Your Rights
While Delaware doesn’t have strict rent control laws, understanding the rules around rent increases can help you navigate the process with ease. Fixed-term leases and month-to-month leases offer different protections, so it’s essential to know your rights before agreeing to any new terms. Always be sure to receive a written notice and review your lease before accepting any rent increase.
SOURCES
[1] https://www.hemlane.com/resources/delaware-rent-control-laws/
[2] https://www.baymgmtgroup.com/blog/what-is-a-reasonable-rent-increase-in-2025/
[3] https://www.doorloop.com/laws/delaware-landlord-tenant-rights
[4] https://delcode.delaware.gov/title25/c053/index.html
[5] https://mywaynecountynow.com/delaware-rent-increase-laws-2025-what-tenants-should-know/
