Delaware: Rent Increase Notice Requirements

Requirements one by one

Renewal notice and timing

Under 25 Del. C. § 5107(a), the landlord must give at least 60 days'
written notice before the existing rental agreement expires when proposing a
renewal with modified terms. Rent is one of the modifications the statute names.
The clock therefore runs backward from the existing agreement's expiration, not
from an increase date chosen without regard to the term.

Required content and service

The notice must identify the amended or modified provisions, state the amount of
rent or security deposit, and give the date each change takes effect. Section
5113 permits the Code's notices to be served personally, by specified delivery
to the unit, by registered or certified mail, by first-class mail evidenced by a
certificate of mailing, or through its stated posting-plus-mailing and special-
process-server alternatives.

Tenant response and general remedy

Section 5107(b) gives the tenant a choice after receiving the notice. Unless
the tenant gives notice of an intent to terminate at least 45 days before the
last day of the term, the modified agreement is deemed accepted. Under subsection
(c), rejecting the proposed terms makes the landlord's renewal notice an effective
termination notice. For a Code violation, § 5117(a) supplies a general civil
cause of action but does not state a rent-increase-specific damages amount.

What trips people up

The 60-day provision governs renewal with modified terms. It does not authorize a
landlord to insert a higher rent before the current fixed term expires. The notice
must be tied to renewal, and it must identify when the modification will take
effect.

The tenant's response deadline is shorter than the landlord's notice period. A
tenant who wants to reject the modifications must notify the landlord at least 45
days before the term's last day. Silence past that point results in statutory
acceptance of the amended terms.

HUD income-based rent is a separate lane. Section 5107(d) says its ordinary
renewal procedure does not apply when rent and the security deposit are functions
of tenant income under HUD regulations or guidelines; those HUD rules govern the
future adjustments.

Common questions

Does Delaware cap the increase at a percentage?

No statewide percentage or CPI formula appears in § 5107 for the ordinary
residential renewal covered here. A lease, housing program, or local law may add
limits outside this state-law rule.

What happens if I reject the higher rent?

Under § 5107(c), the rejected renewal notice becomes an effective termination
notice. The statute does not preserve the old rent indefinitely after rejection.

Can the landlord give notice by ordinary first-class mail?

Yes, if it is evidenced by a certificate of mailing and addressed as § 5113(b)
requires. The section also provides personal, certified-mail, posting-plus-mailing,
and court-appointed process-server options.

Statutes and sources

• 25 Del. C. § 5107. Renewal with modified rent, required content, tenant
  response, and HUD income-based exception.
  Official statute
  (accessed July 12, 2026).
• 25 Del. C. § 5113. Permitted service methods for Code notices.
  Official statute
  (accessed July 12, 2026).
• 25 Del. C. § 5117. General civil action for violation of the rental
  agreement or Code.
  Official statute
  (accessed July 12, 2026).