Delaware Residential Rent Increase Notice

Delaware Residential Rent Increase Notice

Use this notice for renewal of a fixed-term rental agreement with an increased rent. Confirm that the agreement and any controlling subsidy or other housing rules permit this renewal route.

Delaware Renewal-With-Increase Module

When a landlord intends to renew a rental agreement with modified provisions, including a different rent, the landlord must give at least 60 days' written notice before the agreement expires. The notice must specify the amended provisions, rent, and effective date. After receiving that notice, a tenant who intends to terminate must notify the landlord at least 45 days before the term ends to avoid deemed acceptance of the modified agreement. Rejection of the modified terms is treated as a termination notice. Outside this modified-renewal procedure, § 5106(c) generally requires a tenant's written termination notice at least 60 days before a fixed term expires. The § 5107(a)-(c) procedure does not apply when rent and security deposit depend on tenant income under HUD regulations or guidelines; those HUD rules govern adjustments. 25 Del. C. §§ 5106(c), 5107(a)-(d). Serve by a method allowed by § 5113.

• Current agreement expiration date: [__/__/____]
• Notice served at least 60 days before expiration: ☐ Yes
• All modified provisions, new rent, and effective date stated: ☐ Yes

• Rent and security deposit are HUD income-based: ☐ No ☐ Yes — use the controlling HUD procedure instead

• Fair-housing review confirms the increase is not based on a characteristic protected by applicable law: ☐ Yes

• Applicable rent restrictions, emergency orders, subsidy rules, and deed restrictions checked: ☐ Yes
• Longer notice required by another law, agreement, or program: ☐ No ☐ Yes — [____] days

1. Property, Parties, and Tenancy

• Date of notice: [__/__/____]
• Housing provider/agent: [________________________________]
• Tenant(s): [________________________________]
• Property address/unit: [________________________________]
• Current fixed term ends: [__/__/____]
• Renewal term begins: [__/__/____] and ends: [__/__/____]
• Lease section authorizing change/renewal: [________________________________]
• Rent is normally due on day [____] of each month.

2. Increase Calculation and Effective Date

Calculation: (proposed rent − current rent) ÷ current rent × 100 = [____]%.

3. Notice to Tenant

Date: [__/__/____]

To: [TENANT NAME(S)]
At: [PROPERTY ADDRESS AND UNIT]

This is written notice that the current rental agreement expires on [EXPIRATION DATE] and will renew for a term beginning [RENEWAL START DATE] and ending [RENEWAL END DATE], subject to the changes stated here. Beginning [NEW RENT EFFECTIVE DATE], the monthly rent for the premises will be:

• Current monthly rent: $[________]
• New monthly rent: $[________]
• Change: $[________] ([____]%)
• Renewal security deposit: $[________]
• Current security deposit: $[________]

The new rent is due on the regular rent-payment date and must be paid by the method stated in the rental agreement, unless the parties sign a different lawful agreement. The renewal modifies the agreement only as expressly stated here; all other terms continue:

[____________________________________________________________]

If you intend to terminate the existing agreement instead of accepting this modified renewal, notify the housing provider at least 45 days before the current term ends. Rejection of the modified terms is treated as a termination notice. 25 Del. C. § 5107(b)-(c).

Legal/lease basis and applicable notice period:

[____________________________________________________________]

This notice does not waive any tenant right or housing-provider duty under controlling federal, state, local, subsidy, or rent-control law.

Housing provider/authorized agent: [________________________________]

Signature: [________________________________] Date: [__/__/____]

Contact/address for lawful communications: [________________________________]

4. Service and Proof

Permitted service method verified under current controlling law: ☐ Yes

• Method: ☐ Personal delivery ☐ Delivery to adult resident ☐ Registered or certified mail ☐ First-class mail with certificate of mailing ☐ Posting plus mailing with return receipt or certificate of mailing ☐ Other lawful method: [________]
• Person/address served: [________________________________]
• Date/time served or mailed: [__/__/____] [____]
• Mail receipt or certificate of mailing retained, if used: ☐ Yes ☐ Not applicable
• Tracking/certificate/witness: [________________________________]

I declare that the information above accurately records service of this notice.

Server name/signature/date: [________________________________]

5. File Record

• Signed lease and amendments retained: ☐ Yes
• Coverage/exemption and cap calculation retained: ☐ Yes
• Current state and local sources saved or cited: ☐ Yes
• Copy of notice and service proof retained: ☐ Yes
• Effective date independently rechecked after service: ☐ Yes

Sources and References

• 42 U.S.C. § 3604 — https://uscode.house.gov/us/usc/119-134/t42/s3604/
• 25 Del. C. §§ 5106, 5107, 5113 — Delaware Code Online — https://delcode.delaware.gov/title25/c051/sc01/index.html#5107