Delaware Residential Rent Increase Notice

Delaware Residential Rent Increase Notice

Use this form only after completing the legal, lease, coverage, cap, and local-law checks below. Municipal rent-control amounts stay out of this state form and must be entered from current local authority.

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. The tenant generally must give notice of intent to terminate at least 45 days before the last day of the term; rejection of the modified terms is treated as a termination notice. 25 Del. C. § 5107. 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

• HUD-subsidized rules checked and applied if controlling: ☐ Yes ☐ Not applicable

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

• Local rent control/stabilization, 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: [________________________________]
• Tenancy: ☐ Fixed term ending [__/__/____] ☐ Month-to-month ☐ Week-to-week ☐ Other: [________]
• 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, beginning [EFFECTIVE DATE], the monthly rent for the premises will change:

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

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. All other terms remain unchanged except as expressly stated here:

[____________________________________________________________]

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 ☐ Mail ☐ Posting plus mailing ☐ Other lawful method: [________]
• Person/address served: [________________________________]
• Date/time served or mailed: [__/__/____] [____]
• Mailing extension or receipt rule included in effective-date calculation: ☐ 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/view.xhtml?req=(title:42%20section:3604%20edition:prelim)
• 25 Del. C. §§ 5107, 5113 — Delaware Code Online — https://delcode.delaware.gov/title25/c051/sc01/index.html#5107