LANDLORD GUIDE · DELAWARE
Reviewed November 13, 2026
For an existing private residential tenancy. Fixed-term changes, assisted housing, mobile-home spaces and required local forms need a separate review. This guide explains selected rules; it is not a coverage determination or legal advice for a particular property.
The notice must describe the new bargain
Delaware Code §5107 requires at least 60 days' notice before expiration of the rental agreement when the landlord intends to renew it on modified terms. The notice must specify the modified provisions, including the new rent and effective date. The tenant has 45 days to accept or reject the proposal through the statutory response procedure.
Section 5107 treats nonresponse as acceptance in the circumstances it describes; rejection can operate as termination at the end of the existing term. Do not borrow Connecticut's different consent rule or treat this as an informal price suggestion. Explain the response procedure accurately and review it before issuing the notice.
Do not mix two different 60-day rules
Section 5106 separately governs ending periodic tenancies, including how a monthly termination notice runs from the beginning of the next month. An increase intended to continue occupancy is a modification question under §5107, not automatically a termination under §5106.
Identify the agreement's expiration or renewal point and the delivery date. A notice that gives plenty of days but never states which provisions change can still be unclear. Include all proposed modifications; leaving a fee or utility change for a later conversation creates uncertainty about what the tenant accepted.
Example: track the response as well as the rent date
Suppose a landlord proposes a new rent of $1,575 instead of $1,500. The $75 difference is 5%. The file should include the end of the existing term, the date the modification notice was delivered, the 45-day response deadline and the proposed new effective date. A calendar entry only for the first higher payment misses a central part of Delaware's process.
What to do before implementation
Keep the full notice, the existing agreement and the tenant's response together. If the tenant rejects, do not assume continued occupancy at the new amount without reviewing the resulting tenancy status. Federally assisted or otherwise regulated arrangements may have controlling additional rules. When the actual intention is termination, obtain the correct document and procedure instead of converting this rent-increase form into a demand for possession.
Official sources and updates
Dated caps apply only to the periods stated. Check the official sources before preparing a later increase.