Delaware rental housing laws

Rental housing laws enacted in Delaware

11 rental housing laws enacted in the Delaware Legislature in the 2025 and 2026 sessions, newest first. Each links to the legislature's own page.

• SB 292AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO THE LANDLORD-TENANT CODE.Takes effect 9 March 2027

  What it requires: Before terminating a lease when rent is paid from a state reentry fund, landlords must assist the tenant in completing a discharge plan including shelter or housing and provide notice to the fund administrator and, if applicable, the Department of Correction and local law enforcement. Landlords must provide fund administrators with written explanation, contact information, and the model discharge plan before or with the first payment.

  Eviction procedure

• SB 116AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO RIGHT OF REDEMPTION.Enacted 18 August 2026

  What it does: This amendment modifies Delaware's right of redemption law to clarify payment method restrictions for landlords, limit certain payment acceptance to charitable organizations and government entities only, and specify that vacated judgments still count toward the three-judgment threshold for tenant ineligibility.

  Eviction procedure

• SB 235AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO RENT INCREASES.Enacted 23 July 2026

  Rent caps and stabilization

• SB 297AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO CONSUMER PROTECTION.Enacted 23 July 2026

  What it does: Amends Delaware's Consumer Fraud Act to clarify that unfair or deceptive conduct occurring before, during, or after the sale, lease, receipt, or advertisement of merchandise falls within the statute's scope.

• HB 217AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO KEY SURRENDER IN RESIDENTIAL LEASES.Enacted 24 June 2026

  What it requires: If a lease requires surrender of rental unit keys as a condition for return of a security deposit, the lease must provide a clear procedure for key surrender and may not require surrender prior to the end of the lease term. If the lease lacks clear procedures, tenants may leave keys in the rental unit or mailbox with written notice to the landlord.

  Security deposits

• HB 311AN ACT TO AMEND TITLE 24 AND TITLE 25 OF THE DELAWARE CODE RELATING TO A RESIDENTIAL LANDLORD TENANT GUIDE.Enacted 10 June 2026
• HB 193AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO THE DELAWARE MANUFACTURED HOME RELOCATION TRUST FUND.Enacted 3 September 2025

  What it does: Changes the effective date of House Bill No. 193 from the original enactment date to January 1, 2026, to allow the Division of Revenue time to communicate with taxpayers, update forms, and modify the tax system for reporting and collecting the fee.

  Security deposits

• SB 40AN ACT TO AMEND TITLES 10 AND 25 OF THE DELAWARE CODE RELATING TO MANUFACTURED HOUSING AND TENANTS’ RECEIVERSHIP PETITIONS.Enacted 3 September 2025

  What it requires: Landlords of manufactured home communities must not engage in a pattern or practice of violating provisions of subchapters I through V of Chapter 70 of Title 25 or rental agreement terms. The Justice of the Peace Court must send written notice to the Director of Consumer Protection within 10 days of receiving a tenants' receivership petition, except when filed by the Attorney General.

  Habitability and repairs

• SB 56AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO MANUFACTURED HOME TITLE TRANSFERS.Enacted 3 September 2025
• SB 115AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO SUMMARY POSSESSION.Took effect 29 January 2026

  What it requires: The Court must grant a defendant's motion to shield an eviction record if any of seven conditions are met, including judgment on the merits with five years elapsed and monetary awards satisfied, stipulated agreement compliance, plaintiff withdrawal, court dismissal, judgment for defendant, mutual agreement, or interests of justice. Within 45 days, the Court must remove records from public databases and store them inaccessibly.

  Eviction procedure

• HB 70AN ACT TO AMEND TITLES 16 AND 25 OF THE DELAWARE CODE RELATING TO LEAD-BASED PAINT.Enacted 21 July 2025

  What it does: Amends Delaware law on lead-based paint by requiring immediate implementation of a feasibility review and worker safety provisions, while delaying other provisions until 12 months after necessary legislation and regulations are enacted or March 1, 2028, whichever is earlier.

  Habitability and repairs

Rental housing in Delaware, by topic

• Eviction procedure

  4 bills, 3 enacted. Enacted in 28 states.

• Security deposits

  4 bills, 2 enacted. Enacted in 12 states.

• Habitability and repairs

  3 bills, 2 enacted. Enacted in 17 states.

• Rent caps and stabilization

  1 bill, 1 enacted. Enacted in 11 states.

• Short-term rentals

  1 bill. Enacted in 7 states.