Delaware’s landlord-tenant rules come from the Residential Landlord-Tenant Code (Title 25 of the Delaware Code), and as of January 1, 2026 the state protects renters from source-of-income discrimination — so a landlord can no longer refuse you just for using a Section 8 voucher. There is no rent control, but Delaware caps deposits and sets clear notice rules. This page covers the statewide framework, your deposit rights, and how eviction works.
- 211 Delaware — free, 24/7 — dial 2-1-1 for rental help, shelters, and utilities
- Community Legal Aid Society (CLASI): 1-800-292-7980 · declasi.org
- Delaware Division of Human and Civil Rights (source-of-income / fair housing): (302) 577-5050
- Delaware State Housing Authority: destatehousing.com
- HUD fair housing: 1-800-669-9777
Public Housing & Vouchers in Delaware
Section 8 Housing Choice Vouchers and public housing in Delaware are run by the Delaware State Housing Authority (DSHA) and local authorities (such as the Wilmington Housing Authority and the New Castle County Housing Authority). To find the authority that serves you, use HUD’s PHA directory or read how to find your PHA. Each authority keeps its own waitlist, so apply to several. For income-restricted apartments, search HUD’s LIHTC database or read how to find LIHTC housing. Thanks to the new source-of-income law (below), a landlord cannot refuse you for using a voucher.
Source-of-Income Protection (New in 2026)
Effective January 1, 2026, Delaware prohibits housing discrimination based on source of income. A landlord may no longer refuse to rent to you, or advertise against you, solely because you would pay with a Section 8 Housing Choice Voucher or other government rental assistance. A landlord can still apply the same screening criteria (credit, references, income from the portion you pay) that they apply to everyone — but a blanket “no vouchers” policy is now illegal. This protection is set to expire on December 31, 2028 unless the legislature extends it. Complaints go to the Delaware Division of Human and Civil Rights at (302) 577-5050. See our source-of-income protections guide.
Rent Control & Rent-Increase Notice
Delaware has no rent control, so there is no legal cap on how much rent can rise. But the Code sets notice rules: a landlord must give at least 60 days’ written notice before increasing rent or changing lease terms at renewal. If you get an increase without proper notice, raise it with the landlord in writing or call CLASI.
Emergency Rental Assistance in Delaware
- Dial 211 for the current list of rental, deposit, and eviction-prevention funds near you
- The Delaware State Housing Authority funds rental and stabilization programs — check destatehousing.com
- LIHEAP helps with heating and cooling bills — see utility assistance programs
- Catholic Charities and other nonprofits administer prevention funds; 211 keeps the current list
See our emergency rental assistance guide for how these programs work.
Delaware Tenant Law: Key Protections at a Glance
Quick Reference: Delaware
- Source-of-income protection: yes — effective January 1, 2026; vouchers cannot be refused
- Rent control: none — but at least 60 days’ notice is required before a rent increase or renewal change
- Nonpayment notice: a 5-day demand for rent before the landlord can file
- Lease-violation notice: 7 days to cure
- Security deposit: capped at one month’s rent for a lease of one year or more; returned within 20 days with an itemized statement
- Code summary: the landlord must give you a written summary of the Landlord-Tenant Code at move-in
- Self-help eviction: illegal — only the Justice of the Peace Court can order a removal
Security deposits
For a lease of one year or more, a Delaware landlord may not collect more than one month’s rent as a security deposit. After you move out and give a forwarding address, the landlord must return the deposit within 20 days with an itemized statement of any deductions. If the landlord misses the deadline, you may be entitled to double the amount wrongfully withheld. Document the unit’s condition at move-in and move-out, and read how to recover your security deposit.
Eviction process & how long it takes
Self-help eviction is illegal — a landlord cannot change the locks or shut off utilities and must go through the Justice of the Peace Court. The sequence:
- Notice: for nonpayment, a 5-day demand for the rent; for a lease violation, a 7-day notice to cure
- Complaint filed in Justice of the Peace Court; you are served and given a hearing date
- Hearing — appear and raise any defenses (the rent was paid, improper notice, conditions, retaliation); if you do not appear, the landlord usually wins by default
- Judgment and writ of possession: if the landlord wins, a writ issues after an appeal window and a constable carries out the removal
From notice to removal, a Delaware eviction commonly takes about one to two months. Get help from Community Legal Aid Society (1-800-292-7980), and read how to avoid eviction.
Other Housing Programs in Delaware
- HUD-VASH (veterans) — a voucher paired with VA case management; see how to apply for HUD-VASH
- State Rental Assistance Program (SRAP) — Delaware’s state-funded rental help, run by DSHA
- Permanent Supportive Housing & rapid re-housing — access through Coordinated Entry by calling 211
- Eviction prevention — our eviction prevention hub explains what to do before your court date
Where to Get Help in Delaware
Tenant help & legal aid: Community Legal Aid Society (1-800-292-7980) and Legal Services Corporation of Delaware handle eviction and housing cases.
Source-of-income / discrimination: the Delaware Division of Human and Civil Rights ((302) 577-5050) enforces the new law.
Find your local PHA: HUD’s PHA directory or our how to find your PHA guide.
211 helpline: dial 2-1-1 or visit delaware211.org for rental help, shelters, and utility assistance.
HUD fair housing: file at hud.gov/reporthousingdiscrimination or call 1-800-669-9777.
Next Steps
Not sure where to start? Our Where to Start tool routes you to the right mix of programs in about two minutes.
If a landlord turned you away for a voucher, that is now illegal in Delaware — contact the Division of Human and Civil Rights ((302) 577-5050). If you have an eviction notice, call Community Legal Aid Society and read eviction prevention.