Delaware’s rental landscape in 2025 brings notable changes that impact both tenants and landlords across the state. While Delaware has historically lacked traditional rent control, new legislation has introduced a cap on rent increases during lease renewals, designed to curb sudden spikes and improve housing security for renters.
Under House Bill 455, Delaware now limits annual rent increases at lease renewal to 5 percent of the previous rent, unless inflation is notably high. Specifically, if the 36-month average annual increase of the Consumer Price Index for All Urban Consumers (CPI-U) exceeds 5 percent, landlords may raise the rent by up to 7 percent.
This measure is intended as a ten-year statewide pilot program targeting affordable housing concerns, ensuring rent hikes remain controlled and predictable for tenants facing renewal. For new leases, if the previous rent equals or exceeds the federally established Fair Market Rent, landlords may only increase rent according to the renewal cap; otherwise, further calculations are used to align increases with market rates and the new legal limits.
To enforce transparency, Delaware law requires landlords to notify tenants in writing at least 60 days before a rent increase can take effect for most residential properties. This notice period applies to both standard leases and month-to-month tenancies, giving renters adequate time to prepare financially, consider their options, or negotiate.
The only exception applies to manufactured home communities, where landlords are required to give 90 days’ written notice and, in some cases, must formally justify the increase—especially if it substantially exceeds the rate of inflation or current market rates.
This robust notification requirement helps prevent abrupt or unfair rent increases, and if landlords fail to comply, any attempted increase is not legally valid.
Another cornerstone of Delaware’s rent law is the prohibition of discriminatory or retaliatory rent increases. Landlords may not use rent hikes to target tenants based on race, sex, national origin, familial status, disability, or other protected characteristics under federal and state fair housing laws.
Increases also cannot be imposed in retaliation for a tenant’s lawful activities, such as reporting code violations or joining tenant associations. These protections ensure increases are based solely on market factors or legitimate financial needs, not bias or reprisal. If a tenant believes a rent increase is unlawful, they have recourse to dispute it—especially when notice or justification requirements are unmet. Tenants are encouraged to respond promptly to increase notices, with 45 days typically provided to contest an unjustified hike or pursue formal mediation.
Importantly, rent cannot be increased during a fixed-term lease period unless the lease itself specifically allows for such changes. Typically, increases are only permissible upon lease renewal or when a lease transitions from fixed-term to month-to-month. For manufactured homes, only one increase is permitted annually, and the landlord must document any requested amount above inflation, providing further accountability for tenants in these unique housing situations.
Together, these new laws and established provisions constitute a more predictable and fair framework for Delaware renters in 2025. Tenants should carefully review any rent increase notices and understand their rights regarding notice periods, legal caps, and protection from retaliation or discrimination. For detailed concerns, tenants should consult the Delaware Residential Landlord-Tenant Code or seek help from a tenant advocacy group or attorney specializing in housing law. Awareness of these rules is essential for navigating Delaware’s evolving rental market with confidence.
Sources
(https://legis.delaware.gov/BillDetail/141700)
(https://www.steadily.com/blog/how-much-can-a-landlord-raise-rent-in-delaware)
(https://www.steadily.com/blog/rent-increase-laws-regulations-delaware)
(https://www.hemlane.com/resources/delaware-rent-control-laws/)
(https://delcode.delaware.gov/title25/c051/sc01/index.html)
