Can my landlord raise my rent during my lease in Delaware?

If you have a fixed-term lease, your rent cannot be increased mid-lease unless your lease specifically allows for it.

How much notice must my landlord give before raising the rent?

For periodic (month-to-month) leases, Delaware landlords must provide at least 60 days' written notice before a rent increase.

What can I do if my landlord raises the rent against the lease terms?

You can dispute the increase with your landlord and file a complaint with the Justice of the Peace Court using the Landlord-Tenant Complaint Form.

Who do I contact for help resolving a rent dispute in Delaware?

Contact the Delaware Justice of the Peace Court for help with residential rent disagreements or unlawful rent increases.

Is there a legal maximum for rent increases in Delaware?

No, Delaware law does not set a cap on rent increases, but all increases must follow required notice periods and lease agreements.

Can a Delaware Landlord Raise Rent Mid-Lease?

Renter Rights & Legal Protections Delaware published: June 21, 2025

As a renter in Delaware, you have legal protections to ensure your housing situation is stable and predictable. One important question many renters face is whether a landlord can legally raise the rent during your lease period. Understanding your rights under Delaware law can help you confidently handle any unexpected rent changes.

Delaware Laws on Rent Increases During a Lease

In Delaware, rental agreements are governed by the Delaware Residential Landlord-Tenant Code.^[1] This code outlines the rules both landlords and tenants must follow, especially regarding changes to your rent.

Fixed-Term Lease: If you have a signed lease for a specific term (such as 1 year), your landlord cannot raise your rent during that period unless your lease specifically allows for mid-lease increases.
Month-to-Month/Periodic Lease: If your lease is month-to-month, the landlord may raise rent with appropriate written notice, but not within the period you’ve already paid for.
If your lease includes language about possible rent increases, it must clearly state when and how these increases can occur.

For official guidance, visit the Delaware Attorney General's Landlord-Tenant Code page.

What Notice is Required for Rent Increases?

Delaware law requires landlords to give at least 60 days’ written notice before a rent increase for periodic (month-to-month) tenancies. Notice must be provided before the end of the current rental period. For fixed-term leases, rent typically cannot be changed until the lease expires or renews.^[1]

Official Forms and How to Use Them

Notice of Rent Increase (No official form number)
When and How: A landlord gives you written notice if they intend to raise the rent at the end of your lease or during a month-to-month tenancy. For month-to-month leases, a 60-day written notice is required. Tenants can use this notice to plan housing expenses or consider whether to renew.
More info: Delaware Attorney General: Landlord-Tenant Rights
Form for Filing a Complaint (Justice of the Peace Court LL Complaint Form)
When and How: If you receive an unlawful rent increase (for example, mid-lease without agreement), you can file a complaint with the Delaware Justice of the Peace Court. To do this, use the Landlord-Tenant Complaint Form (LL Form).
See instructions: Justice of the Peace Court Landlord-Tenant Information

What Should You Do If Your Rent Is Increased Illegally?

If your landlord tries to raise your rent in the middle of a fixed-term lease without any lease clause allowing it, you have the right to challenge it. Delaware law is clear: landlords must stick to the rent set in your lease until it ends or unless both parties agree to a change.

If you receive a rent increase notice during your lease term and your lease lacks a rent adjustment clause, consider talking to your landlord first. If concerns are not addressed, contact the Delaware Justice of the Peace Court or the Attorney General's Office for further help.

Who Handles Renter Disputes in Delaware?

In Delaware, residential tenancy disputes—including those about unlawful rent increases—are typically handled by the Delaware Justice of the Peace Court. Renters can access information and forms through their official Landlord-Tenant page.

How to Respond to a Rent Increase Notice in Delaware

Review Your Lease: Double-check your lease to see if it contains any provisions about mid-lease rent changes.
Confirm Notice: For periodic tenancies, verify that the landlord gave you at least 60 days’ written notice.
Communicate in Writing: If you think the increase is unlawful, let your landlord know in writing and keep copies for your records.
File a Complaint if Needed: If the disagreement isn’t resolved, you can file a formal complaint with the Justice of the Peace Court using the Landlord-Tenant Complaint Form LL.

This process protects your right to fair housing costs under Delaware law.

Frequently Asked Questions

Can my landlord raise my rent during my lease in Delaware?
If you have a fixed-term lease, your rent cannot be increased mid-lease unless your lease explicitly allows for it.
How much notice must my landlord give before raising the rent?
For periodic (month-to-month) leases, landlords must provide at least 60 days' written notice before a rent increase.
What can I do if my landlord raises the rent against the lease terms?
You can write to your landlord to dispute the increase and, if needed, formally file a complaint with the Justice of the Peace Court using the LL Complaint Form.
Who do I contact for help resolving a rent dispute?
The Delaware Justice of the Peace Court handles residential tenant-landlord disputes, including issues with rent increases.
Is there a legal maximum for rent increases in Delaware?
No, Delaware law does not set a cap on rent increases, but all increases must follow notice requirements and lease agreements.

Key Takeaways for Delaware Renters

Rent increases are not allowed during a fixed-term lease unless your lease specifically allows it.
Landlords must provide 60 days’ written notice for rent increases in month-to-month tenancies.
If you receive an unlawful rent increase, you have the right to challenge it and seek help from state resources.