What to Expect When Your Rent-Controlled Apartment Becomes Market Rate in Delaware

If you're renting in Delaware and your apartment has been under rent control, it can be confusing and stressful if your landlord notifies you that your unit will move to market rent. While Delaware does not have statewide rent control, some local rules and lease agreements may limit rent increases for certain periods or under special programs. Understanding what happens when these protections end is key to safeguarding your rights and making informed decisions.

How Rent Control and Rent Stabilization Work in Delaware

Unlike some neighboring states, Delaware does not have statewide rent control or a formal rent stabilization program. Most rental housing is governed by the Delaware Residential Landlord-Tenant Code^[1]. However, specific local housing programs or affordable housing agreements may put temporary limits on rent increases. When these end, the unit can be converted to market rent, allowing the landlord to set new rental rates in line with the open market.

When Can Your Unit Move to Market Rent?

• End of a local rent control program: Some municipalities (like Wilmington) have limited rent caps tied to specific development projects or affordable housing programs.
• Expiration of an affordable housing agreement: Special subsidized units may revert to open market status after a contract expires.
• Lease renewal: If your written lease expires, a landlord may propose new terms for the next lease period.

Always review your lease to check if you are under a local affordability or stabilization restriction, and ask your city housing authority if you're unsure.

Notice Requirements for Rent Increases in Delaware

If your apartment is transitioning to market rent, the landlord must still follow Delaware’s legal notice requirements for any rent increase:

• Written Notice: Landlords must provide at least 60 days' written notice before increasing the rent^[1].
• Timing: Notice must be given before the next rental period begins (typically before the end of your current lease, or 60 days before the increase takes effect if you are on a month-to-month agreement).

Your Rights When Receiving a Rent Increase

• You have the right to accept or reject the new market rent terms.
• If you do not agree to the higher rent, you may choose to move out at the end of your current lease or the notice period.
• Retaliation or discriminatory rent increases are prohibited under Delaware law.

If you're facing a steep increase, start planning early: compare rental listings in your area, review your finances, and talk with your landlord if you need more time or want to negotiate.

Required Forms and How to Use Them

• 60 Day Notice of Rent Increase (there is no official state form, but the law requires landlords to issue this notice in writing).
  Renter example: If your landlord gives you a written letter (or email if allowed) stating your new rent amount and effective date, keep it for your records. You can view the state code here: Delaware Rental Laws.
• Rental Complaint Form (Delaware Justice of the Peace Court, Official Form CF01):
  When to use: If you believe the rent increase notice was not lawfully delivered or was retaliatory, you may file a complaint with the local court. Form details are available at the Justice of the Peace Court: Complaint Form (CF01).

Which Tribunal Handles Rent Disputes?

The Delaware Justice of the Peace Court: Landlord/Tenant division handles residential tenancy disputes, including issues around rent increases and evictions.

What Delaware Law Says About Market Rent

The Delaware Residential Landlord-Tenant Code governs all residential rental properties statewide. It covers:

• Notice requirements for rent changes
• Rules against retaliation
• Eviction protections (if you don't accept the new rent, certain procedures must be followed)

This law is updated regularly—always refer to the current text online for the latest rights and requirements.

FAQ: Delaware Renters Facing Market Rent

1. How much can my landlord increase the rent after rent control ends?
   Delaware law doesn’t set a cap on rent increases when a unit moves to market rent. However, the landlord must follow notice requirements outlined by state law.
2. What should I do if I can’t afford the new market rent?
   Contact your landlord to discuss options or consider searching for alternative housing. Local tenant organizations may provide relocation or budgeting resources.
3. Can I challenge a rent increase at the Justice of the Peace Court?
   You may file a complaint if the rent increase violates notice rules or is retaliatory. The court can review your situation based on Delaware law.
4. Do I have to move out if I don’t accept the increased rent?
   If you do not accept the new market rent after proper notice, your landlord may begin non-renewal or eviction procedures after your current lease or notice period ends.
5. Is there any rent control in Delaware?
   No, there is no statewide rent control. Some local rules or programs may offer short-term protections, but they are limited and time-bound.

Key Takeaways for Delaware Renters

• Delaware does not have statewide rent control, so most units can move to market rent after local or lease protections end.
• Landlords must give 60 days’ written notice before any rent increase.
• The Delaware Justice of the Peace Court is the correct venue for rent disputes.

If your apartment is changing to market rent, review your lease, know your notice rights, and ask for support if needed.

Need Help? Resources for Renters

• Delaware Justice of the Peace Court: Landlord/Tenant – Tribunal for rent and eviction cases
• Delaware Attorney General's Consumer Protection – Landlord-Tenant Unit
• Legal Services Corporation of Delaware – Free legal aid for renters
• Delaware State Housing Authority: Resources for Renters

---

1. Delaware Residential Landlord-Tenant Code

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations