Delaware Statewide Rule
Delaware Late Rent Fee Limits
Key Facts
- Late fee cap
- 5% of monthly rent (Del. Code tit. 25 § 5501(d))
- Grace period
- No fee within 5 days of due date
- Office-in-county rule
- Landlord must keep a county payment office
- No county office
- Payment time extended 3 days
Summary
Del. Code tit. 25 § 5501(d) caps residential late fees at 5 percent of monthly rent and bars any late fee within 5 days of the due date. A landlord must keep an office in the county for rent payment; failing to do so extends the payment time by 3 days.
(d) Where the rental agreement provides for a late charge payable to the landlord for rent not paid at the agreed time, such late charge shall not exceed 5 percent of the monthly rent. A late charge is considered as additional rent for the purposes of this Code. The late charge shall not be imposed within 5 days of the agreed time for payment of rent. The landlord shall, in the county in which the rental unit is located, maintain an office or other permanent place for receipt of payments, where rent may be timely paid. Failure to maintain such an office, or other permanent place of payment where rent may be timely paid, shall extend the agreed on time for payment of rent by 3 days beyond the due date.
Full Breakdown
Under Del. Code tit. 25 § 5501(d), a 'late charge shall not exceed 5 percent of the monthly rent' and 'shall not be imposed within 5 days of the agreed time for payment.' The same subsection requires the landlord to 'maintain an office or other permanent place for receipt of payments, where rent may be timely paid' in the county where the unit is located. If the landlord fails to maintain such an office in the county, the agreed time for payment is extended 'by 3 days beyond the due date,' effectively giving tenants extra time before rent is late and before any late charge can apply. The late-fee cap and grace period are mandatory and cannot be waived by lease provisions that conflict with the statute.
Violations & Penalties
A late fee above 5 percent of monthly rent, or charged before the 5-day grace period (or before the extra 3 days where the landlord keeps no county office), is unenforceable; the tenant may dispute or recover any improperly collected amount.
Frequently Asked Questions
What is the maximum late fee in Delaware?
What if a Delaware landlord has no office in the county?
Sources
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