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Delaware Statewide Rule

Delaware Has No Rent Control and No Statewide Cap

Few RestrictionsApplies statewide across Delaware (2026)

Key Facts

Local rent control
Not addressed (no express preemption; none enacted)
Statewide rent cap
None
Preemption statute
None
Cities with rent control
None
Last verified: August 20, 2026

Summary

Delaware has no statewide rent control and no statutory limit on how much rent can rise. The Landlord-Tenant Code (Title 25) does not expressly preempt local rent control, so cities are not clearly barred from enacting it, but no Delaware municipality has done so. Rents are set by the market and the lease.

(a) A community owner may not increase a tenant's lot rent more than once during any 12-month period, regardless of the term of the tenancy or the term of the rental agreement.

Full Breakdown

Delaware's residential Landlord-Tenant Code in Title 25 contains no statewide rent cap or rent-stabilization program; the state regulates the timing and notice of increases, not their amount. No section of Title 25 expressly preempts local rent-control ordinances, so unlike states with explicit preemption (for example, Arizona), Delaware leaves the question open, but no city or county has adopted rent control. A 2024 proposal, House Bill 455, would have capped renewal increases at 5% (or 7% if the 36-month average CPI-U exceeded 5%), but it died in the House Housing Committee and never became law, so no percentage cap is in effect. For private residential tenancies, landlords must still give advance written notice before raising rent under the Code's notice provisions.

Violations & Penalties

Because no statewide rent cap exists, there is no penalty for the amount of a rent increase; the only constraints are the lease terms and the Code's advance-notice requirements. No municipal rent-control ordinance is currently on the books to enforce against landlords.

Frequently Asked Questions

Is rent control legal in Delaware?
Delaware has no statewide rent control and no statute limiting rent increases. State law does not expressly authorize or expressly forbid local rent control, and no Delaware city or county has enacted any rent-control ordinance.
Can a city in Delaware pass its own rent control?
Delaware's Landlord-Tenant Code does not expressly preempt local rent control, so the question is not directly addressed by statute. In practice no Delaware municipality has enacted rent control, and any local effort would face significant legal and political hurdles.
Is there a limit on how much rent can increase in Delaware?
No. There is no statewide percentage cap on rent increases. A 2024 bill (HB 455) proposed a 5%/7% cap but died in committee and never became law. Landlords may raise rent by any amount, subject to the lease and required advance written notice.

Sources

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