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Delaware late fee law

Read from the statute itself on 2026-11-09. Statewide rule; a city or county can add its own.

Statutory cap
5% of monthly rent
Grace period
5 days after the due date

A late charge may not exceed 5% of the monthly rent and may not be imposed within 5 days of the due date. If the landlord keeps no office or place of payment in the county where the unit is, the due date is extended by 3 days.

Source: 25 Del. C. § 5501(d) · read on 2026-11-09

Calculate it for your rent

Legal maximum
$125 maximum
The statutory ceiling in Delaware at this rent: 5% of monthly rent.
Grace period
5 days
Statutory cap
5% of monthly rent
Delaware: A late charge may not exceed 5% of the monthly rent and may not be imposed within 5 days of the due date. If the landlord keeps no office or place of payment in the county where the unit is, the due date is extended by 3 days.
Source: 25 Del. C. § 5501(d) · read on 2026-11-09

Delaware: common questions

What is the maximum late fee in Delaware?

Delaware's statute caps it: 5% of monthly rent. A late charge may not exceed 5% of the monthly rent and may not be imposed within 5 days of the due date. If the landlord keeps no office or place of payment in the county where the unit is, the due date is extended by 3 days.

Is there a grace period for late rent in Delaware?

Yes: no late fee may be charged until rent is 5 days past due.

Not legal advice. Confirm with a local landlord-tenant attorney before relying on a figure.

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