25 Del. C. ch. 55 § 5501
Tenant obligations; rent
Operative Text
(a) The landlord and tenant shall agree to the consideration for rent. In the absence of such agreement, the tenant shall pay to the landlord a reasonable sum for the use and occupation of the rental unit. (b) Rent shall be payable at the time and place agreed to by the parties. Unless otherwise agreed, the entire rent shall be payable at the beginning of any term for 1 month or less, while 1 month’s rent shall be payable at the beginning of each month of a longer term. (c) Except for purposes of payment, rent shall be uniformly apportioned from day to day. (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. (e) If a landlord accepts a cash payment for rent, the landlord shall, within 15 days, give to the tenant a receipt for that payment. The landlord shall, for a period of 3 years, maintain a record of all cash receipts for rent.
Section 5501 of Delaware's Residential Landlord-Tenant Code establishes the basic framework for how rent is set, when it is due, and what additional obligations surround its payment. If no rent amount is agreed upon, a 'reasonable sum' is owed for occupancy. Late fees are capped at 5 percent of monthly rent and cannot be assessed until at least five days after the due date. Landlords who accept cash must issue a receipt within 15 days and keep records of cash payments for three years.
Plain English — not legal advice.
Under 25 Del. C. § 5501, compliant operators maintain a physical office or permanent payment location in the same county as the rental unit, ensuring tenants have a reliable place to pay on time. Late charges, if included in the rental agreement, are set at no more than 5 percent of monthly rent and are not assessed until the five-day grace period has passed. When cash is accepted, landlords issue a written receipt within 15 days and retain records of all cash transactions for at least three years.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 5501 of Title 25 gives Delaware tenants several concrete protections around rent payment: late fees cannot exceed 5 percent of monthly rent and cannot be charged within the first five days after rent is due. If a landlord fails to maintain a local payment office or location in the county where the unit is located, the due date is automatically extended by three additional days. Tenants who pay in cash are entitled to a written receipt within 15 days, and tenant-rights organizations can help if a landlord imposes fees or withholds receipts in ways that appear inconsistent with § 5501.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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