Housing assistance in Delaware

Where to apply for rental assistance and vouchers

Section 8 vouchers and public housing are run by local public housing agencies (PHAs). Each keeps its own waiting list, so apply to every agency serving places you could live. The state housing finance agency funds affordable apartments and homebuyer programs but usually does not take voucher applications.

Ask each agency: Is the waiting list open? How do I apply, and how will you contact me? Never pay to apply or to move up a list. See how to apply for Section 8 and how waiting lists work.

Programs and free legal help in Delaware

No statewide emergency rent program? Most rent help is local. Call 211 and ask which county, charity, or community action programs are taking applications now. See emergency rental assistance.

Key tenant laws in Delaware

Statewide rules for most private rentals. Cities, counties, subsidized housing, and your lease can add protections, and some rules have exceptions. Read the linked law before relying on a deadline.

Security deposit limit

Up to 1 month's rent for leases of 1 year or more, and for month-to-month or open-ended tenancies once they have lasted a year (the landlord must then credit back any excess). The limit does not apply to furnished units. Deposits must be kept in a separate escrow account at a federally insured bank with an office in Delaware.

25 Del. C. § 5514(a)-(b)

Deposit return deadline

Within 20 days after the lease ends, the landlord must return the deposit or send an itemized list of damages with estimated repair costs, plus any balance owed. A landlord who misses the deadline owes double the amount wrongfully withheld. The tenant has 10 days after receiving the payment to object in writing, and should give a forwarding address in writing.

25 Del. C. § 5514(e)-(h)

Notice before an eviction for unpaid rent

After the 5-day period before late fees are allowed, the landlord may give a written demand that gives the tenant at least 7 days to pay before filing an eviction case. This replaced the earlier 5-day notice under a 2026 amendment (85 Del. Laws c. 436). If the tenant, or someone paying for them, pays all rent due, the landlord cannot file the case, or cannot continue one already filed.

25 Del. C. §§ 5501(d), 5502

Landlord entry notice

At least 48 hours' notice, with entry only between 8:00 a.m. and 9:00 p.m. No notice is needed for repairs the tenant requested or in an emergency. Tenants may waive the 48-hour notice for showings to prospective tenants or buyers, but only in a separate signed document.

25 Del. C. § 5509

Rent increases and rent control

The Landlord-Tenant Code contains no rent cap. To change the rent or other terms at renewal, the landlord must give at least 60 days' written notice before the lease expires. This rule does not apply where HUD rules set rent based on income.

25 Del. C. § 5107

If the landlord won’t make repairs

Repair-and-deduct is allowed if the landlord does not fix the problem within 30 days of written notice, or does not start corrective steps within 10 days. The deduction is capped at $400 or half a month's rent, whichever is less, and requires receipts. Tenants who are behind on rent cannot use it. If the landlord fails to provide heat, hot water, water or electricity for 48 hours after notice, the tenant may withhold two-thirds of the daily rent or end the lease.

25 Del. C. §§ 5307, 5308

This is general information, not legal advice. If you have a notice or court papers, contact legal aid right away. See facing eviction, security deposit rights, and repairs and habitability.

Phone lines that serve Delaware

• Shelter, rent help, and local services211
• HUD-approved housing counseling800-569-4287
• Housing discrimination complaints (HUD)800-669-9777
• Energy assistance referral (LIHEAP)866-674-6327
• Veterans at risk of homelessness877-424-3838
• Domestic violence hotline800-799-7233

More local contacts: HUD’s Delaware resource page.

Next steps

1. Urgent? If you need shelter tonight or have an eviction court date, start with urgent housing help.
2. Behind on rent: call 211 and apply to several programs at once. Use our payment plan letter to propose terms to your landlord in writing.
3. Long-term help: apply to every housing agency above, plus income-restricted apartments. Gather your documents first.
4. Check affordability: use the rent affordability calculator or the Section 8 rent calculator.

Sources

Checked October 10, 2026. Laws, programs, and agency websites change; confirm details with the agency or court before relying on them. Report a correction.

1. 25 Del. C. Chapter 55 - Tenant Obligations and Landlord RemediesDelaware General Assembly
2. 25 Del. C. Chapter 53 - Landlord Obligations and Tenant RemediesDelaware General Assembly
3. 25 Del. C. Chapter 51, Subchapter I - General ProvisionsDelaware General Assembly
4. 25 Del. C. Chapter 56 - Right to Legal RepresentationDelaware General Assembly
5. Energy Assistance (LIHEAP)Catholic Charities, Diocese of Wilmington
6. Eviction HelpDelaware Legal Help Link
7. Eviction PreventionDelaware State Housing Authority
8. Voucher ProgramsDelaware State Housing Authority
9. Delaware 211Delaware 211
10. Wilmington Housing AuthorityWilmington Housing Authority