Milford is a city straddling Kent and Sussex counties in central Delaware, though primarily in Kent County. Delaware has no rent control law and no city has enacted a rent stabilization ordinance. Milford and Kent County have no additional local tenant protections. Delaware's Residential Landlord-Tenant Code (25 Del. C. § 5101 et seq.) governs the landlord-tenant relationship in Milford, providing a 60-day termination notice requirement (among the longest in the country), a 1-month deposit cap, and a 20-day return deadline.
Milford has no rent control. Delaware has no statewide rent control statute, and no Delaware city has enacted a rent stabilization ordinance. Landlords in Milford may raise rents at lease renewal by any amount. Delaware's strongest protection for month-to-month tenants is the 60-day written termination notice requirement under 25 Del. C. § 5106 — giving tenants more lead time than most states when a landlord decides to end the tenancy.
Delaware's Residential Landlord-Tenant Code requires landlords to maintain rental premises in a habitable condition (25 Del. C. § 5305) — functioning heat, plumbing, structural soundness, and compliance with local housing codes. After written notice, landlords have a reasonable time to make repairs. If they fail, you may be entitled to rent reduction, repair-and-deduct, or lease termination. Delaware prohibits landlord retaliation against tenants who report code violations or exercise legal rights (25 Del. C. § 5516). Self-help eviction is prohibited — landlords must obtain a court judgment before removal (25 Del. C. § 5313).
Source-of-income protection: As of January 1, 2026, Delaware landlords may not refuse to rent to a tenant based on a lawful source of income, including Section 8 housing-choice vouchers and other government rental assistance (SS1 for SB 293, amending the Delaware Fair Housing Act and Residential Landlord-Tenant Code). This protection is scheduled to sunset on December 31, 2028 unless extended by the General Assembly.
Delaware caps security deposits at one month's rent for most tenancies (25 Del. C. § 5514). Landlords must return the deposit within 20 days of move-out along with an itemized written statement of any deductions. If your landlord wrongfully withholds your deposit, you may recover the deposit amount plus double the wrongfully withheld amount as damages. Document the condition of your unit at move-in and move-out with photos and provide your forwarding address in writing when you vacate.
To evict a Milford tenant, the landlord must serve proper written notice and file with the Kent County Justice of the Peace Court for a judgment. Month-to-month tenants must receive 60 days' written notice before the tenancy ends (25 Del. C. § 5106) — one of the longest statutory notice requirements in the country. For nonpayment of rent, landlords serve a written notice before filing. Self-help eviction — changing locks, removing belongings, or cutting off utilities — is illegal (25 Del. C. § 5313). You have the right to appear at your hearing and present defenses.
This article is for informational purposes only and does not constitute legal advice. Laws change — verify current statutes and consult a licensed Delaware attorney for advice specific to your situation.
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