A new Delaware law requires landlords to accept rent payments from tenants—or anyone paying on their behalf—even during eviction proceedings.
Most Delaware property owners don't realize that starting September 1, 2026, they will be legally required to accept rent payments from tenants under nearly all circumstances—including from third parties like charities or government agencies, and even after an eviction action has been filed.
This requirement is embedded in Senate Bill 116, "An Act To Amend Title 25 Of The Delaware Code Relating To Right Of Redemption." While the bill's title suggests a narrow focus, Section 1 of the law adds critical new language to Delaware Code § 5502(c) and (d) that fundamentally changes how landlords can handle unpaid rent and evictions.
Under the new provision, a landlord is prohibited from refusing a rent payment tendered by or on behalf of a tenant. This applies whether the payment comes directly from the tenant, from a nonprofit organization, from a government assistance program, or from any other third party acting on the tenant's behalf.
The critical consequence: if a landlord accepts full payment of rent—at any point before or after an eviction action is filed—that acceptance extinguishes the eviction action entirely. The tenant cannot be evicted for non-payment once the full amount has been paid and accepted.
For landlords, this creates a significant operational and financial risk. If a tenant falls behind on rent and you file for eviction, the tenant (or a third party on their behalf) can tender the full amount owed at any point in the process. Once you accept that payment—and you must accept it—the eviction case is dismissed. If the tenant fails to pay again, you must restart the entire eviction process from the beginning, absorbing additional court costs, legal fees, and lost time.
This applies even if the tenant has a history of late payments or if you've already invested in legal action. The law does not create exceptions for repeat offenders or chronic late payers.
The requirement to accept payment also extends to partial or staged payments if they ultimately result in full satisfaction of the debt before judgment.
This law affects all Delaware landlords—from small independent owners managing a few units to larger property management firms. It applies to residential and commercial leases governed by Title 25 of the Delaware Code.
Tenants may benefit from expanded access to rental assistance programs, as landlords cannot refuse payments from government or nonprofit sources. However, landlords lose discretion in managing chronic non-payment situations.
The new rules become effective September 1, 2026. Property owners should review their current eviction policies, lease language, and collection procedures before that date to understand how this change will affect their operations.
Delaware property managers and owners should consult with legal counsel about how to adapt their tenant management practices in light of this requirement. The Delaware Apartment Association and other industry groups have resources available to help members understand the practical implications for their specific situations.
Source: Delaware Senate Bill 116, Section 1, amending Delaware Code § 5502(c) and (d), effective September 1, 2026.