Lead-based paint Landlord/agent ID Copy of rental agreement Summary of landlord-tenant laws Security deposit location
Rent and Fees
Application Fees: 10% of monthly rent or $50, whichever is greater Rent Control: N/A Late Fee Limit: 5% of monthly rent Grace Period Minimum: 5 days
Security Deposits
Amount Limit: 1 month’s rent, plus pet and/or furniture deposits Interest: N/A Return Within: 20 days Entry
Notice: 48 hours’ Permitted Times of Entry: 8:00 a.m. – 9:00 p.m.
Fair Housing Protections
Race Color National origin Religion Sex Familial status Disability Creed Marital status Sexual orientation Gender identity Age Source of income Occupation
Eviction Notices
Rent Demand Notice: 5-day pay-or-quit notice Notice for Lease Violation: 7-day cure-or-quit notice Unconditional Notice to Quit: Immediate
Landlords in all 50 states must include information about lead-based paint hazards in the rental agreements for most properties built before 1978. Sellers and landlords must distribute an EPA-approved information pamphlet called “Protect Your Family from Lead in Your Home” and disclose any known lead hazards in the property. These obligations were established by Section 1018 of the Residential Lead-Based Paint Hazard Reduction Act of 1992.
NSF/Bounced Check Fee Maximum: The service fee for bad checks in Delaware is undetermined.
Withholding Rent/Repair and Deduct: Tenants in Delaware are permitted to both repair and deduct or withhold rent in case of a breach of contract by the landlord.
For repair and deduct: If a landlord in Delaware fails to maintain the unit, make repairs, keep the property in a sanitary condition, or perform other work required by law or the lease, the tenant may initiate the repair and deduct remedy by first sending a written notice. If after 30 days the landlord has not remedied the breach or begun repairs, the tenant may arrange for professional repairs and deduct from the rent up to $400 or half of one month’s rent, whichever is less. This remedy is unavailable to tenants who caused the condition or who are delinquent in rent payments (Del. Laws 25 § 5307).
For withholding rent: If the landlord fails to provide hot water, heat, water, or electricity; fails to remedy a condition that deprives the tenant of a benefit of the lease; or violates the state housing Code, and this failure lasts for 48 hours, the tenant must first send written notice to the landlord. Then, they may either immediately terminate the lease, or withhold up to 2/3 per diem rent during the period that adequate housing is not supplied. If the landlord still fails to remedy the breach, the tenant can also choose to procure substitute housing and charge the landlord up to ½ of the amount of abated rent (Del. Laws 25 § 5308).
Security Deposits
Deposit Limit: 1 month’s rent (Del. Laws 25 § 5514(a)(2)). This limit does not apply to furnished rental units. Landlords may also charge an additional pet deposit, which cannot exceed one month’s rent (Del. Laws 25 § 5514(i)).
Interest: Landlords in Delaware are not required to pay interest on security deposits.
Deposit Location: Security deposits must be kept in an escrow bank account in a federally insured banking institution. The account must be separate from other funds and not used for other business of the landlord (Del. Laws 25 § 5514(b)).
Withholding: Landlords may withhold funds from the security deposit for damages beyond ordinary wear and tear, late fees, unpaid rent, premature termination of the lease and/or reasonable renovation or re-renting expenses, and other expenses owed to the landlord under the lease agreement. The landlord must provide the tenant with an itemized list of damages and their costs as deductions from the security deposit (Del. Laws 25 § 5514(c-f)).
Tenant Screening and Fair Housing Protections
Protected Classes
Federal law prohibits discrimination in housing based on race, color, religion, gender, national origin, familial status, and disability (Title 24 USC § 3601-3607). Delaware state law adds creed, marital status, sexual orientation, gender identity, age, source of income, and occupation (Del. Laws 25 § 5116).
Credit Reports
Delaware landlords are subject to the federal Fair Credit Reporting Act (FCRA) (15 USC § 1681), which outlines the responsibilities of landlords to protect tenant credit information. According to the Act, landlords may not share tenant credit information with anyone without a legal reason to view it. They must also investigate disputed information, dispose of credit reports after use in tenant screening, and notify applicants when their credit score or history was the reason for their denial.
Criminal Histories
Are background checks illegal in Delaware rental housing? No – criminal background checks may be used during tenant screening in this state.
Delaware landlords should follow HUD recommendations for using criminal background checks fairly. This includes avoiding blanket policies for denying applicants with criminal convictions, assessing applicants and their criminal histories on a case-by-case basis, and only denying an applicant when they demonstrate a risk to the safety of other residents or the property.
Entry
Advanced Notice: 48 hours’ notice. This law does not apply when repairs are requested by the tenant (Del. Laws 25 § 5509(b)).
Permitted Times: Delaware landlords may only enter between 8:00 a.m. and 9:00 p.m. Acceptable reasons for entry include inspections, repairs, decorations, alterations, improvements, services, or showings (Del. Laws 25 § 5509(a-b)).
Emergency Entry: In case of an emergency, the landlord may enter without advanced notice or consent and at any times (Del. Laws 25 § 5509(b)).
Eviction Notices
Evictions are complex legal processes often poorly understood by both parties. Before pursuing eviction in Delaware, consider hiring an experienced real estate attorney and be sure to review the Delaware eviction process in more detail.
Unconditional Notice to Quit: Immediate. According to Delaware eviction laws, this notice applies when the tenant’s breach causes or threatens to cause irreparable harm to another person or their property. It also applies if the tenant is convicted of a class A misdemeanor or felony that threatens another person or property (Del. Laws 25 § 5513(b)).
Other Laws and Facts About Delaware
The median rent rate in Delaware is $1,610.
The median rent rate in Wilmington is $1,692.
Landlords in Delaware must keep receipts and records for all application fees for at least two years (Del. Laws 25 § 5514(d)).
2 thoughts on “Delaware Landlord Tenant Laws”
I am in the process of renting a house from a landlord. I have given the application fee. Also completed the application. My application was approved. At what point do I give the landlord the security deposit. Am I entitled to tour the house to see if I like it before I give him a security deposit and sign the lease.
What are the steps in order to rent a home. I have completed the Application. It has been approved. Is the next step to tour the house. Once a decision is made to rent the property do I give the security deposit and both parties sign the lease agreement.
I am in the process of renting a house from a landlord. I have given the application fee. Also completed the application. My application was approved. At what point do I give the landlord the security deposit.
Am I entitled to tour the house to see if I like it before I give him a security deposit and sign the lease.
What are the steps in order to rent a home. I have completed the Application. It has been approved. Is the next step to tour the house. Once a decision is made to rent the property do I give the security deposit and both parties sign the lease agreement.