Delaware Landlord Tenant Laws

Contents

DISCLAIMER

This article provides general information and is not legal advice. For accuracy and specific guidance on landlord-tenant laws, consult an attorney before making any decisions or taking action.

Overview

DEPOSIT

There maximum security deposit in Delaware is equal to one month rent.
Landlords have 20 days to return deposits in Delaware with an itemized receipt of deductions.

RENT CONTROL

There is no rent control in Delaware.
Landlords must give 60 days' written notice before any rent increase.
Rent increases are expected to be reasonable and kept in line with market rates.

NOTICE OF ENTRY LAWS

Landlords are required to give at least 48 hours notice before entering an occupied property.
Required notice for entry is waived in the case of emergencies.

RE-KEYING LAWS

No statute.

RENTAL AGREEMENT

All rental agreements must in writing for leases of a year or longer.
It is always recommended to put lease agreements in writing to avoid legal disputes.

LATE FEES & GRACE PERIODS

Landlordsmay charge a late fee of up to 5% of the rent amount in Delaware.
There is a 5 day mandatory grace period in Delaware.

SMOKING LAWS

No statute.

PET LAWS

Landlords may request a separate pet deposit to cover damage caused by pets.

SECTION 1

1. Delaware Landlord-Tenant Rights and Responsibilities

Delaware's landlord-tenant laws, governed primarily by the Delaware Residential Landlord-Tenant Code, establish clear rights and responsibilities for both landlords and tenants.

Below is an overview of the key aspects of landlord-tenant rights and responsibilities in Delaware.

Tenant Rights and Responsibilities

Tenant Rights

Delaware tenants are entitled to several fundamental rights, ensuring their safety and respect while residing in rental properties:

Habitable Living Conditions: Tenants have the right to live in a rental unit that is safe, sanitary, and compliant with local housing codes. This includes functioning utilities such as heat, water, and electricity.
Protection Against Discrimination: Tenants cannot be discriminated against based on race, creed, color, national origin, sex, disability, familial status, or source of income.
Right to Request Repairs: Tenants can request necessary repairs from landlords. If repairs are not addressed within a reasonable timeframe—typically 15 days after written notice—tenants may have the right to terminate the lease or pursue other legal remedies.
Privacy Rights: Landlords must provide at least 48 hours' notice before entering a rental unit unless there is an emergency. This ensures tenants' rights to privacy and quiet enjoyment of their home.

Tenant Responsibilities

Tenants also have specific obligations to maintain a harmonious rental relationship:

Timely Rent Payments: Tenants must pay rent on time as stipulated in their lease agreement.
Unit Maintenance: Tenants are responsible for keeping their units clean and in good condition. This includes performing minor maintenance tasks and not causing disturbances to neighbors.
Compliance with Lease Terms: Tenants must adhere to all terms outlined in their lease agreements and local laws.

Landlord Rights and Responsibilities

Landlord Rights

Landlords in Delaware hold several key rights that facilitate the management of their rental properties:

Collecting Rent: Landlords have the right to collect rent on time and impose late fees not exceeding 5% of the rent amount after a five-day grace period.
Security Deposits: They can require a security deposit up to one month's rent for unfurnished units. This deposit must be returned within 20 days after the tenant vacates, along with an itemized statement of any deductions.
Eviction Rights: If tenants violate lease terms or fail to pay rent, landlords can initiate eviction proceedings after providing appropriate notice (typically five days for unpaid rent).

Landlord Responsibilities

Landlords are obligated to provide habitable living conditions and maintain their properties:

Maintenance of Rental Units: Landlords must ensure that rental units meet health and safety standards. They are required to make repairs within 12 days of receiving written notice from tenants about necessary fixes.
Providing Essential Services: Landlords must provide essential utilities such as heating, water, electricity, and sanitation services. Failure to do so can result in legal consequences.
Proper Notice Before Entry: As mentioned earlier, landlords must give tenants at least 48 hours' notice before entering the unit for maintenance or inspections unless it's an emergency situation.

Required Notices Before Entry

In Delaware, landlords are required to provide tenants with at least 48 hours' notice before entering a rental unit and shall enter only between 8:00 a.m. and 9:00 p.m.

This notice must specify the date, time, and purpose of the entry. The law allows landlords to enter without notice only in emergencies that threaten life or property, such as fires or severe plumbing issues. (Del. Code § 5509 (b))

Late Fee for Rent and Grace Periods in Delaware

Delaware law permits landlords to impose late fees on tenants who fail to pay rent on time. However, there are specific regulations governing these fees:

Maximum Late Fee: Landlords can charge a late fee of up to 5% of the monthly rent. (Del. Code § 5501 (d))
Grace Period: A grace period of five days is mandated before any late fee can be charged. If a landlord does not maintain an office in the county where the rental property is located, tenants are granted an additional three days before late fees are applicable. (Del. Code § 5501 (d))

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SECTION 2

2. Delaware Rent Increase Laws

Delaware does not impose state-wide rent control, meaning landlords are free to set rental prices based on market conditions without a mandated cap on increases. However, they must adhere to specific notification requirements as outlined in the Delaware Residential Landlord-Tenant Code.

Notice Required to Raise Rent in Delaware

Below is an overview of the amount of notice landlords in Delaware are required to give to tenants before raising rent.

Month-to-Month Leases

For month-to-month rental agreements, landlords are required to provide tenants with 60 days' written notice before any rent increase takes effect. This notice must be given prior to the end of the current lease period, allowing tenants adequate time to consider their options. (Del. Code § 5107 (a)(b))

Fixed-Term Leases

In the case of fixed-term leases, such as annual agreements, landlords cannot change the rent until the lease term expires. Any adjustments must be communicated at least 60 days before the end of the lease term if the lease is to be renewed. (Del. Code § 5107 (a)(b))

Manufactured Home Communities

For tenants residing in manufactured home communities, landlords must provide a 90-day notice prior to any rent increase. This extended notice period is designed to give tenants more time to prepare for potential financial changes.

Limitations to Delaware Rent Increase Laws

While Delaware law allows landlords significant flexibility in setting rental prices, there are important limitations:

Discrimination: Rent increases cannot be based on discriminatory practices against protected classes as defined by federal and state fair housing laws. This includes discrimination based on race, nationality, religion, sex, familial status, or disability.
Retaliation: Landlords are prohibited from increasing rent in retaliation against tenants who have exercised their legal rights, such as filing complaints regarding unsafe living conditions. If a tenant believes a rent increase is retaliatory, they can challenge it legally.
Excessive Increases: Although there is no specific cap on how much rent can be increased, landlords should ensure that increases are reasonable and justifiable based on market conditions and operational costs. For manufactured homes, any increase beyond the average rate of inflation requires justification under the Rent Justification process established by state law.

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SECTION 3

3. Delaware Rental Application Laws

Delaware's rental application laws encompass various regulations that landlords and tenants must navigate to ensure a fair and legal housing process.

Below is an overview of some of the key aspect of rental application laws in the state of Delaware.

Delaware Tenant Screening Laws: Overview

Delaware has specific tenant screening laws that landlords need to be aware of, whether they are new to property management or haven’t reviewed the regulations in some time.

One important aspect of these laws is the limit on application fees. In Delaware, landlords can charge a maximum of either 10% of one month’s rent or $50, whichever is greater. It’s also important to note that these application fees are non-refundable.

To ensure compliance and avoid legal issues, landlords in Delaware should stay informed about all state laws that impact their business.

Maximum Rental Application Fee Limit In Delaware

In Delaware, landlords are permitted to charge application fees to prospective tenants; however, these fees are capped at either $50 or 10% of one month's rent, whichever is greater. (Del. Code § 5514 (d)))

Importantly, these fees are non-refundable, meaning that if an application is denied, the tenant will not receive their fee back. This regulation is designed to protect tenants from excessive charges while allowing landlords to cover the costs associated with processing applications.

Fair Housing Laws in Delaware

While Delaware does not have specific state laws limiting housing discrimination beyond federal mandates, all landlords must comply with the Fair Housing Act (FHA). This federal law prohibits discrimination based on race, color, national origin, religion, sex, familial status, disability, and other protected classes.

Delaware's own laws further extend protections against discrimination based on sexual orientation, gender identity, and source of income. Landlords must apply their screening criteria consistently to avoid accusations of discrimination.

Notice of Eligibility in Delaware

Landlords are required to disclose the criteria used for tenant screening during the application process. This includes informing applicants of any factors that might lead to a denial. To ensure transparency, landlords must obtain written acknowledgment from applicants regarding their understanding of these criteria.

Consent for Credit Checks in Delaware

Under the Federal Credit Reporting Act (FCRA), landlords in Delaware must secure written consent from applicants before conducting credit checks. This requirement ensures that tenants are aware of and agree to the screening process. The consent should be clearly stated on the rental application form.

Essential Components of a Rental Application

A comprehensive rental application in Delaware should include:

Personal Information: Full name, contact information, and identification details.
Rental History: Previous addresses and references from former landlords.
Employment Details: Current employer information and job status.
Income Verification: Documentation proving financial stability.
Credit History Consent: Written permission for credit checks.
Personal References: Contacts who can attest to the applicant’s character.
Background Check Consent: Acknowledgment for conducting background checks

Important Disclosures

Landlords must also provide certain disclosures to tenants before they sign a lease. These disclosures include:

The property's condition and any known hazards.
Policies regarding shared utilities and security deposits.
Rent control regulations if applicable.
Smoking policies within the property.

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SECTION 4

4. Delaware Tenant Deposit Laws

Delaware's security deposit laws are designed to protect both tenants and landlords by establishing clear guidelines regarding the collection, management, and return of security deposits.

Maximum Security Deposit in Delaware?

Under Delaware law, landlords may not charge a security deposit exceeding one month's rent for rental agreements lasting one year or longer, including month-to-month tenancies that have lasted for at least one year. (Del. Code § 5514 (a)(2))

However, exceptions exist where landlords can require a higher deposit:

Furnished Rentals: If the rental unit is furnished, the landlord can charge more than one month's rent.
Federally-Assisted Housing: Certain federally-assisted housing arrangements may allow for a higher deposit.

Are Pet Deposits Allowed In Delaware?

Landlords may impose a separate pet deposit; however, this amount combined with the security deposit cannot exceed one month's rent.

Importantly, tenants with service animals are exempt from paying this additional fee but remain liable for any damages caused by their service animal. (Del. Code § 5514 (i))

What Can Landlords Deduct From The Security Deposit in Delaware?

Landlords in Delaware can deduct from the security deposit under specific circumstances:

Unpaid Rent: Any rent owed at the time of move-out can be deducted. (Del. Code § 5514 (c)(2))
Damages Beyond Normal Wear and Tear: Costs associated with repairing damages that exceed normal wear and tear are permissible deductions. Examples include significant wall damage or broken appliances. (Del. Code § 5514 (c)(1))
Early Termination Costs: If a tenant terminates their lease early, landlords may deduct costs related to re-renting the unit or any renovations required. (Del. Code § 5514 (c)(3))

However, landlords cannot deduct for normal wear and tear or routine maintenance tasks such as cleaning or yard work. Additionally, pre-existing damages documented during move-in inspections cannot be charged against the tenant's deposit.

How Must Landlords Hold Security Deposits In Delaware?

Delaware law mandates that security deposits must be held in an escrow account at a federally insured financial institution within the state. This account must be separate from the landlord's personal funds. (Del. Code § 5514 (b))

If a tenant requests in writing the location of their security deposit, the landlord must respond within 20 days. Failure to do so results in forfeiture of the right to retain the deposit, requiring the landlord to refund double the amount to the tenant within 20 days.

How Long Do Landlords Have To Return Security Deposits In Delaware?

Landlords are required to return any unused portion of a tenant's security deposit within 20 days after the tenant vacates. If deductions are made, landlords must provide an itemized list detailing each deduction along with its corresponding cost. (Del. Code § 5514 (f))

Tenants have the right to contest these deductions by providing written notice within 10 days of receiving the itemized list.

Additionally, if a landlord fails to return the security deposit or provide an itemized list within this timeframe, they may be liable for double the amount wrongfully withheld. (Del. Code § 5514 (g)(1))

Do Landlords Need To Pay Interest on Security Deposits In Delaware?

Unlike some jurisdictions, Delaware does not require landlords to pay interest on security deposits held during a tenancy. This means that tenants will not earn interest on their deposits while they are held by the landlord.

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SECTION 5

5. Delaware Leasing Agreements

A rental agreement, commonly referred to as a lease, is a legally binding document in Delaware that establishes the terms and conditions between a landlord and tenant for the rental of a property.

Key Components of a Delaware Lease Agreement

Identification of Parties: A lease must clearly identify all parties involved, including the full names and contact information of both the landlord and tenant. This identification is vital for accountability regarding the lease terms and helps prevent disputes related to responsibilities under the agreement.
Property Description: The lease should provide a comprehensive description of the rental property, including its address and any required disclosures. For example, properties built before 1978 must include lead-based paint warnings as mandated by federal law. This transparency helps tenants understand what they are renting and ensures compliance with safety regulations.
Lease Duration: Delaware law allows for both fixed-term leases (typically lasting one year) and month-to-month agreements. The lease should specify its duration, including any options for renewal. If no term is expressly provided, Delaware law presumes the agreement to be month-to-month, which can offer flexibility for both landlords and tenants.
Rent and Security Deposit: The lease must clearly state the rent amount, payment due dates, and acceptable payment methods. In Delaware, security deposits are limited to one month's rent for annual leases; however, for month-to-month agreements, there is no maximum until the tenancy has reached one year. Security deposits must be returned within 20 days after the lease ends unless deductions are necessary, in which case an itemized list of deductions must be provided.
Maintenance Responsibilities: The lease should outline maintenance obligations for both parties. Landlords are responsible for maintaining a habitable property, while tenants must keep the premises clean and report any repair needs promptly. Clear delineation of these responsibilities can help prevent misunderstandings during tenancy.
Utilities and Services: It is crucial to specify which utilities are included in the rent and which are the tenant's responsibility. This clarity helps avoid disputes over utility payments and ensures both parties understand their obligations regarding service provision.
Termination and Renewal Conditions: The lease must detail conditions for termination, including notice requirements (at least 60 days for landlords) and renewal options. Tenants should be informed of their rights regarding early termination to avoid potential legal conflicts.
Additional Clauses: Including specific provisions can cater to unique needs such as rent increases or subletting policies. Landlords may wish to consult legal counsel when drafting these clauses to ensure compliance with Delaware law.

Source: (Del. Code § 5106 - Del. Code § 5110)

Legal Considerations

Delaware law requires that all rental agreements be in writing to be enforceable if they exceed one year. Additionally, landlords must adhere to local regulations regarding discrimination in housing practices, ensuring all tenants are treated fairly regardless of race, gender, or other protected characteristics.

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SECTION 6

6. Delaware Laws Around Breaking a Lease

Premature termination of a lease entails ending a rental agreement before its agreed-upon expiration, affecting both tenants and landlords. Understanding the legal framework surrounding this process is essential to avoid disputes and ensure compliance with Delaware law.

Notice Requirements To End a Lease In Delaware

In Delaware, landlords need to give at least 60 days' written notice when ending a lease.

For all leases other than month-to-month leases the landlord may terminate any rental agreement by giving a minimum of 60 days' written notice to the tenant prior to the expiration of the term of the rental agreement.
For month-to-month leases, the landlord or tenant may terminate the rental agreement by giving a 60 days' written notice, as well. The 60-day period shall begin on the first day of the month following the day of actual notice.

This notice must be delivered in writing and should specify the intent to terminate the lease, ensuring compliance with (Del. Code 25 § 5106).

Legal Grounds for Breaking a Lease

Tenants may have valid reasons for early termination of their lease under Delaware law, which can include:

Domestic Violence: Victims of domestic or sexual violence can terminate their lease without penalty, recognizing the need for safety and alternative housing arrangements. Documentation of the situation is crucial when notifying the landlord.
Uninhabitable Living Conditions: Tenants have the right to terminate their lease if the rental property is deemed uninhabitable due to health or safety hazards. Common issues that may qualify include:some text
- Mold infestations
- Pest problems
- Non-functioning heating or cooling systems
- Structural defects

If such conditions persist after notifying the landlord, tenants may terminate their lease without further financial obligation.

Active Military Duty: Under the Servicemembers Civil Relief Act (SCRA), military personnel called to active duty can terminate their leases without penalties. They must provide appropriate documentation of their orders to the landlord.
Early Termination Clause: Many leases include an early termination clause that outlines specific conditions under which a tenant can end the lease early, including required notice periods and potential fees. Both parties should review these clauses carefully before proceeding with termination.

Tenant and Landlord Obligations

Both landlords and tenants have specific responsibilities when it comes to lease termination:

For Tenants: It is vital to provide proper documentation supporting their reason for early termination, especially in cases involving domestic violence or uninhabitable conditions. Communication with the landlord should be documented in writing.
For Landlords: They must honor valid requests for early termination and follow the legal requirements for notice periods as outlined in Delaware law. Failure to comply with these obligations may expose landlords to legal challenges.

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SECTION 7

7. Delaware Eviction Process and Law

In Delaware, the eviction process is structured to ensure that both landlords and tenants are treated fairly under the law. Governed by the Delaware Landlord-Tenant Code, these regulations outline the necessary procedures and grounds for eviction, emphasizing the importance of due process.

Grounds for Eviction in Delaware

Landlords in Delaware can initiate eviction proceedings based on several legitimate grounds, including:

Nonpayment of Rent: If a tenant fails to pay rent by the due date, landlords must issue a 5-Day Notice to Pay or Quit. This notice informs tenants that they have five days to pay the overdue rent or face eviction proceedings. If payment is made within this timeframe, the eviction process cannot continue.
Lease Violations: Tenants may also be evicted for violating terms of their lease agreement. Common violations include unauthorized pets, excessive noise, or property damage. In such cases, landlords must provide a 7-Day Notice to Cure, allowing tenants seven days to rectify the violation before further legal action is taken.
Illegal Activities: Engaging in illegal activities on the premises, such as drug-related offenses, can lead to immediate eviction without any opportunity for correction.
Holding Over: If a tenant remains in the property after their lease has expired without permission from the landlord, they may be subject to eviction proceedings.
Criminal Activity: A conviction for certain crimes (e.g., Class A misdemeanors or felonies) during the tenancy that threatens people or property can also justify eviction.

Delaware Eviction Notice

Before proceeding with an eviction, landlords must provide written notice according to Delaware law:

5-Day Notice for Nonpayment of Rent: This notice must clearly state the amount owed and inform the tenant of their right to pay within five days to avoid eviction. (Del. Code 25 § 5502 (a))
7-Day Notice for Lease Violations: This notice details the specific violation and gives tenants seven days to correct it. (Del. Code 25 § 5513 (a))

Failure to comply with these notices allows landlords to file for eviction in court.

Delaware Eviction Process

Once the notice periods have expired without compliance from the tenant, landlords must follow these steps:

Filing an Eviction Lawsuit: Landlords initiate a legal action known as a Summary Possession Action by filing a complaint in the appropriate Delaware court (Justice of the Peace Court). This step is crucial as landlords cannot evict tenants without court approval.
Serving Legal Documents: After filing, landlords must serve tenants with a summons and complaint, ensuring they are informed about the lawsuit and have an opportunity to respond.
Court Hearing: Both parties will attend a court hearing where they can present their cases. The judge will then issue a ruling based on the evidence presented.
Writ of Possession: If the court rules in favor of the landlord, they will receive a Writ of Possession, which authorizes law enforcement to carry out the eviction if necessary.
Eviction Execution: Law enforcement will post a notice giving tenants typically 24 hours to vacate before enforcing the eviction.

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SECTION 8

8. Delaware HOA Laws

Homeowners associations (HOAs) in Delaware are governed by a comprehensive legal framework designed to regulate their formation, management, and operational activities. Both landlords and tenants must understand these laws to ensure compliance and protect their respective rights.

Below is an overview of the key laws and regulations applicable to HOAs in Delaware.

Delaware Unit Property Act

The Delaware Unit Property Act, codified in Chapter 22 of Title 25 of the Delaware Code, governs the establishment and administration of condominium communities formed before September 30, 2009.

Associations that choose to operate under this act must record a declaration indicating their intent to comply with its provisions. This act outlines the powers, responsibilities, and management structures of condominium associations, ensuring clarity in governance for unit owners. (Delaware Unit Property Act)

Delaware Uniform Common Interest Ownership Act (DUCIOA)

The Delaware Uniform Common Interest Ownership Act (DUCIOA), found in Chapter 81 of Title 25 of the Delaware Code, applies to all common interest communities established after September 30, 2009, unless specifically exempted.

This law provides a robust framework for the governance of various types of shared-interest communities, including planned communities, cooperatives, and condominiums. Key provisions include requirements for recorded bylaws, rules adoption consistent with those bylaws, and annual budget preparation that must be communicated to all unit owners.

For communities established before the DUCIOA's enactment, certain sections may still apply to events occurring after September 30, 2009. Thus, it is essential for existing associations to evaluate their compliance with both the Unit Property Act and DUCIOA based on their formation date. (Delaware Uniform Common Interest Ownership Act (DUCIOA))

Delaware Fair Housing Act

The Delaware Fair Housing Act, codified in Chapter 46 of Title 6 of the Delaware Code, prohibits discrimination in housing based on various factors such as race, gender identity, marital status, religion, disability, and more. This state-level legislation complements federal fair housing laws and is enforced by the Delaware Division of Human Relations.

HOAs must ensure that their policies and practices comply with this act to avoid legal repercussions and promote equitable treatment within their communities. (Delaware Fair Housing Act)

Delaware Uniform Unincorporated Nonprofit Association Act

Most HOAs in Delaware operate as nonprofit entities governed by the Delaware Uniform Unincorporated Nonprofit Association Act (Title 6, Chapter 19). This act outlines the corporate structure and operational practices for nonprofit associations. (Delaware Uniform Unincorporated Nonprofit Association Act)

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SECTION 9

9. Delaware Squatters Rights Laws

Adverse possession in Delaware is governed by specific legal standards that must be satisfied for an individual, often referred to as a squatter, to claim ownership of a property. The primary statute outlining these requirements is found in Delaware Code Title 10, Section 7901.

Below is an overview of the key requirements and considerations around adverse possession in Delaware.

Requirements to Make an Adverse Possession Claim

To successfully claim adverse possession in Delaware, the following conditions must be met:

Continuous Possession for 20 Years: An individual must occupy and utilize the property continuously for at least 20 years. This means there should be no significant interruptions or abandonment during this period.
Open and Notorious Use: The occupation must be visible and obvious, providing reasonable notice to the legal owner that someone is occupying the property. Activities such as living on the land or engaging in farming or gardening can demonstrate this open use.
Exclusive Possession: The squatter must possess and use the entire property without sharing it with others, including the original owner. This exclusivity is crucial; any shared use can undermine the claim.
Hostile Claim: The possession must be without permission from the rightful owner. This does not imply hostility in a personal sense but rather indicates that the occupation is against the interests of the true owner.
Payment of Property Taxes: While Delaware law does not strictly require payment of property taxes for an adverse possession claim, doing so can strengthen the case. Keeping receipts as proof of payment is advisable.