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The content and templates provided by Landlord Studio are for general informational purposes only and do not constitute legal or professional advice. Laws vary by location and may change over time. For legal guidance, please consult a qualified attorney. Landlord Studio assumes no liability for any actions taken based on this information or the use of these templates.
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.
Delaware tenants are entitled to several fundamental rights, ensuring their safety and respect while residing in rental properties:
Tenants also have specific obligations to maintain a harmonious rental relationship:
Landlords in Delaware hold several key rights that facilitate the management of their rental properties:
Landlords are obligated to provide habitable living conditions and maintain their properties:
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))
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:
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.
Below is an overview of the amount of notice landlords in Delaware are required to give to tenants before raising rent.
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))
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))
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.
While Delaware law allows landlords significant flexibility in setting rental prices, there are important limitations:
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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 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.
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.
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.
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.
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.
A comprehensive rental application in Delaware should include:
Landlords must also provide certain disclosures to tenants before they sign a lease. These disclosures include:
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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.
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:
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))
Landlords in Delaware can deduct from the security deposit under specific circumstances:
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.
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.
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))
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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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.
Source: (Del. Code § 5106 - Del. Code § 5110)
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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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.
In Delaware, landlords need to give at least 60 days' written notice when ending a lease.
This notice must be delivered in writing and should specify the intent to terminate the lease, ensuring compliance with (Del. Code 25 § 5106).
Tenants may have valid reasons for early termination of their lease under Delaware law, which can include:
If such conditions persist after notifying the landlord, tenants may terminate their lease without further financial obligation.
Both landlords and tenants have specific responsibilities when it comes to lease termination:
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.
Landlords in Delaware can initiate eviction proceedings based on several legitimate grounds, including:
Before proceeding with an eviction, landlords must provide written notice according to Delaware law:
Failure to comply with these notices allows landlords to file for eviction in court.
Once the notice periods have expired without compliance from the tenant, landlords must follow these steps:
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.
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)
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))
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)
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)
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.
To successfully claim adverse possession in Delaware, the following conditions must be met:
Below, you’ll find some helpful Delaware landlord–tenant law resources:
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Last updated: July 2025