Delaware

Delaware Landlord Tenant Key Rules

Official Delaware Forms:

 

Security Deposit

TOPIC	RULE
Security Deposit Maximum:	1x monthly rent where the tenancy is a minimum of 1 year. If the unit is furnished, then the aforementioned does not apply. Del. Code tit. 25 § 5514(a)
Security Deposit Interest:	No statute
Separate Security Deposit Bank Account:	Yes Del. Code tit. 25 § 5514(b)
Non-refundable fees:	Not allowed unless it’s an optional service fee for actual services rendered such as amenity fee. Del. Code tit. 25 § 5311
Pet Deposits and Additional Fees:	1x monthly rent maximum. If pet causes damage, pet deposit must be used first and remaining amount can be deducted from security deposit. If the pet is a trained support animal for a disabled person living in the unit the aforementioned does not apply. Del. Code tit. 25 § 5514(i)
Deadline for Returning Security Deposit:	Within 20 days of the lease terminating Del. Code tit. 25 § 5514(e)
Permitted Uses of the Deposit:	Damages caused to premises beyond normal wear and tear. Rent owed and any late fees. To cover reasonable expenses due to renovations and rerenting due to tenant’s noncompliance with agreement terms. Del. Code tit. 25 § 5514(c)
Security Deposit can be Withheld:	Yes Del. Code tit. 25 § 5514(f)
Require Written Description/Itemized List of Damages and Charges:	Yes Del. Code tit. 25 § 5514(f)
Receipt of Security Deposit:	No statute
Record Keeping of Deposit Withholdings:	No statute specifies keeping records of the withholdings. Refer to Del. Code tit. 25 § 5514(f) regarding what must be provided when withholding an amount.
Failure to Comply:	Failure by the landlord to return deposit entitles tenant to double the amount. Failure by tenant to provide last known address relieve’s landlord’s liability for the double the amount. Del. Code tit. 25 § 5514(g)(h)

Lease, Rent & Fees:

TOPIC	RULE
Rent is Due:	As defined in the terms of the rental agreement. Periodic rent is due at the beginning of one month’s term or less. Del. Code tit. 25 § 5501(b)
Payment Methods:	No statute but common methods are electronic transfers, cash, check, etc. If the landlord takes cash payment they are required to provide a receipt to tenant within 15 days. Del. Code tit. 25 § 5501(e)
Rent Increase Notice:	60-day notice is required for any amendments to the rental agreement. Del. Code tit. 25 § 5107(a)
Late Fees:	Late fee shall not exceed 5% of monthly rent. Del. Code tit. 25 § 5501(d)
Application Fees:	Cannot exceed 10% of monthly rent or $50 for manufactured homes. Del. Code tit. 25 § 5501(d)
Prepaid Rent:	No statute specifying prepaid rent. Refer to Del. Code tit. 25 § 5514(a) for security deposit guidelines.
Returned Check Fees:	$50 for the first instance within 1 year. For subsequent instances 3x the amount of dishonored check not exceeding $250. Del. Code tit. 6 § 1301A(a)
Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.):	Yes. Tenant must provide the landlord with written notice of failure and keep 2/3 per diem of the rent. Del. Code tit. 25 § 5308
Tenant Allowed to Repair and Deduct Rent:	Yes. Tenant must provide the landlord with written notice of failure and may deduct from the rent up to $400 or 1/2 of monthly rent (whichever is less). Del. Code tit. 25 § 5307
Self-Help Evictions:	Not allowed. Tenant may recover treble of the damages sustained or 3x per diem (whichever is greater) + cost of suit. Del. Code tit. 25 § 5313
Landlord Allowed to Recover Court and Attorney’s Fees:	Not allowed. Del. Code tit. 25 § 5111
Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Re-rent:	Yes Del. Code tit. 25 § 5507

Notices and Entry:

TOPIC	RULE
Notice to Terminate Tenancy:	60-day notice Del. Code tit. 25 § 5106
Notice to Terminate a Periodic Lease – Week-to-week:	No statute
Notice to Terminate a Periodic Lease – Month-to-Month:	60-day notice Del. Code tit. 25 § 5106(d)
Notice to Terminate Lease due to Sale of Property:	No specific statute. New owner assumes lease, and if they wish to terminate they must adhere to Del. Code tit. 25 § 5106.
Notice of date/time of Move-Out Inspection:	No statute
Notice of Termination for Nonpayment:	5-day notice Del. Code tit. 25 § 5502(a)
Notice for Lease Violation:	7-day notice to remedy or quit Del. Code tit. 25 § 5513(a)
Required Notice before Entry:	48-hour notice Del. Code tit. 25 § 5509(b)
Entry Allowed with Notice for Maintenance and Repairs:	Yes Del. Code tit. 25 § 5509(b)
Emergency Entry Allowed without Notice:	Yes Del. Code tit. 25 § 5509(b)
Entry Allowed During Tenant’s Extended Absence:	Yes Del. Code tit. 25 § 5507(b)
Entry Allowed with Notice for Showing the Property:	Yes Del. Code tit. 25 § 5509(a)
Notice to Tenants for Pesticide Use:	No statute
Lockouts Allowed:	Not allowed. Tenant may recover treble of the damages sustained or 3x per diem (whichever is greater) + cost of suit Del. Code tit. 25 § 5313
Utility Shut-offs Allowed:	No Del. Code tit. 25 § 5312(e)
Electronic Notices Allowed:	No statute

Disclosures

• Name and Addresses: Landlord must disclose the name and address of the property owner and agent. (Del. Code tit. 25, § 5105)
• Copy of the Lease: Tenant must receive a copy of the lease. (Del. Code tit. 25, § 5105(e))
• Domestic Violence Situations: Victims may terminate the lease early with 30 days’ notice and legal documentation. (Del. Code tit. 25, § 5314)

Duties

Landlord’s Duties

• Compliance: Must comply with building and housing codes materially affecting health and safety. (Del. Code tit. 25, § 5305)
• Repairs: Must make necessary repairs to maintain habitable premises. (Del. Code tit. 25, § 5305)
• Common Areas: Keep all common areas clean and safe. (Del. Code tit. 25, § 5305)
• Maintenance: Maintain in good and safe working order all supplied electrical, plumbing, sanitary, heating, and appliances. (Del. Code tit. 25, § 5305)
• Garbage: Provide and maintain appropriate receptacles for waste removal. (Del. Code tit. 25, § 5305)

Tenant’s Duties

• Cleanliness: Maintain the dwelling unit in a clean and safe condition. (Del. Code tit. 25, § 5503)
• Trash: Dispose of garbage and waste in a clean and safe manner. (Del. Code tit. 25, § 5503)
• Plumbing: Keep plumbing fixtures clean. (Del. Code tit. 25, § 5503)
• Appliances: Use appliances and systems reasonably. (Del. Code tit. 25, § 5503)
• Damage: Do not damage or permit damage to the premises. (Del. Code tit. 25, § 5503)
• Quiet Enjoyment: Avoid behavior that disturbs neighbors. (Del. Code tit. 25, § 5503)
• Subleasing: Only with landlord’s permission. (Del. Code tit. 25, § 5508)
• Retaliation: Landlord retaliation for legal tenant activity is prohibited. (Del. Code tit. 25, § 5516)
• Lead Disclosure: Required for pre-1978 housing under federal law.