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Delaware Rental Application

A Delaware rental application is a document completed by prospective tenants seeking to lease a property. This standardized form collects essential information from applicants, including personal details, rental history, employment history, and references. It often includes a request for consent to conduct a credit check and may require a non-refundable application fee.

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Delaware Rental Application

Delaware Rental Application

Delaware Rental Application Laws

Application Fee

In Delaware, the maximum application fee that a landlord may charge is capped at 10% of the monthly rent or $50, whichever amount is greater. If a landlord charges more than the legal limit, the tenant is entitled to receive double the excess amount as damages. Landlords are required to provide an itemized receipt for the application fee and must maintain records of all fees collected for a minimum of two years.

Security Deposit

Landlords in Delaware cannot require a security deposit that exceeds one month’s rent. This limit applies to lease agreements of one year or more, as well as to month-to-month tenancies that have lasted over one year. However, this regulation does not apply to furnished rental units.

Pet Deposits

Landlords may request a pet deposit to cover any damages caused by the tenant’s pets. Similar to security deposits, pet deposits cannot exceed one month’s rent. If the pet deposit does not cover the damages incurred, landlords may deduct the excess from the security deposit. Notably, landlords cannot require a pet deposit from tenants who have trained and certified support animals.

Fair Housing Protections

Under both federal and Delaware state law, it is unlawful for landlords to discriminate against potential tenants based on various characteristics. These include race, color, national origin, religion, sex (including sexual orientation and gender identity), familial status, disability, age, marital status, and source of income. While there are exceptions for certain types of housing, such as senior housing, local regulations may still apply.

Process to Evaluate a Delaware Rental Application

Landlords typically follow a systematic process to evaluate rental applications, which includes the following steps:

  1. Verify Credit: Obtain a credit report with the tenant’s consent, usually requiring a minimum score of 600-650.
  2. Verify Income: Confirm the tenant’s employment status and income through recent pay stubs or by contacting the employer.
  3. Check Rental History: Contact previous landlords to assess the tenant’s rental behavior and reliability.
  4. Check Eviction History: Verify any past evictions, typically covering the last seven years.
  5. Check Criminal History: Confirm any disclosed criminal history, including checks against relevant databases.
  6. Provide a Response: Approve the application if suitable or issue an adverse action notice if the application is rejected.

Adverse Action Notice

When a landlord takes an adverse action based on a credit report, they are required to provide an adverse action notice to the applicant. This notice must include:

  • A statement indicating that the adverse action was based on information from a consumer credit report.
  • Details of the consumer reporting agency used.
  • A declaration that the landlord made the decision, not the agency.
  • Information regarding the applicant’s right to obtain a copy of the consumer credit report.
  • Information about the applicant’s right to dispute the report within 60 calendar days.

While not legally mandated, it is advisable for landlords to explain the reasons for the adverse action to maintain a comprehensive written record.

Statutes

FAQs

In Delaware, the maximum application fee a landlord can charge is 10% of the monthly rent or $50, whichever is greater. This fee is non-refundable and must be accompanied by an itemized receipt.

Landlords in Delaware cannot charge a security deposit that exceeds one month’s rent for most residential leases. However, there are no caps for furnished units or lease terms under one year.

An adverse action notice must include that the landlord took action based on information from a consumer credit report, details of the reporting agency, and the applicant’s right to obtain a copy of the report and dispute it within 60 days.

If a landlord charges more than the legal application fee, the tenant can seek double the amount charged as damages. The tenant should document the fee charged and may need to pursue legal action to recover the excess amount.

Under the Federal Fair Housing Act, landlords cannot ask for information regarding race, color, national origin, religion, sex, familial status, or disability. Delaware law also prohibits discrimination based on age, marital status, and source of income.

Landlords can check a potential tenant’s eviction history by visiting CourtConnect, where they can search by the person’s name. This public record check typically covers the past seven years.

Yes, landlords in Delaware can require a pet deposit, which cannot exceed one month’s rent. However, they cannot charge a pet deposit for certified support animals.

After receiving a rental application, landlords should verify the applicant’s credit, income, rental history, eviction history, and criminal history. They should then provide a response, either approving the application or issuing an adverse action notice if rejected.