Delaware Landlord Tenant Laws
Both Landlords and Tenants need to be up to date with the rights and responsibilities of each party.
Maximum – Security deposits are limited to one month’s rent for yearly agreements and have no cap for month-to-month leases (Tenancy at Will).
Returns – The landlord is required to return the funds in full within twenty (20) days. The landlord must submit an itemized statement of deductions and the refunded amount. The statement must indicate the nature and amount of each deduction.
Source: § 5514
Lead-Based Paint Disclosure Form – For residential dwellings built before 1978, it is important to disclose any prior use of lead-based paint on the property.
Summary of the Delaware Residential Landlord-Tenant Code – Landlords must provide new tenants with a copy of the “Summary of the Delaware Residential Landlord-Tenant Code” as disseminated by the Delaware Attorney General’s Consumer Protection Unit.
Owner Disclosure Form – According to Title 25 § 5105, landlords must disclose the property owners’ details in the lease agreement.
Source: § 5118
Grace Period – Five days.
Maximum – Up to 5% of one month’s rent.
NSF Fee – Max $40 per check.
Source: § 5501
Entry to the Rental Property
The Tenant must receive a notice at least 48 hours before the Landlord enters the premises.
Source: § 5509
Delaware Standard Rental Lease Agreement Template Preview