Delaware landlord-tenant law.

What are the security deposit rules in Delaware?

Deposit limit. 1 month's rent max once a lease is for 1 year or more, or once a month to month or undefined term tenancy has run 1 year (uncapped before that point); furnished units are exempt from the cap; a surety bond used instead of or alongside a deposit is likewise capped so the combined total stays at 1 month's rent (25 Del. C. § 5514)

Getting it back. Return the deposit, or an itemized list of damages and estimated repair costs plus any refund owed, within 20 days after the rental agreement ends. Failing to return money owed on time makes the landlord liable for double the amount wrongfully withheld (25 Del. C. § 5514).

How much can a landlord charge in late fees in Delaware?

Late charge capped at 5 percent of the monthly rent and cannot be imposed until at least 5 days after the rent due date (25 Del. C. § 5501(d)).

How much notice is required to end a tenancy in Delaware?

Nonpayment of rent. Landlord must give written notice demanding the rent and warning that the lease will end if it stays unpaid, allowing at least 5 days from when the notice is given or sent before filing for summary possession; paying everything owed before the landlord actually files stops the eviction (25 Del. C. § 5502).

Month-to-month termination. Either landlord or tenant may end a month to month tenancy with at least 60 days' written notice, running from the first day of the month after the notice is given. A fixed lease of 1 year or more needs the same 60 days' notice before the term ends if either side does not want it to continue (25 Del. C. § 5106).

When can a landlord enter a rental in Delaware?

Landlord must give at least 48 hours' notice and may enter only between 8:00 a.m. and 9:00 p.m., for inspection, repairs, agreed services, or showing the unit to a prospective purchaser or tenant, except for tenant requested repairs or emergencies, which need no notice (25 Del. C. § 5509).

What must landlords disclose to tenants in Delaware?

• Federal lead-based paint disclosure for units built before 1978 (42 U.S.C. § 4852d)
• Names and business addresses of the unit's owner or owners, or their appointed resident agent, disclosed prominently on every written rental agreement (25 Del. C. § 5105)
• If an adjacent unit is currently infested with or being treated for bed bugs, that must be disclosed to a prospective tenant before signing, and affected tenants must be told of a pest professional's findings within 120 hours (25 Del. C. § 5317)

Which lease clauses are unenforceable in Delaware?

• Waiver of tenant rights or remedies under the Landlord Tenant Code
• Confession of judgment clauses (25 Del. C. §§ 5301, 5121)
• Exculpatory or indemnification clauses limiting the landlord's liability
• Attorney's fee shifting clauses, which are void entirely rather than just capped, nonrefundable move in fees beyond actual optional services, and any clause requiring a tenant to declaw a cat (25 Del. C. §§ 5111, 5311, 5301)

Notes for landlords

Delaware's deposit cap is unusual: a fixed lease of a year or more is capped at 1 month's rent from day one, but a month to month or short lease has no cap until the tenancy itself has actually run a full year, after which anything over 1 month's rent must be credited back to the tenant. The 60 day notice to end a month to month tenancy is much longer than the 30 days common in most states, and applies equally whichever side is ending it.

Sources

• https://delcode.delaware.gov/title25/c055/index.html
• https://delcode.delaware.gov/title25/c051/sc01/index.html
• https://delcode.delaware.gov/title25/c053/index.html
• https://delcode.delaware.gov/title25/index.html

Related guides: how to collect rent online and property management software for Section 8 landlords.