Delaware Residential Lease Agreement

Important Information for Delaware Landlords

Delaware Rental Law Highlights

Security Deposits (25 Del. C. § 5514)

• Maximum Amount: No statutory limit (market determines)
• Return Timeline: 20 days after tenant vacates (25 Del. C. § 5514)
• Itemized Statement: Required if any deductions are made (25 Del. C. § 5514)
• Interest Required: No statutory requirement to pay interest
• Move-In Inspection: Strongly recommended to document condition
• Normal Wear and Tear: Cannot deduct for ordinary deterioration
• Penalties: Double the wrongfully withheld amount if landlord acts in bad faith

Rent and Rent Increases (25 Del. C. § 5501, 5106)

• Grace Period: Mandatory 5-day grace period before late fees apply (25 Del. C. § 5501(d))
• Late Fees: Maximum 5% of rent after 5-day grace period (25 Del. C. § 5501(d))
• Rent Increase Notice: 60 days for month-to-month tenancies (25 Del. C. § 5106)
• Fixed Term: Cannot increase rent during lease term unless specified
• No Rent Control: Delaware does not have rent control laws

Required Disclosures (25 Del. C. § 5305)

• Lead paint disclosure (pre-1978 properties) – Federal requirement
• Landlord’s name and address (25 Del. C. § 5305(a))
• Summary of Landlord-Tenant Code (25 Del. C. § 5118)
• Move-in condition documentation (recommended)
• Smoke detector information

Eviction and Termination (25 Del. C. § 5513, 5106)

• 5-Day Notice: For nonpayment of rent (25 Del. C. § 5513(a))
• 7-Day Notice: For lease violations (25 Del. C. § 5513(b))
• 60-Day Notice: To terminate month-to-month tenancy (25 Del. C. § 5106)
• Court Process Required: Must file Summary Possession action in Justice of the Peace Court
• No Self-Help: Lockouts and utility shutoffs are illegal (25 Del. C. § 5507)

Landlord Obligations (25 Del. C. § 5303)

• Habitability: Must maintain premises in fit and habitable condition (25 Del. C. § 5303)
• Essential Services: Heat, water, hot water must be functional
• Compliance: Must comply with applicable building and housing codes
• Structural Integrity: Maintain in safe and weathertight condition
• Smoke Detectors: Required in all dwelling units
• Common Areas: Keep clean and in good repair
• Repairs: Must make necessary repairs within reasonable time

Entry Requirements (25 Del. C. § 5509)

• Notice Required: 2 days advance notice required (25 Del. C. § 5509)
• Reasonable Times: Entry during reasonable hours only
• Emergency Exception: May enter without notice in emergency
• Permitted Purposes: Inspection, repairs, showing to buyers/tenants
• Court Order: May enter pursuant to court order

Tenant Rights and Protections

• Quiet Enjoyment: Right to peaceful possession without interference
• Privacy Rights: Right to 2 days notice before entry (25 Del. C. § 5509)
• Security Deposit Protection: Double wrongfully withheld amount as penalty
• Retaliation: Landlord cannot retaliate for complaints (25 Del. C. § 5516)
• Summary of Rights: Must receive summary of Landlord-Tenant Code (25 Del. C. § 5118)
• Military Service: SCRA protections for active duty members

Delaware-Specific Considerations

Security Deposit Return Timeline (25 Del. C. § 5514)

• 20 days to return deposit after tenant vacates (one of the shortest in the nation)
• Must provide itemized statement if deductions made
• Double the wrongfully withheld amount as penalty for bad faith
• No statutory maximum on deposit amount
• Must mail to tenant’s last known address

Late Fee Limitations (25 Del. C. § 5501(d))

• Mandatory 5-day grace period before late fees can be assessed
• Maximum late fee is 5% of rent after grace period
• Late fees cannot exceed 5% even if multiple months overdue
• Lease provisions imposing higher fees are void
• One of the strictest late fee limitations in the nation

60-Day Notice for Termination (25 Del. C. § 5106)

• 60 days notice required to terminate month-to-month tenancy (longer than most states)
• Applies to both landlord and tenant
• Notice must be in writing
• Counted from next rent payment date

Eviction Notice Periods (25 Del. C. § 5513)

• 5 days for nonpayment of rent
• 7 days for lease violations
• Must follow proper notice procedures
• Summary Possession proceeding in Justice of the Peace Court
• Sheriff’s writ required to physically remove tenant

Summary of Landlord-Tenant Code (25 Del. C. § 5118)

• Landlords must provide tenants with summary of their rights under Delaware law
• Summary must be provided at lease signing
• Outlines key tenant rights and landlord obligations
• Available from Delaware Attorney General’s office
• Failure to provide can impact eviction proceedings

Two-Day Entry Notice (25 Del. C. § 5509)

• Landlord must give 2 days advance notice before entry
• Notice can be in person or by other reasonable method
• Entry must be at reasonable times
• Emergency entry allowed without notice
• For inspections, repairs, or showing property

Retaliation Protection (25 Del. C. § 5516)

• Landlord cannot retaliate against tenant for:
• Complaining about housing code violations
• Complaining to landlord about repairs
• Joining or organizing tenant organizations
• Exercising legal rights under lease or law

Smoke Detector Requirements

• Smoke detectors required in all dwelling units
• Landlord responsible for installation and ensuring functionality at move-in
• Tenant responsible for battery replacement
• Tenant must notify landlord immediately of defects
• Carbon monoxide detectors required in certain circumstances

Fair Housing Requirements

Best Practices for Delaware Landlords

• Use comprehensive written leases for all tenancies
• Conduct thorough move-in and move-out inspections with photos
• Document property condition at move-in and move-out
• Return deposits within 20 days with itemization if deducting (required)
• Provide summary of Delaware Landlord-Tenant Code (required)
• Disclose landlord’s name and address in lease (required)
• Observe 5-day grace period before assessing late fees (required)
• Limit late fees to 5% of rent (required)
• Provide 2 days notice before entering property (required)
• Give 60 days notice to terminate month-to-month tenancy (required)
• Keep detailed records of all transactions and communications
• Respond promptly to repair requests
• Maintain property to comply with housing codes
• Install and maintain working smoke detectors
• Never use self-help eviction methods
• Follow proper court procedures for evictions (Summary Possession)
• Do not retaliate against tenants for exercising legal rights
• Consider landlord insurance with loss of rent coverage

Delaware Climate Considerations

• Four Seasons: Cold winters, hot humid summers require working HVAC
• Coastal Areas: Hurricane preparedness, flooding concerns
• Humidity: Address moisture and mold concerns
• Winter Weather: Snow removal, ice control, heating system maintenance
• Insulation: Important for energy efficiency

Wilmington and Urban Area Considerations

• Local Ordinances: Additional requirements in Wilmington and other municipalities
• Rental Registration: Some cities require landlord registration
• Certificate of Occupancy: May be required in some jurisdictions
• Lead Paint: Prevalent in older housing stock; proper disclosure critical
• Rental Inspections: Some municipalities require periodic inspections

Beach and Resort Areas

• Seasonal Rentals: Different rules may apply for short-term rentals
• Beach Property: Specific provisions for coastal properties
• Tourism: Higher turnover, more frequent inspections needed
• Off-Season: Consider winterization for vacant properties

Resources

• Delaware Code – Title 25, Chapter 53 (Residential Landlord-Tenant Code)
• Delaware State Bar Association – Real Estate Section
• Community Legal Aid Society of Delaware
• Delaware State Housing Authority
• Justice of the Peace Courts (for Summary Possession proceedings)
• Delaware Attorney General – Consumer Protection Unit
• Delaware Apartment Association