Delaware Tenant Resources
Your comprehensive guide to rental laws, guidelines and advocacy in Delaware
What are the late fee regulations in Delaware?
Delaware law allows landlords to charge late fees, but they must be reasonable and specified in the lease agreement. Late fees cannot exceed 5% of the monthly rent and cannot be charged until rent is at least 5 days late. The lease must clearly state when late fees will be assessed.
What are the rules for security deposits in Delaware?
Delaware limits security deposits to one month's rent for unfurnished units and one and a half month's rent for furnished units. Landlords must return deposits within 20 days of lease termination or tenant providing forwarding address, whichever is later. Security deposits must be held in a separate escrow account at a federally-insured bank with an office in Delaware.
What are the eviction rules and tenant protections in Delaware?
Delaware requires: 1) Written notice (5 days for non-payment, 7 days for lease violations), 2) Court complaint filed if tenant doesn't comply, 3) Court hearing scheduled, 4) If judgment granted, tenant has 10 days to appeal or vacate. Self-help eviction is illegal. Tenants may cure lease violations within 7 days of notice except for certain serious breaches.
What are the maintenance requirements for landlords?
Delaware's Landlord-Tenant Code requires landlords to: 1) Comply with building and housing codes, 2) Make all repairs necessary to keep premises in good working order, 3) Maintain electrical, plumbing, heating systems, 4) Provide adequate water, heat, and waste facilities, 5) Keep common areas clean and safe. Tenants must give written notice of needed repairs.
What notice is required for landlord entry?
Delaware law requires landlords to provide at least 48 hours notice before entering a rental unit. Entry must be during reasonable hours and for legitimate purposes such as maintenance, inspection, or showing the unit. Emergency situations may allow immediate entry. Tenants cannot unreasonably deny access.
What are the rules for rent increases in Delaware?
Delaware law requires landlords to provide at least 60 days written notice before any rent increase for month-to-month tenancies. For fixed-term leases, rent can only be increased at lease renewal unless the lease specifically allows for increases. Delaware does not have rent control, but increases must not be retaliatory.
What are my rights regarding repairs in Delaware?
Delaware tenants can: 1) Submit written notice to landlord about repairs, 2) Allow reasonable time for repairs (typically 10 days), 3) If not addressed, can file a complaint with the Consumer Protection Unit, terminate the lease, or pursue legal action through rent withholding after proper notice. All communications should be documented.
What are the rules about security deposit deductions?
Delaware landlords can deduct for: 1) Unpaid rent or charges, 2) Damage beyond normal wear and tear, 3) Cleaning costs to restore unit to move-in condition, 4) Other lease violations. They must provide an itemized list of deductions. Tenants can dispute deductions through the Consumer Protection Unit or small claims court.
What are Delaware's requirements for smoke and CO detectors?
Delaware law requires landlords to install and maintain working smoke detectors in all residential units. Carbon monoxide detectors are required in residential units with fossil fuel burning appliances or attached garages. Landlords must test all detectors at the start of each tenancy and maintain them in working order. Tenants are responsible for battery replacement and periodic testing.
What disclosures are required from landlords in Delaware?
Delaware landlords must disclose: • Lead paint hazards (pre-1978 buildings) • Security deposit location and terms • Names/addresses of property owners/managers • Rent payment requirements • Fees and utilities responsibilities • Building code violations • Fire protection systems • Pest control information • Utility arrangements • Smoking policies
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Legal Disclaimer: The information provided on this website is for general informational purposes only and should not be considered as legal advice. While we strive to keep the information up-to-date and accurate, laws and regulations can change frequently. Specific situations may vary, and the application of rental laws can depend on numerous factors. We recommend consulting with a qualified legal professional for advice regarding your specific circumstances.
