1. Landlord-Tenant Code – Landlords must give new tenants a copy of the “Summary of the Delaware Residential Landlord-Tenant Code.”^[1]

2. Owner/Agent Disclosure – The landlord must include the details of the property owners in the lease.^[2]

3. Bed Bug Disclosure – The landlord is required to inspect the premises before leasing to a prospective tenant. The tenant must receive a written disclosure stating if the residence or an adjacent unit is infested or being treated for bed bugs.^[3]

4. Lead-Based Paint Disclosure & EPA Pamphlet (conditional) – Required for any residential dwelling constructed prior to 1978.^[4]

5. Right to Legal Representation (conditional) – This informs tenants with incomes below 200% of federal poverty guidelines about their right to free legal representation in eviction proceedings if the landlord has more than three rental units and access to legal representation.^[5]{6] Visit the Delaware Legal Help Link for more information.

Maximum Amount – Equal to one month for yearly agreements. For month-to-month leases (also known as a “tenancy at will”), there is no maximum amount until the tenancy has reached a year in duration. This does not apply to furnished units.^[7]

Separate Bank Account – Security deposits must be held in an escrow account and are not to be used for any other purpose.^[8]

Returning to Tenant – At the end of the lease, the landlord must return the security deposit within 20 days.^[9]

• Itemized List – The landlord must provide an itemized list of damages and costs they intend to deduct from the deposit within the 20-day return period.^[10]

Grace Period – A 5-day grace period where the landlord cannot collect a late rent penalty. ^[11] If rent remains in default, the landlord can start eviction proceedings by issuing a 5-day notice to quit.

Maximum Late Fee (5%) – Late fees cannot exceed 5% of the monthly rent amount.^[12]

NSF Fee – $50 is the maximum fee for a dishonored check.^[13]

Withholding Rent – Tenants cannot withhold rent for repairs. If a defect comes to the tenant’s attention, they must notify the landlord in writing.^[14]

Standard Access – The landlord must provide 48 hours’ notice to the tenant before entering the premises, except for repairs requested by the tenant. Access is only permitted between 8:00 a.m. and 9:00 p.m.^[15]

Immediate Access – No advance notice is required in the case of an emergency.^[16]

Absence – The landlord may require in the lease agreement that the tenant provide notice of any extended absence within the first day of the absence.^[17]

Breaking the Lease – If the tenant leaves early, the landlord is entitled to whichever amount is lower of the following: 1) rent due for the remainder of the lease term, or 2) the rent lost, plus expenses, in the time it took to find a replacement tenant.^[18]

Tenant’s Utility Shutoff – Tenants must use electrical, plumbing, sanitary, heating, and other facilities and appliances in a reasonable manner.^[19] However, the law does not specifically address the tenant’s responsibility to maintain essential utilities.

Unclaimed Property – The landlord may immediately remove and store at the tenant’s expense any property left behind at the end of the lease. After seven days, the property is considered abandoned and may be disposed of.^[20]