Delaware Laws for Landlords.
Your Resource for laws affecting landlords in Delaware

(Information is updated daily)

Landlord Legislation in Delaware

Below is a list of laws for landlords in Delaware. New resources, bills and articles are updated daily. You can also type in a Bill Number or Keyword in the search bar to find additional details on laws.

DE SB90 An Act To Amend Title 6 And Title 25 Of The Delaware Code Relating To Fair Housing.

Introduced Session

151st General Assembly

Summary
The Delaware Fair Housing Act and Residential Landlord-Tenant Code both prohibit discrimination based on source of income, which is defined as including rental payments from any government program, but both laws also provide that a landlord's nonparticipation in a government-sponsored rental assistance, voucher, or certificate system cannot be the basis for an administrative or judicial proceeding.
Sponsors
Elizabeth Lockman Marie Pinkney Bryan Townsend Sherae'a Moore Sherry Dorsey Walker David Sokola John Kowalko Larry Lambert Eric Morrison Madinah Wilson-Anton
Last Action
Reported Out of Committee (Housing) in Senate with 3 Favorable, 1 On Its Merits
View Details
https://lawsforlandlords.com/bill/de-2021-sb90/

DE HB60 An Act To Amend Title 25 Of The Delaware Code Relating To Tenant’s Remedies Relating To The Rental Unit.

Introduced Session

151st General Assembly

Summary
This bill increases the amount that a tenant may deduct from rent in order to have necessary work done on the rental premises if the landlord fails to repair or maintain the premises after proper notice. The original amount of $200 was selected at the time that the Landlord Tenant Code was drafted in 1996. The amended amount of $400 reflects inflation of rent and cost of repairs.
Sponsors
Stephen Smyk Bruce Ennis William Carson Franklin Cooke Sherry Dorsey Walker Kyle Gay Brian Pettyjohn David Wilson Ronald Gray
Last Action
Assigned to Housing Committee in Senate
View Details
https://lawsforlandlords.com/bill/de-2021-hb60/

DE HB127 An Act To Amend Title 25 Of The Delaware Code Relating To Security Deposit.

Introduced Session

151st General Assembly

Summary
This Act determines when and how a landlord must provide a tenant notice of the use of the tenants security deposit. This revision clarifies the specification of such address to relate back to the forwarding address. This revision mirrors the revision in the Manufactured Housing Code.
Sponsors
Ruth Briggs King Ernesto Lopez Ronald Gray Kevin Hensley
Last Action
Introduced and Assigned to Manufactured Housing Committee in House
View Details
https://lawsforlandlords.com/bill/de-2021-hb127/

DE SB101 An Act To Amend Title 25 Of The Delaware Code Relating To The Residential Landlord-tenant Code.

Introduced Session

151st General Assembly

Summary
This Act creates a right to counsel for tenants in evictions and other landlord-tenant actions. Approximately 18,000 eviction cases are filed each year in the State of Delaware, and while 86% of landlords are represented by an attorney, agent, or business manager, only 2% of tenants have representation.
Sponsors
Bryan Townsend Marie Pinkney Melissa Minor-Brown Kendra Johnson Larry Lambert Kyle Gay David Bentz Valerie Longhurst Eric Morrison Madinah Wilson-Anton
Last Action
Introduced and Assigned to Housing Committee in Senate
View Details
https://lawsforlandlords.com/bill/de-2021-sb101/

DE HB57 An Act To Amend Title 25 Of The Delaware Code Relating To Rules And Regulations Relating To Certain Buildings Single Room Lease.

Introduced Session

151st General Assembly

Summary
This bill requires a landlord to provide 15 days written notice to a single room tenant prior to the termination of a rental agreement for any reason other than a material violation. This notice provision ensures that the tenant has time to find suitable housing prior to the termination of their current lease, while still permitting a landlord to quickly remove a tenant renting a single room within a house.
Sponsors
Stephen Smyk Bruce Ennis William Carson Franklin Cooke Kyle Gay David Lawson David Wilson Gerald Brady Ronald Gray Michael Ramone
Last Action
Assigned to Housing Committee in Senate
View Details
https://lawsforlandlords.com/bill/de-2021-hb57/

DE SB156 An Act To Amend The Laws Of Delaware And Title 4, Title 6, Title 10, Title 11, Title 15, Title 16, Title 19, Title 24, Title 25, And Title 29 Of The Delaware Code Relating To Technical Corrections.

Introduced Session

150th General Assembly

Summary
In January 2019, the Code Revisors provided the General Assembly with a list of potential technical corrections that they identified as they revised the Delaware Code to reflect legislation that was enacted by the 149th General Assembly in 2018 or as they reviewed titles of the Code. While technical in nature, these changes are beyond the authority of the Code Revisors to make and can only be done by the General Assembly through legislation. This Act also includes technical corrections identified outside of the list provided by the Code Revisors.
Sponsors
David McBride Peter Schwartzkopf Nicole Poore Bryan Townsend Gerald Hocker Catherine Cloutier Valerie Longhurst John Mitchell Daniel Short Timothy Dukes
Last Action
Signed by Governor
View Details
https://lawsforlandlords.com/bill/de-2019-sb156/

DE HB45 An Act To Amend Title 25 Of The Delaware Code Relating To Manufactured Home Communities.

Introduced Session

150th General Assembly

Summary
This Act is the product of the Manufactured Home Owners and Community Owners Act Task Force (Task Force), established by HR No. 24 of the 149th General Assembly. This Act makes technical and substantive revisions to the Manufactured Home Owners and Community Owners Act that were approved by all voting and nonvoting members of the Task Force. The specific changes are as follows:
Sponsors
Paul Baumbach David Sokola Brian Pettyjohn Ruth Briggs King Bryant Richardson Franklin Cooke John Kowalko Sean Matthews John Viola Kimberly Williams Lyndon Yearick
Last Action
Signed by Governor
View Details
https://lawsforlandlords.com/bill/de-2019-hb45/

DE HB296 An Act To Amend Title 25 Of The Delaware Code Relating To Tenant’s Remedies Relating To The Rental Unit.

Introduced Session

150th General Assembly

Summary
This bill increases the amount that a tenant may deduct from rent in order to have necessary work done on the rental premises if the landlord fails to repair or maintain the premises after proper notice. The original amount of $200 was selected at the time that the Landlord Tenant Code was drafted in 1996. The amended amount of $400 reflects inflation of rent and cost of repairs.
Sponsors
Stephen Smyk David Lawson Bruce Ennis Harris McDowell Bryant Richardson David Wilson Franklin Cooke
Last Action
Introduced and Assigned to Housing & Community Affairs Committee in House
View Details
https://lawsforlandlords.com/bill/de-2019-hb296/

DE HB293 An Act To Amend Title 25 Of The Delaware Code Relating To Rules And Regulations Relating To Certain Buildings Single Room Lease.

Introduced Session

150th General Assembly

Summary
This bill requires a landlord to provide 15 days notice to a single room tenant prior to the termination of a rental agreement for any reason other than a material violation. This notice provision ensures that the tenant has time to find suitable housing prior to the termination of their current lease, while still permitting a landlord to quickly remove a tenant renting a single room within a house.
Sponsors
Stephen Smyk David Lawson Bruce Ennis Bryant Richardson David Wilson
Last Action
Introduced and Assigned to Housing & Community Affairs Committee in House
View Details
https://lawsforlandlords.com/bill/de-2019-hb293/

DE HB46 An Act To Amend Title 25 Of The Delaware Code Relating To A Delaware Manufactured Home Owner Attorney Fund.

Introduced Session

150th General Assembly

Summary
This Act creates a Delaware Manufactured Home Owner Attorney Fund ("Attorney Fund") by collecting a $0.50 monthly assessment per lot from manufactured home owners who rent a lot in a community governed by the Manufactured Home Owners and Community Owners Act. The Attorney Fund will be administered by the Department of Justice to contract with an attorney or agency who will provide legal representation and advocacy for manufactured home owners enforcing existing rights in disputes with community owners.
Sponsors
John Kowalko Bruce Ennis Kimberly Williams Jack Walsh Paul Baumbach William Carson
Last Action
Signed by Governor
View Details
https://lawsforlandlords.com/bill/de-2019-hb46/

DE SB255 An Act To Amend Title 25 Of The Delaware Code Relating To Property During The Covid-19 Recovery Period.

Introduced Session

150th General Assembly

Summary
This Act ensures that the consumer protections for Delawareans related to summary possession and tenants holding over in rental units put in place during the COVID-19 state of emergency do not cease immediately on the lifting of the COVID-19 state of emergency, but instead continue for a short period of time during the COVID-19 recovery period. The COVID-19 recovery period runs until the sixty-first day following the termination of the COVID-19 state of emergency.
Sponsors
Harris McDowell
Last Action
Laid on Table in Senate
View Details
https://lawsforlandlords.com/bill/de-2019-sb255/

DE SB251 An Act To Amend Title 25 Of The Delaware Code Relating To A Delaware Manufactured Home Owner Attorney Fund.

Introduced Session

149th General Assembly

Summary
This Act creates a Delaware Manufactured Home Owner Attorney Fund by collecting a $0.50 monthly assessment per lot from manufactured home owners who rent a lot in a community governed by Manufactured Home Owners and Community Owners Act. The fund will be administered by the Department of Justice to contract with an attorney or agency who will provide legal representation and advocacy for manufactured home owners in disputes with community owners.
Sponsors
Brian Bushweller Bruce Ennis William Carson Charles Paradee
Last Action
Amendment SA 1 to SB 251 - Introduced and Placed With Bill
View Details
https://lawsforlandlords.com/bill/de-2017-sb251/

DE HB276 An Act To Amend Title 9 And Title 30 Of The Delaware Code Relating To Intercepting Payments To The Delaware Manufactured Home Relocation Trust Fund To Collect Debts Owed To A County Or To The State.

Introduced Session

149th General Assembly

Summary
This Act permits a county and the State to intercept payments to landlords from the Delaware Manufactured Home Relocation Trust Fund to collect debts.
Sponsors
Paul Baumbach Bruce Ennis Brian Bushweller Jack Walsh Kimberly Williams
Last Action
Introduced and Assigned to Manufactured Housing Committee in House
View Details
https://lawsforlandlords.com/bill/de-2017-hb276/

DE HB456 An Act To Amend Titles 14, 16, 17, 26, And 29 Of The Delaware Code Relating To The Use Of Lead Paints On Outdoor Structures.

Introduced Session

149th General Assembly

Summary
This Act amends Titles 14, 16, 17, 26, and 29 of the Delaware Code to prohibit the use of lead paints on outdoor structures such as bridges, water towers, playground equipment, highways, parking lots, and utility towers and poles, in order to protect public health from the dangers of such paints.
Sponsors
Earl Jaques Stephanie Hansen Bryan Townsend Colin Bonini Brian Bushweller Catherine Cloutier Anthony Delcollo Bruce Ennis Margaret Henry Gerald Hocker Gregory Lavelle David Lawson Ernesto Lopez Robert Marshall David McBride Harris McDowell Brian Pettyjohn Nicole Poore Bryant Richardson Gary Simpson David Sokola Jack Walsh Gerald Brady Debra Heffernan John Kowalko Edward Osienski
Last Action
Signed by Governor
View Details
https://lawsforlandlords.com/bill/de-2017-hb456/

DE HB436 An Act To Amend Title 25 Of The Delaware Code Relating To Manufactured Home And Rented Lot Transfers.

Introduced Session

149th General Assembly

Summary
This Act clarifies conditions under which a manufactured home owner can transfer the existing lot lease to the purchaser of the home.
Sponsors
William Carson Bruce Ennis John Kowalko
Last Action
Signed by Governor
View Details
https://lawsforlandlords.com/bill/de-2017-hb436/

DE HB383 An Act To Amend Title 25 Of The Delaware Code Relating To The Acceptance Of Rent For Manufactured Home Communities.

Introduced Session

149th General Assembly

Summary
This Act requires an owner/landlord to accept rental payments from a manufactured home owner/tenant and makes the failure to accept a rental payment a retaliatory act. This Act adopts a provision of the Delaware Residential Landlord-Tenant Code that requires an owner/landlord to provide a receipt for a cash payment of rent and to maintain records of cash payments for 3 years.
Sponsors
Ruth Briggs King Brian Pettyjohn
Last Action
Amendment HA 2 to HB 383 - Introduced and Placed With Bill
View Details
https://lawsforlandlords.com/bill/de-2017-hb383/

DE SB179 An Act To Amend Titles 6 And 25 Of The Delaware Code Relating To Fair Housing.

Introduced Session

148th General Assembly

Summary
This bill prohibits housing discrimination based on source of income by adding “source of income” as a protected class under the Delaware Fair Housing Act and the Landlord Tenant Code. A person may still take into account sufficiency of income and credit worthiness of a tenant or buyer, so long as any standards are applied neutrally without regard to the source of income. There is also an exception for landlords who are employees of a housing authority and are prohibited by their employer’s conflict of interest policy from renting to persons receiving housing assistance payments. The bill contains language specifying that landlords will not be compelled to participate in rental assistance programs, and that the bill is not meant to prevent landlords who do participate in housing programs from reserving a certain number of units for that purpose. This measure will prevent and address discrimination against those who receive part or all of their income from child support, government or private assistance programs, or any lawful occupation.
Sponsors
Bryan Townsend Harris McDowell Quinton Johnson John Kowalko John Mitchell
Last Action
Signed by Governor
View Details
https://lawsforlandlords.com/bill/de-2015-sb179/

DE HB403 An Act To Amend Title 25 Of The Delaware Code Relating To Manufactured Housing.

Introduced Session

148th General Assembly

Summary
Section 1 of this bill requires a prospective tenant seeking to rent a lot in a manufactured housing community to provide to the landlord a copy of the manufactured home’s title and written confirmation of the manufactured home owner’s intent to rent. Section 2 of the bill requires that copies of the manufactured home’s title and documentation of the owner’s intent to rent to be disclosed with a rental agreement for a manufactured home.
Sponsors
Paul Baumbach Ruth Briggs King Bryan Townsend Sean Matthews David Wilson
Last Action
Passed by House of Representatives. Votes: Passed 38 YES 0 NO 1 NOT VOTING 2 ABSENT 0 VACANT
View Details
https://lawsforlandlords.com/bill/de-2015-hb403/

DE SB118 An Act To Amend Title 25 Of The Delaware Code Relating To The Residential Landlord Tenant Code.

Introduced Session

148th General Assembly

Summary
Delaware’s Residential Landlord Tenant Code provides as a protection for tenants that any utility service charges for which the tenant is responsible be separately metered to assure that the tenant only pays for services the tenant actually uses or consumes. Charges for sewer services assessed by Sussex County, however, are not based upon consumption but rather upon a property’s front footage and the number of its equivalent dwelling units (EDUs). This Act clarifies that the requirement of separate metering does not apply to utility service charges which are not assessed based on consumption, and permits the actual charge for such utility services to be passed on to the tenant as part of the rental agreement, subject to the other protections for tenants – such as the right to inspect billings - set for the in the Landlord Tenant Code.
Sponsors
Bethany Hall-Long Andria Bennett Ernesto Lopez Bryon Short Kevin Hensley Kimberly Williams
Last Action
Signed by Governor
View Details
https://lawsforlandlords.com/bill/de-2015-sb118/

DE HB68 An Act To Amend Title 25 Of The Delaware Code Relating To Abandoned Personal Property

Introduced Session

148th General Assembly

Summary
As the law stands now, following a writ of possession, a Landlord must store a manufactured home of the tenant that was left unclaimed for 30 days. Following that 30-day period, the home is deemed abandoned by operation of law, and the Landlord may dispose of the home as the Landlord wishes. However, in order to acquire title to the home, the Landlord must wait 1 year under Chapter 40. This bill will permit the Landlord to acquire title following the 30 day waiting period.
Sponsors
Ruth Briggs King Brian Pettyjohn Harvey Kenton William Outten David Wilson Lyndon Yearick Quinton Johnson Sean Matthews
Last Action
Reported Out of Committee (MANUFACTURED HOUSING) in House with 4 On Its Merits
View Details
https://lawsforlandlords.com/bill/de-2015-hb68/

DE SB259 An Act To Amend Title 25 Of The Delaware Code Relating To Assessments Payable To The Delaware Manufactured Home Relocation Authority.

Introduced Session

147th General Assembly

Summary
This act sets a $0.50 assessment for deposit in the Manufactured Home Relocation Trust Fund for each rented lot in a manufactured home community for a legal expenses fund for homeowners.
Sponsors
Bruce Ennis William Carson John Kowalko Brian Bushweller Paul Baumbach
Last Action
Amendment SA 1 - Introduced and Placed With the Bill in Senate
View Details
https://lawsforlandlords.com/bill/de-2013-sb259/

DE HB121 An Act To Amend Chapter 70, Title 25 Of The Delaware Code Relating To Manufactured Homes And Manufactured Home Communities.

Introduced Session

147th General Assembly

Summary
This bill clarifies the landlords obligation to respect the privacy of tenants and not enter a lot without the tenant’s or an adult resident’s permission unless certain emergency circumstances exist and for clearly identified regular tasks, such as maintenance. This bill also requires landlords to provide a rental agreement addendum to their existing tenants reflecting this clarification to their rental agreements.
Sponsors
Paul Baumbach Bruce Ennis John Kowalko
Last Action
Introduced and Assigned to Manufactured Housing Committee in House
View Details
https://lawsforlandlords.com/bill/de-2013-hb121/

DE HB92 An Act To Amend Title 25 Of The Delaware Code Relating To Surety Bonds For Rental Property.

Introduced Session

147th General Assembly

Summary
This bill amends the landlord/tenant code to permit the use of a surety bond in place of a security deposit. Instead of paying a refundable security deposit, a tenant may, if the landlord permits, purchase a nonrefundable “surety bond” for a percentage of the security deposit amount. The issuer of the surety bond would then be liable to the landlord in the event the tenant does not pay for any damages sustained by the landlord due to non-payment of rent, breach of lease, or damage to the rental property.
Sponsors
Helene Keeley Brian Bushweller Paul Baumbach Andria Bennett Stephanie Bolden Michael Ramone Jeffrey Spiegelman Bryon Short D.E. Williams Margaret Henry
Last Action
Signed by Governor
View Details
https://lawsforlandlords.com/bill/de-2013-hb92/

DE HB171 An Act To Amend Title 12 Of The Delaware Code Relating To Administering A Decedent’s Estate And To Amend Title 25 Of The Delaware Code Relating To Definitions And Summary Possession Proceedings.

Introduced Session

147th General Assembly

Summary
The law does not currently adequately address the situations that arise when the sole tenant of a residential rental unit dies. This bill provides access to the rental unit by the next of kin or personal representative, who has received valid documentation issued by the Register of Wills, for the purpose of removing the personal possessions from the decedent’s residential rental unit. It allows the landlord to file and maintain an action for summary possession as necessary. In addition, this bill adds a new section to Title 25 to address the procedure for how a landlord may regain possession of the residential rental unit, which, depending on the circumstances, may or may not necessitate the need for a summary proceeding. Finally, the new section permits a landlord to bring a debt action for monies due and protects the estate’s interest in any security deposit held by the landlord.
Sponsors
Gerald Brady Harris McDowell Andria Bennett Stephanie Bolden Michael Ramone Jeffrey Spiegelman Kimberly Williams
Last Action
Signed by Governor
View Details
https://lawsforlandlords.com/bill/de-2013-hb171/

DE HB136 An Act To Amend Title 25 Of The Delaware Code Relating To Definitions And Summary Possession Proceedings.

Introduced Session

147th General Assembly

Summary
The law does not currently adequately address the situations that arise when the sole tenant of a residential rental unit dies. This bill allows the landlord to file and maintain an action for summary possession as necessary. In addition, this bill adds a new section to Title 25 to address the procedure for how a landlord may regain possession of the residential rental unit, which, depending on the circumstances, may or may not necessitate the need for a summary proceeding. Finally, the new section permits a landlord to bring a debt action for monies due and protects the estate’s interest in any security deposit held by the landlord.
Sponsors
Gerald Brady Harris McDowell James Johnson Helene Keeley John Kowalko
Last Action
Stricken
View Details
https://lawsforlandlords.com/bill/de-2013-hb136/

Must-Know Delaware Landlord-Tenant Laws

Law For Landlords

In the U.S., there are nearly 48.5 million rental units. A little over half of these rental units are owned by business entities, while the rest are owned by individual investors.

There are a lot of good reasons to own rental property in, including providing a passive income source as well as the potential for property value appreciation. Many Americans have managed to make rental property ownership their full-time job, while others might keep a few rental properties as a way of making extra income.

If you are considering becoming a landlord, you likely have a lot of questions. What regulations do landlords need to know? What should I know as a landlord in general?

Understanding landlord-tenant laws is essential for protecting yourself legally and financially. Here’s a brief guide for self-managing landlords regarding some of the most important federal and state laws.

The Fair Housing Act

The Fair Housing Act is one of the two major federal laws that impact all property managers and landlords across the country. This is a law that prohibits discrimination due to national origin, race, religion, color, disability, sex or familial status. This law applies to:

  • Renting or buying a home
  • Seeking housing assistance
  • Getting a mortgage
  • Engaging in other housing-related activities

This law extends beyond leasing where landlords are concerned. It also applies to advertising, meaning that it is illegal to market your properties to any specific group of people.

Fair Credit Reporting Act

The Fair Credit Reporting Act is a law that requires landlords to do a number of things when running a credit check. These include receiving permission from an applicant to run a credit report, informing the applicant if their credit report was the basis for adverse action or denial, and providing specific information regarding the credit reporting agency they used

Law Paint Law

It is required by landlords under federal law to disclose the presence of lead paint. They are not required to remove lead paint under federal law, but state laws might dictate otherwise. It’s important to learn about your state and municipality laws regarding lead paint in addition to the federal law.

Discrimination Law

Beyond the Federal Fair Housing Act, state and local laws might provide additional protection beyond the federal law. These might extend protections to people based on their sexual orientation, age, marital status, political association and even hairstyle.

Tenant Duties

While your tenant is responsible for some things, you should know what those things are as the landlord. Then, you can include those duties in your lease agreement. If a tenant doesn’t fulfill their duties, you may be able to provide a notice to vacate in law. Your tenants need to comply with local health and building codes to keep themselves and others safe. They also need to dispose of garbage safely and legally, and they need to use the property reasonably. That means living in the property, but unreasonable uses could include conducting business. Tenants are also responsible for keeping the property clean on a daily basis. They also can’t do anything that would disturb their neighbors, especially if you own a duplex or a similar property. A tenant must also ensure their guests also comply with these requirements. And whenever your tenant has any issues, they must notify you so that you can correct the problem.

Security Deposit Limit

Before a tenant moves in, you can charge them a security deposit. Fortunately, doesn’t have any limitations regarding the amount the deposit can be. You can set an amount based on the property’s rent or value. And you can charge a security deposit for short-term or long-term leases. Then, you can hold onto that amount for the duration of the tenant’s stay. While you can use the money from the deposit, it’s smart to keep it in a separate account. When the tenant moves out, you can make sure you have enough money to pay them back. You can outline the terms of the security deposit, such as the amount and when you will return it, in your lease agreement. That way, you and your tenant both understand the terms, and you can use similar language if you ever buy property in another state.

A Legal Lease Document

Each state and some municipalities might have laws regarding the lease contract. Rental contracts must abide by all laws and be legally written. It is necessary to indicate tenant names, monthly rental rates, and leasing periods clearly.

In some jurisdictions, it is required that certain legal disclosures be included in the lease document. Working with a lawyer to produce your rental contract can help ensure that the lease provides all of the required information and doesn’t break any federal, state, or local laws.

Required Disclosures

It is common in many states to require landlords to inform tenants about individual landlord policies, certain state laws, or specific information about the rental. It might be required that this is disclosed within the lease itself or in additional documentation.

It’s important to look into your state’s requirements about disclosures. However, some commonly required disclosures include notice of recent deaths, mold, meth contamination, or other safety or health hazards.

Providing a Safe Environment

One important landlord-tenant law has to do with the habitability of the rental unit. The definition of “safe, habitable condition” might be different between states. For this reason, you must familiarize yourself with the laws for landlords in your location.

Typically, this means that the property cannot have serious deficiencies. It also means that fixtures, appliances, heating, and plumbing need to be in working order. You also cannot rent out a property that is infested with pests or insects.

 Landlords are usually responsible for dealing with infestations even if the outbreak happens after the tenant moves in. However, in many states, this can be avoided by specifying that the renter is responsible for pest control.

Laws About Making Repairs

In the lease agreement, it will be outlined that the tenants are responsible for reporting necessary repairs. It then becomes the landlord’s responsibility to complete the repairs within an appropriate amount of time.

If a landlord doesn’t make a repair in a timely manner in a way that impacts the safety or health of a tenant, a tenant might have the right to withhold rent.

Security Deposits

It is common for landlords to require a security deposit from the tenant. This is in order to cover the costs of any damage the tenant causes or if they fail to pay rent. A landlord must refund the security deposit unless it is needed to cover the cost of fixing property damage or covering default rent payments.

In some states, how the security deposit is kept is dictated by the law. It is also typically required that an itemized list of deductions must be provided to the tenant if the landlord is using some of the deposit for these purposes.

The unused portion of the deposit must be returned and the itemized statement must be provided. If they aren’t, the landlord can face financial and legal repercussions.

Renters Right To Privacy

Most landlord-tenant rules and regulations cover the right to quiet enjoyment of a tenant. This means that it is their right to live on a property undisturbed. The landlord must give proper notice before entering the rental unit, which is usually 24 to 48 hours unless there is an emergency.

Landlords can only enter the rental property for valid reasons and at a reasonable time of day after giving notice.

Landlord-Tenant Laws: Essential For Protecting Yourself Legally and Financially

Without a good understanding of landlord-tenant laws, you can find yourself in a mess of legal and financial trouble. It’s therefore very important to familiarize yourself with the federal, state, and local laws regarding the rights of tenants and the responsibilities of landlords.

Are you looking for more valuable resources to serve as a guide for self-managing landlords? You can find more resources and guides here.

Reviewing Laws for Landlords

Understanding laws for landlords is essential for keeping your properties up and running. It can also protect you and your finances if you have a problematic tenant or experience other issues. Whether you just bought your first rental property or are looking to expand, you should understand how these laws affect you. That way, you won’t have to worry about losing everything. Do you want to learn more about laws for landlords? Let us know.

Please understand that because of the nature of the topic, this page has been written in a generalized form. Further guidance should be sought on the topic being searched by the landlord.

Delaware Landlord Legislation Blog

Governor’s Latest Executive Order

KEY FACTS: Issued:  October 15, 2020
Expires:  November 14, 2020 Caveat:
Late Fee Prohibition Remains in Effect
Through December 31, 2020 KEY ISSUES:
Rent Demands: Extends 30-day rent
demand until November 14th The 30-day
rent demand applies to ALL Landlords
(residential and commercial). Late Fees:
The Order establishes a ban […]

Governor’s Latest Executive Order

KEY FACTS: Issued:  October 15, 2020
Expires:  November 14, 2020 Caveat:
Late Fee Prohibition Remains in Effect
Through December 31, 2020 KEY ISSUES:
Rent Demands: Extends 30-day rent
demand until November 14th The 30-day
rent demand applies to ALL Landlords
(residential and commercial). Late Fees:
The Order establishes a ban […]

Governor’s Latest Executive Order

KEY FACTS: Issued:  October 15, 2020
Expires:  November 14, 2020 Caveat:
Late Fee Prohibition Remains in Effect
Through December 31, 2020 KEY ISSUES:
Rent Demands: Extends 30-day rent
demand until November 14th The 30-day
rent demand applies to ALL Landlords
(residential and commercial). Late Fees:
The Order establishes a ban […]

A Guide to Section 8 for Landlords

Over 10 million Americans are afforded federal rental assistance under a program known as Section 8 housing. This federal rental assistance can be used all over the United States, which means that all US landlords should have a basic understanding of what Section 8 is and how it works. In short, Section 8 housing provides a solution for low-income families and individuals who are in need of housing. But how does Section 8 housing work for landlords? If you’ve poked around online

Read More »

Pros and Cons of Month-to-Month Rental Leases

The real estate market is in a particularly unusual state in 2021 as the overall economy seeks to correct itself during an ongoing pandemic. One of the more surprising results of the past year is that while housing prices are going up, the cost to rent is, in many places, going down or stabilizing. Now is a great time for property owners to analyze the kind of leasing agreements they typically offer. Is month-to-month rental a better solution in the present,

Read More »

A Guide to Squatter Rights- What Landlords Absolutely Need to Know

If you’re a landlord who has recently discovered the presence of unknown tenants living in one of your properties, you’re probably wondering what to do next. Is this trespassing? Can you simply kick them out? The answer is not quite so simple, assuming these unexpected tenants are squatters. We tend to think of squatters in basic, colloquial terms: people who have moved into a property they don’t own or rent and live there without permission. However, you’ve probably also heard

Read More »

A Complete Guide to Every Step in the Eviction Process

As a landlord, your hope is to bring on high-quality tenants that abide by the lease and pay rent on time each month. However, you might be surprised at how likely it is that you could find yourself going through the eviction process at some point in your tenure. In the past few years, US eviction data was compiled and revealed just how common evictions actually are. In fact, in 2016 alone, 2.3 million evictions were filed in America. Our goal is

Read More »

The Landlord’s Guide to Rent Collection

There are over 10 million individual landlords in the United States, each with its own methods for rent collection. How a landlord collects rent, what they charge, and how they deal with late payments has to do both with their personal preferences and the laws in their state. Renting is a great way to earn side money or even a full liveable income, but there are many things to consider before you begin looking for tenants. If you have a property you’re interested

Read More »

What to Know Before Creating an LLC for a Rental Property

Interested in joining the more than 11 million real estate investors making money off rental properties? It’s a form of potentially passive income with great appeal, but like any investment, it also comes with potential risks. One way to mitigate risk is by setting up a business that would own the property rather than buying it in your own name. Creating an LLC for a rental property can help manage income, taxes, and liability for your rental business. If you’ve been wondering,

Read More »

Contact Us

    National Resources