Delaware has many rules and statutes regulating its housing market. These must be fully considered when preparing an application for rental properties in the state.
Application Fee
In Delaware, there is a state limit on rental application fees. DE Landlords cannot charge tenants more than 10 percent of one month's rent or $50 as an application fee. This amount is non-refundable.
Security Deposit
Under Delaware law (Title 25 § 5514), Landlords cannot charge more than 1 months’ rent for yearly agreements. However, there is no limit on how much can be charged as a security deposit for month-to-month rental agreements. This amount must be returned within 20 days of the tenant vacating the property alongside an itemized list of any deductions.
Housing Discrimination Law
There are no set laws in Delaware that specifically limit housing discrimination. However, all states must adhere to the Fair Housing Act (FHA). The FHA is a federal law that prevents landlords from discriminating against tenants based on their:
- Race
- Nationality
- Religion
- Sex
- Familial status
- Disability
- Criminal history
Notice of Eligibility
You must disclose the screening criteria used during the application process, as well as anything that could lead to a refusal. To make sure individuals understand this in advance of the application, they must provide a signature of acknowledgment on the application.
Consent Credit Check
Under the Federal Credit Reporting Act (FCRA), tenants being screened in Delaware must consent to any credit checks you wish to carry out. To make sure you comply with the law, the applicant must provide written acknowledgment of the screening on the application form.