If you are a landlord leasing residential property, you must file a Delaware Rental Application Form. This document is necessary to verify the credibility and eligibility of any potential tenants.
Last Update May 12th, 2023
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- What Is a Delaware Residential Rental Application
- Delaware Rental Applications by Type
- What to Include in a Delaware Rental Application Form
- Delaware Rental Application Laws
- Delaware Rental Application Sample
- Other Real Estate Documents
- FAQs About Delaware Rental Application Form
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What Is a Delaware Residential Rental Application
Using a DE rental application allows you to screen a tenant before formally signing a lease agreement with them.
The document is also known as a “tenant application,” “rental lease application,” “lease application,” or an “application for rental property”. Furthermore, each renter over 18 that will occupy the residence must complete their own individual tenant form.
Having a prospective tenant complete aDelaware rental application is an important step for real estate owners when making a final decision on whom to rent a property to.
This legal document allows you to assess the income, background and rental history of the applicant before entering a binding contract to ensure no issues arise once the tenancy begins.
Delaware Rental Applications by Type
There are two main types of rental applications in DE. You must select the most relevant one depending on the type of property being rented, local laws, and the type of leasing agreement that will be used.
Standard/General Delaware Rental Application
The most common type of vetting document used by DE landlords is the DelawareStandard Rental Application. This form can be customized according to the specific necessities of the property owner or manager.
Department of Housing And Urban Development (HUD) Rental Application
Landlords of low-income tenants or those offering Section 8 Housing should use a HUD rental application. It is specifically designed to only include information that is allowed under subsidized housing rules.
What to Include in a Delaware Rental Application Form
It is important to request the right data from a tenant when asking them to fill in a Delaware rental application and to make sure they are properly informed about the contract. This will be essential to make sure you get the right tenant into your property.
Almost all application forms for rental properties request some or all of the following information:
Permission for background checks
Additionally, landlords must provide vital disclosures to ensure that potential residents can safely use the property. They must provide details about:
The property’s condition
Potential hazards to the tenant
Shared utility arrangements
Rent control rules
The security deposit
Delaware Rental Application Laws
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.
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.
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:
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.
Delaware Rental Application Sample
It’s sensible to look over the template of aDE rental application before starting your own. This can help to give you a better idea of what your final form will look like and the kind of information you’ll need to add to it.
Other Real Estate Documents
It is important to stay on top of your rented real estate. By using the right legal forms, this is a much easier task so that you can remain legally compliant with the rules in Delaware.
Use one of our real estate legal forms below to make sure everything runs smoothly:
FAQs About Delaware Rental Application Form
Understanding what your DE rental application can and cannot do is vital before you create your own from scratch. Find out more about how these screening documents work and what you need to know when writing them.
How to Fill Out a Delaware Rental Application
Creating a Delaware rental application can be easily done with the help of our contract maker and template tools. When you fill out a rental application form, you will usually request the following information from the tenant:
Permission for background checks
You must also include important legal disclosures on the property and the lease agreement being proposed. This will outline details on the condition of the property, any hazards, and information on aspects such as security deposit and fees. Our template designer will help you add the data that must be added.
What Cannot Be Asked on Rental Applications in Delaware?
You cannot ask tenants a number of questions when you are vetting them with aDelaware rental application document. You must not request any of the following information from the applicant during this process:
Race or ethnicity
Immigration or citizenship status
Marital or familial status
Whether they have children or not
Do I Need to Ask for a Social Security Number in a Delaware Rental Application?
It is not usually necessary to request a Social Security number (SSN) on a DE rental application. However, you may consider requesting this data from an applicant if you want to run certain background checks on them.
Additionally, you must always get written permission from the tenant on the application form if you want to use their SSN. When you handle someone else’s Social Security information you always need consent first and must disclose that you will properly handle this data.
These days, most screening companies can obtain the applicant’s SSN directly by requesting it securely from the applicant via email. Remember, however, that you must always inform the potential tenant and have their permission before you run any background checks.