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Delaware Room Rental Agreement

A Delaware room rental agreement formalizes the agreement between a property owner and a tenant taking up a room in a home or apartment. This contract, typically signed before moving in, protects both parties following the law. This agreement is also a crucial reference point in case of conflict.

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Delaware Room Rental Agreement

This agreement adheres to Delaware state and federal rental laws and ordinances. As such, renters and property owners need to understand the contents of a Delaware room rental agreement. 

Room Access

  • Landlords’ right to entry: Delaware law allows landlords entry for these valid reasons. Regular inspections and maintenance help keep the property in good shape. Showings and improvements facilitate new tenants. Emergencies justify short-notice access.
  • Entry without permission: Landlords can enter without permission in emergencies for health/safety reasons. They can also enter if the tenant unreasonably refuses access for a valid purpose.
  • Entry when the tenant is away: Landlords can enter without the tenant there if the tenant agrees, such as if they’re traveling. This facilitates maintenance scheduling.
  • Showing an occupied unit: Delaware law permits showings of occupied units, but tenants can’t refuse without good reason. This balances landlord needs with tenant privacy.
  • Notice requirement: Landlords must provide two (2) days’ notice before entering, only during daytime hours. This gives tenants time to prepare.
  • Refusing entry: Tenants can refuse access without proper notice/timing or for invalid reasons. This protects tenant privacy.
  • Tenant remedies for improper entry: If landlords enter improperly, tenants have recourse, including court orders, lease cancellation, and damages. This gives tenants leverage.

Guests & Pets Policy

  • Guest prohibition: Based on existing Delaware laws, landlords can prohibit guests if it is included in the written lease agreement. Landlords can also restrict guest stays beyond two (2) weeks without approval. Tenants are responsible for issues caused by guests.
  • Tenant right to guests: Delaware law provides tenants the right to quiet enjoyment, including having guests for reasonable periods, unless the lease prohibits guests.
  • Pet policies set by landlord: Delaware landlords decide if pets are permitted and any type, size, and number restrictions. Pet deposits and pet rent are common requirements.
  • Licensing and cleanup rules: Pets must comply with rules on licensing, waste cleanup, noise, and being under control. Tenants are responsible for any pet damage.
  • Removal for violations: Pets threatening safety or disturbing others can be required to leave. Pet policy violations can lead to lease termination.
  • Service/assistance animals: Service animals that assist disabled residents are exempt from pet restrictions and fees. Proper verification is required.

Security Deposit Regulations

  • Amount limit: In Delaware, landlords can charge up to one (1) month’s rent for a security deposit on one (1) year or more leases and for an undefined term or month-to-month leases after the first year. For furnished units, there’s no limit.
  • Pet deposit limit: Pet deposits cannot exceed one (1) month’s rent in Delaware, regardless of lease term. No pet deposit can be charged for support animals.
  • Deposit uses: Delaware security deposits can cover damages beyond normal wear and tear, unpaid rent/fees, and costs to renovate and re-rent after early lease termination.
  • Deposit account: Deposits must be held in a federally insured escrow account in Delaware, designated solely for security deposits. Tenants have priority claims to the funds.
  • Application fees: Delaware landlords can charge an application fee of up to 10% of monthly rent or $50. Receipts must be provided, and records must be kept for 2 years. Excessive fees get tenants double damages.
  • Returning deposits: If keeping any deposit, Delaware landlords must provide tenants an itemized damages list and payment of any remainder within 20 days of lease end. Otherwise, the full deposit must be returned.
  • Tenant remedies: Tenants get double the wrongfully withheld deposit if not returned in 20 days. Forfeiture and double damages can apply if the deposit isn’t properly accounted for.
  • Notices: Delaware requires landlords and tenants to send deposit-related notices to the addresses provided in the lease or an updated tenant forwarding address.
  • Increasing deposits: Delaware landlords can increase security deposits mid-lease if the lease permits, up to 10% more per month over four (4) months for month-to-month.