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A Tenant's Guide to Residential Renting in Delaware

Published: 09-12-24 Category: Leasing/Renting

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Renting a home in Delaware, whether you're a student on a budget or making a career move, can be an exciting experience…especially if you're a fan of America's history.

Delaware was home to Dutch trading posts and was christened New Netherland in the early 1600s. Swedish and Finnish settlers arrived soon after, but the English evicted them in 1664.

Fast-forward to 1776, when Delaware was one of the Colonies which revolted against British rule in the American Revolution. It was first of the 13 to ratify the United States Constitution on December 7, 1787, earning the nickname “The First State.”

Today, understanding your rights and responsibilities as a tenant will reward you with a stress-free experience and better relationship with your landlord.

Here, we'll walk you through the basics of residential renting in Delaware.

Understanding Delaware Landlord-Tenant Laws

These are described in detail within the Delaware Residential Landlord-Tenant Code.

Here are some key points to remember when viewing rental units.

The state code defines “habitable living space” as a landlord's obligation and is described as:

Complying with all applicable building codes;
Ensuring that the rental doesn't endanger tenants' health or safety;
Keeping the common areas clean;
Arranging repairs as needed; and
Maintaining all electrical, plumbing, and other facilities.

Security deposits are limited to the equivalent of one month's rent for unfurnished units and two months' rent for furnished units.

Landlords must return security deposits within 20 days of lease termination.

Landlords must also provide at least 24 hours' notice before entering the property, except in emergencies.

Be sure to remember these laws or bookmark the code online to ensure your rights are protected throughout your tenancy.

Now it's time to start checking out future homes.

Finding the Right Property

Delaware offers a diverse range of rental properties, from urban apartments in Wilmington to beachfront condos in Rehoboth Beach.

You can begin your search in a variety of ways, including:

Searching for suitable apartments online by visiting sites like apartments.com, rent.com, or zillow.com.
Working with a local real estate agent who specializes in property management.
Touring desired neighborhoods to spot "For Rent" signs.
Checking out listings on Facebook Marketplace.

Before you begin your search, be sure to determine your “must haves,” such as a swimming pool or on-site gym, how long it will take to reach your workplace and a general idea of your budget.

Ideally, your rent won't add up to more than 30% of your monthly income.

You'll also want to make sure you only view apartments that allow pets if you have them, as this is rarely negotiable.

If you're relocating from another state, you can find out how your current income stacks up to Delaware's cost of living by visiting Rent Cafe.

When you find a property that interests you, it's time to go to the next step.

The Rental Application Process

When applying for a rental property, be prepared to:

Provide proof of income (pay stubs, bank statements) as some apartments have minimum salary requirements based on your monthly rent;
Provide your permission for the landlord to run a credit check and background check; and
Pay an application fee (typically non-refundable).

After your application is processed, you'll be presented with a lease to sign. Like any other legal document, you'll want to read it carefully before signing.

Reviewing Your Lease Agreement

When reviewing your lease, there are several key elements to check for accuracy, including:

Your monthly rent amount and due date;
The length of the lease;
Required security deposit amount and conditions;
Who will be responsible for utilities;
Pet policies if applicable;
Maintenance and repair request procedures; and
Subletting and guest policies (where can your visitors park?)

Don't hesitate to ask questions or request clarification for any terms you don't understand. Not all leases are easy to read.

Next, it's time to check out your new digs.

Move-In Inspection

Ideally, you'll perform a walk-through inspection of the property with your landlord. Be sure to document any damage or issues, preferably with photos as well as written notes.

This helps the landlord arrange repairs and will protect you from being held responsible for these.

This is also an ideal time to shop for renters' insurance. If you already have auto insurance, you may be able to get a discount by adding renters' coverage.

Rent Payments and Late Fees

Delaware law doesn't specify a grace period for late rent payments, so you'll want to pay each month's rent by the due date specified in your lease.

If you're concerned that you may be late with rent, tell your landlord as soon as possible as a temporary grace period or workout may be offered. Landlords are allowed to charge late fees, but they must be specified in the lease.

Maintenance and Repairs

In Delaware, landlords are responsible for maintenance of their rental properties to ensure that plumbing, heating, and electrical systems are safe and working, and to arrange treatment of any pest infestations.

As a tenant, you're responsible for keeping the property clean and reporting any needed repairs to your landlord, either in writing or online.

Solving Problems With Your Landlord

If conflicts arise with your landlord, try to resolve them amicably. If your calls aren't returned, an email or letter may benefit you; if it doesn't help solve a problem, it's still proof that you made an honest effort.

If that fails, you can seek assistance via the Delaware Courts.

You may also want to visit the Delaware Attorney General's site and download the entire Landlord Tenant Code.

When It's Time to Move On

Be considerate of your landlord and any new renters.

Provide written notice of your departure as specified in your lease.
Clean the property and return all keys.
Provide a forwarding address for the return of your security deposit.

By understanding your rights and responsibilities as a tenant in Delaware, you can look forward to an enjoyable tenancy with all the comforts of home.