Delaware is one of the top states for property investors to purchase rental units because there is no property tax. The fair cost of living and location is a big draw for those looking to relocate, which means finding a tenant is easier than in other states.
Laws that impact the rental market, landlords, and tenants are constantly being decided in states. Make sure you know what’s on your ballot – find Delaware voting information.
When it comes to Delaware rental laws, there are a few specifics landlords need to know:
Delaware landlords can charge an application fee not to exceed the greater of 10% of monthly rent for the unit or $50.00.
Delaware landlords have 15 days to make repairs after being notified by their tenant.
Build a Delaware lease agreement in less than 15 minutes.
There are three sections to a residential lease agreement. The first section outlines the custom details of the contract, such as who’s involved and for what address. Here’s an example Delaware lease agreement listing details found in Section 1:
Below are answers to some of the most commonly-asked questions when it comes to landlord-tenant laws in Delaware:
If a landlord fails to make necessary repairs, the tenant may pay for those repairs and deduct the price from their next rent payment or withhold two-thirds of their rent.
Evicting a tenant in Delaware can take anywhere from 1 to 3 months, depending on the reason for eviction.
Delaware is not a landlord-friendly state because of the restrictions and responsibilities of landlords.
There are four reasons a landlord may file for eviction in Delaware. The four reasons include failing to pay rent, violation of the lease agreement, illegal activity, and the end of the lease term. Depending on the violation, the landlord must give the tenant anywhere from 5 to 60 days to cure their violation.
If the tenant fails to cure or quit, then the landlord may file a complaint with the court, which costs $45. After the complaint is filed, it will be served to the tenant within 5 to 30 days.
The hearing will then be scheduled within a few days to a few weeks.
If the court rules in favor of the landlord, then a writ of possession will be issued within 10 days. Once received, the tenant will need to move out within 24 hours.
Landlords are required to give a 60-day notice before asking a tenant to vacate the property.
TurboTenant has utilized many municipal sources and official state statutes to compile this information to the best of our ability. However, local laws are constantly in flux, and landlords and tenants alike should do their due diligence and consult legal help when it’s needed. We hope the following list can serve as a valuable resource and allow you to succeed as a landlord or tenant in Delaware. Be sure to take proper precautions when it comes to finding the top candidates for your unit by utilizing our online rental application and tenant screening services.
Disclaimer: TurboTenant, Inc does not provide legal advice. This material has been prepared for informational purposes only. All users are advised to check all applicable local, state, and federal laws, and consult legal counsel should questions arise.
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