{"id":372413,"date":"2016-03-31T21:34:51","date_gmt":"2016-04-01T02:34:51","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/delaware-law\/delaware-leases-and-rental-agreements-laws.html"},"modified":"2016-06-20T19:50:56","modified_gmt":"2016-06-21T00:50:56","slug":"delaware-leases-and-rental-agreements-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/delaware-law\/delaware-leases-and-rental-agreements-laws.html","title":{"rendered":"Delaware Leases and Rental Agreements Laws"},"content":{"rendered":"\n
\n \n
\n

Delaware Leases and Rental Agreements Laws<\/h1>\n
\n
\n

Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

The relationship between landlords and tenants is regulated at the state level, through lease and rental agreement laws<\/a>. Typically, these laws place limits on how much of a security deposit a landlord may require and which types of discrimination are prohibited. Delaware lease and rental agreement laws require that security deposits must be returned within 30 days of termination of the lease.<\/p>\n

See the following summary chart and elaboration below it to learn more about Delaware’s lease and rental agreement laws. See FindLaw’s Rental and Lease Agreements<\/a> section for additional articles and resources.<\/p>\n\n
Code Section<\/td>\nTit. 6 \u00a74603; 25 \u00a75514<\/td>\n<\/tr>
Terms of Leases<\/td>\nTenant remains in possession and landlord accepts rent, creation of new tenancy from year-to-year is inferred (Makin v. Mack, 336 A.2d 230 (1975)<\/td>\n<\/tr>
Deposits<\/td>\nLimit 1 month rent; interest on deposit not required; deposit must be returned within 30 days of termination; if deposit not returned within 30 days, tenant entitled to double the amount of security deposit<\/td>\n<\/tr>
Discrimination<\/td>\nNo discrimination on basis of race, age, marital status, creed, color, sex, handicap, national origin; landlord may reserve 10 or more units exclusively for rent by senior citizens (anyone over 62). Refusal to rent because of children in family, increase in rent, penalty, reservation of rental units for use by senior citizens, tenant may obtain summary of landlord-tenant code, use ignorance of law defense.<\/td>\n<\/tr>
Uniform Residential Landlord & Tenant Act Adopted?<\/td>\nNo<\/td>\n<\/tr><\/tbody><\/table>\n

Illegal Discrimination under Federal Law<\/h2>\n

The Federal Fair Housing Act<\/a> places restrictions on the qualities landlords and home sellers can use when deciding who to place in a residence. No one can do any off the following based on race, national origin, religion, sex, familial status, or disability:<\/p>\n