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Delaware room rental agreement
Written for Delaware law, checked October 1, 2026 General information, not legal advice
Rentari offers a general room-rental agreement form, but it is not tailored to Delaware or every local rule. Review the room, shared spaces, occupancy requirements, and applicable Delaware and city rules before using a form. The state table below covers selected deposit and entry rules, not every room-rental requirement.
Delaware rules that apply
- Security deposit limit
- 1 month's rent
- for a lease of a year or more; furnished units exempt
- 25 Del. C. § 5514(a)
Security deposit limit
For a rental agreement of one year or more, a security deposit may not exceed one month's rent. For a month-to-month tenancy or one with no set term, the one-month limit applies once the tenancy has lasted a year, and you must then immediately credit the tenant any deposit above one month's rent (unless federally assisted housing regulations provide otherwise). The limits do not apply to furnished rental units.
More detail (5)
- Section 5514 sets no limit for a fixed-term lease shorter than a year. 25 Del. C. § 5514(a)
- A pet deposit is separate and may not exceed one month's rent, whatever the length of the lease. You may not require any pet deposit for a duly certified and trained support animal of a disabled resident. 25 Del. C. § 5514(i)
- A tenant may choose to buy a surety bond instead of paying all or part of the deposit, but you cannot require one and do not have to accept one. A bond plus any cash deposit may not exceed one month's rent, except as 5514(a)(3) allows. 25 Del. C. § 5514A(b), (d)
- If the lease says so, you may raise the deposit along with the rent. An increase of more than 10 percent of the monthly rent must be spread over the lease term, or over four months for a month-to-month tenancy. 25 Del. C. § 5514(j)
- You may not charge any nonrefundable fee as a condition of occupancy, except an optional service fee for actual services such as a pool fee. 25 Del. C. § 5311 See Application and screening fees on the Delaware page
The Rentari Delaware lease states the deposit and the one-month limit for a term of a year or more, notes when a unit is furnished, and for a month-to-month lease with a deposit above one month's rent prints the duty to credit the excess once the tenancy has lasted a year.
Landlord entry
Give the tenant at least 48 hours' notice before entering, and enter only between 8:00 a.m. and 9:00 p.m. No advance notice is needed for repairs the tenant asked for, and you may enter at any time in an emergency.
More detail (5)
- The tenant may not unreasonably refuse entry to inspect, make necessary repairs or improvements, supply agreed services or show the unit to prospective buyers, lenders or tenants. You may not abuse the right of access or use it to harass. 25 Del. C. § 5509(a), (b)
- For showings to prospective tenants or buyers only, the tenant may waive the 48 hours in a signed addendum or other separate signed document. 25 Del. C. § 5509(b)
- The tenant must let you in at reasonable times to read utility meters. 25 Del. C. § 5509(c)
- During an extended absence (more than seven days) you may enter as reasonably necessary for inspection, maintenance and safekeeping. 25 Del. C. § 5507(b) 25 Del. C. § 5141
- You are liable for theft or other harm resulting from an entry made while the tenant was absent without specific consent, or while present without actual consent, or through your negligence. Repeated demands for unreasonable entry, or even one actual entry that is unreasonable and not consented to, may be treated by the tenant as grounds to end the lease. 25 Del. C. § 5510(b), (c)