A Delaware rental application is a document that asks prospective tenants for information related to their future tenancy. The form helps landlords and property management companies screen applicants before entering a lease agreement.
Laws
- Application Fee – Non-refundable.
- Fee Limits – Cannot exceed 10% of one month’s rent or $50, whichever is greater.
- Security Deposit – Cannot exceed one month’s rent.
Application Fee
- If the landlord demands more than the legal application fee, the tenant will receive double the amount charged as damages.
- After the payment, the landlord must give the tenant a receipt for the amount they paid. They must also maintain complete records of all the fees received for at least two years. [1]
Fair Housing Protections
- It is unlawful to refuse to sell, rent, negotiate, or make a dwelling unavailable to any person because of their race, color, national origin, religion, creed, sex, marital status, familial status, source of income, age, sexual orientation, gender identity, or disability. [2]
- There is no requirement to make a dwelling available to persons with disabilities if their tenancy would constitute a direct threat to the health or safety of others or result in substantial physical damage to the property of others.
Security Deposit Limits
- Landlords cannot require a security deposit that is greater than one month’s rent: [3]
- For lease agreements with a duration of one year or more.
- For primary residential tenancies with undefined terms or month-to-month tenancies that have lasted over one year.
- After the first year ends, the landlord must immediately return the security deposit amount. However, these security deposit limits do not apply to furnished rental units.
Pet Deposits
In Delaware, requesting a pet deposit, which covers any damages to the apartment caused by the tenant’s pet(s), is allowed. If the pet deposit is insufficient to cover the damages, the landlord may deduct the damages from the security deposit. Pet deposits are also subject to the following rules:
- Pet deposits cannot exceed one month’s rent, and the length of the lease agreement does not affect this stipulation.
- Landlords may ask for an extra deposit from a renter with a pet. However, they cannot require a pet deposit from a renter if the pet is a trained and certified support animal for a disabled resident of the unit.
Sample
