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.
State Laws
Application Fees
In Delaware, landlords can charge a fee as a part of the tenant screening process to determine a tenant’s creditworthiness. 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.
If the landlord demands more than the legal application fee, the tenant will receive double the amount charged as damages.
Security Deposits
Landlords cannot require a security deposit that is greater than one month’s rent:
- 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.(§ 5514(i)).
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.
Other Resources
You should be aware of further invaluable resources to help them ensure their rental applications comply with state laws:
How To Conduct an Eviction Record Search
An eviction record search can show whether a potential tenant has a history of eviction. You can perform an eviction record search by:
- Going to the Delaware Civil Case Search
- Typing in the prospective tenant’s name and date of birth
- Choosing appropriate civil cases to review eviction records