A Delaware Rental/Lease Application is a document that asks prospective tenants for information related to their future tenancy, including employment details, personal details, rental history, other sources of income, vehicle information, banking information, and character references.
Landlords and property management companies can use our Delaware rental application to screen tenants before entering a Delaware Lease Agreement.
The information in the application, including the background check consent statement, can be used to perform various checks, including criminal background checks, credit checks, reference checks, and eviction record searches.
Other names for rental applications in Delaware include:
- Tenant application form
- Rental application form
- Lease application
Delaware Rental Application Fees
Application Fee
In Delaware, per 25 Delaware Code § 5514(d), landlords can charge a rental application fee as a part of the tenant screening process to determine a tenant’s creditworthiness.
The application fee cannot exceed $50 or 10% of the monthly rent, whichever is greater.
After the tenant pays, the landlord must give the tenant a receipt for the amount they paid. They must also maintain complete records of all the application fees and amounts received for at least two years.
If the landlord demands more than the legal application fee in Delaware, the tenant will receive double the amount charged as damages.
Pet Deposit
Landlords are allowed to charge pet deposits in Delaware per 25 Delaware Code § 5514(i). Pet deposits cover any damages to the apartment caused by the tenant’s pet(s).
If the pet deposit is insufficient to cover the damages, the landlord may deduct the damages from the security deposit.
Pet deposits in Delaware 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.
- A landlord may ask for an extra deposit from a renter with a pet. However, the landlord 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.
Security Deposit
Pursuant to 25 Delaware Code § 5514(a), a landlord cannot require a security deposit that exceeds one month’s rent when the lease agreement is for one year or more.
A landlord cannot require a security deposit that exceeds one month’s rent 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.
Authorization for Background Check
If you want to perform a criminal background check on a potential tenant, you must have them sign a background check authorization form.
This form gives you the information you need to run the background check and the tenant’s explicit permission to perform the background check. It also tells the tenant which checks you will run.
How To Conduct an Eviction Record Search in Delaware
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
Other Resources for Landlords in Delaware
How to Write a Rental Application
Follow the steps below to write a rental application in Delaware.
Step 1 – Fill in Property Address Information
Write the date of the rental application and the address of the rental property.
Step 2 – Collect Basic Rental Applicant Information
This section provides the applicant(s) basic identifying information about themselves.
Step 3 – Collect Applicant’s Residence History
In this section, the applicant(s) provides their residence history including addresses, dates of residency, and reasons for moving.
Step 4 – Gather Applicant’s Employment History
This section is for the applicant(s) to provide current and previous employment information and other sources of income.
Step 5 – Gather Applicant’s Financial History
This section is for the applicant(s) to provide bank account and credit card information.
Step 6 – Collect References
The applicant(s) provides personal references’ names and contact information in this section.
Step 7 – Additional Questions and Verification
This section contains additional questions to determine more information about the applicant such as smoking or pets.
Sample Delaware Rental Application Form
Below is an example of a standard Delaware rental application form. You may download this free form or use our document builder to create a customized Delaware rental application that covers all the details unique to your real estate needs.
