Sharing your home with a tenant changes the traditional landlord-tenant dynamic. When you rent out a room in your Delaware home, you’re not just sharing a space or managing a rental arrangement; you’re setting expectations around shared space, privacy, and more.
A Delaware lease agreement is a binding legal contract that helps set the stage for a room rental agreement Delaware. From collecting a security deposit to terminating the rental agreement, state law oversees almost every aspect of the rental agreement.
Room Rental Laws
When it comes to your room rental, you must follow all aspects of Delaware landlord-tenant law. This particular set of laws oversees aspects of a Delaware room rental agreement, including:
- Security deposits
- Rent and fees
- Access and privacy
- Maintenance and habitability
- Lease terms and termination
- Eviction and breaches
State law allows you to choose the type of Delaware room rental agreement that is right for you.
Different Types of Room Rental Agreements in Delaware
When selecting the type of room rental agreement that’s best for you and your tenant, keep these things in mind.
Verbal agreement: A verbal agreement is a verbal understanding between you and your tenant. Verbal agreements are often difficult to prove or hold up in court.
Fixed-term lease: A fixed-term lease agreement lasts for a specified period, often 1 year. This type of agreement offers more stability, but with less opportunity to revisit lease terms.
Month-to-month lease: A month-to-month room rental agreement, also called a tenancy at will, renews every month until you or your tenant gives notice to terminate the agreement. While month-to-month arrangements offer more flexibility to revisit lease terms, they lack the stability of a fixed-term lease.
Required Landlord Disclosure
Delaware state law requires you to disclose certain information to your tenant before signing a lease.
Lead-based paint: For any home built before 1978, you must disclose any known information about lead-based paint and its hazards and provide the required EPA pamphlet.
Owner disclosure: Your lease agreement must include your name and contact information (Del. Code tit. 25, § 5105(a)).
Landlord-tenant Code: At the start of the lease, you must also give your tenant a copy of the Landlord-Tenant Code (Del. Code tit. 25, § 5118).
Bed bugs: Delaware law requires you to inspect for bed bugs before your tenant moves in and provide a written statement if any are found, as well as steps to take to prevent future infestations (Del. Code tit. 25, § 5317).
Legal representation: If your tenant’s income is below 200% of the federal poverty guidelines, they are entitled to legal representation in eviction cases, under some circumstances (Del. Code tit. 25, § 5602).
Security Deposit Rules
Most Delaware landlords choose to collect a security deposit to protect against potential expenses due to unpaid rent or excessive damages.
Maximum security deposit: For leases lasting longer than 12 months, you may charge up to 1 month’s rent as a security deposit. For month-to-month leases, there is no limit to what you can charge. However, you must refund any difference between the monthly rent and the collected security deposit after 12 months of tenancy (Del. Code titl. 25, § 5514(a)).
Pet deposits: Delaware law allows you to charge an additional pet deposit of up to 1 month’s rent. If your tenant’s pet causes any damage, you must first deduct for repairs from the pet deposit; if this amount does not cover the damages, you may deduct from the security deposit (Del. Code tit. 25, § 5514(i)).
Security deposit receipt: In Delaware, you must give your tenants a receipt for their security deposit payment, showing where you are holding the funds (Del. Code tit. 25, § 5514(b)).
Deduction tracking: In Delaware, you may withhold deductions from your tenant’s security deposit to cover damages. If you do so, you must provide an itemized list of deductions within 20 days of lease termination (Del. Code tit. 25, § 5514(f)).
Security deposit return: You must return the tenant’s security deposit, minus any deductions, within 20 days of lease termination (Del. Code tit. 25, § 5514(f)).
Rent Payment Rules
Other state laws apply to the payment and collection of rent for your Delaware room rental agreement.
Late rent fees: Delaware law allows you to charge a late fee up to 5% of the monthly rent amount (Del. Code tit. 25, § 5501(d)).
Right to withhold rent: In Delaware, tenants do not have the right to withhold rent (Del. Code tit. 25, § 5505(a)).
Grace period: You must offer your tenant a 5-day grace period before charging a late fee (Del. Code tit. 25 § 5501(d)).
Pet rent: You may charge a separate pet rent in addition to the deposit; however, your lease agreement must clearly outline the fee.
Rent Payment Increase Rules
Delaware allows you to increase rent, but there are certain protocols you must follow.
Rent payment increase frequency: Delaware does not have rent control or stabilization laws, meaning you can increase rent as needed, as long as you follow notice requirements.
Rent payment increase maximum: There are no statewide limits on how much you can increase rent; however, you must give your tenant proper notice.
Rent control/stabilization: Delaware does not have any rent control or rent stabilization laws.
Delaware Room Rental Agreement Breaches
If there are any breaches of your room rental agreement, Delaware law outlines steps you can take to help get things back on track.
Failure to pay: After the required 5-day grace period, you may issue a 5-day Notice to Pay or Quit (Del. Code tit. 25, § 5501(d), § 5502(a)).
Lease violations: For other lease violations, you may issue a 7-day Notice to Cure or Quit. For more serious violations, you may terminate the agreement immediately (Del. Code tit. 25, § 5513).
Self-help evictions: In Delaware, self-help evictions are illegal and should never be attempted (Del. Code tit. 25, § 5313).
Terminating a Delaware Room Rental Agreement
There are certain rules you must follow when terminating a room rental agreement in Delaware. Here’s what you need to know.
Fixed-term: A fixed-term Delaware room rental agreement ends on the date specified in the lease. However, there are certain life events that allow a tenant to terminate a fixed-term agreement, including active-duty military service, domestic violence, or landlord harassment (Del. Code tit. 25, § 5314((b)).
Month-to-month: Either you or your tenant can terminate a month-to-month agreement by giving 60 days’ written notice (Del. Code tit. 25, § 5106(d)).
Tenant’s right to terminate: Tenants may terminate their room rental agreement in Delaware if they experience certain life events, such as active-duty military service, landlord harassment, or domestic violence.
Room abandonment: State law can hold tenants who abandon their room rental agreement Delaware financially responsible for the remainder of the lease term and expenses associated with finding a new tenant (Del. Code tit. 25, § 5507(d)).
Landlord Access Laws
From time to time, you will have to enter the room, whether it’s to perform routine maintenance or for an emergency. State law requires you to balance the responsibility of maintaining your property with respecting the privacy of your tenant.
Advance notice: You must give your tenant at least 48 hours’ written notice for routine maintenance or repairs. This timeline changes, however, if the tenant requests a repair (Del. Code tit. 25, § 5509(b)).
Immediate access: If there is an emergency, you may enter the property at any time (Del. Code tit. 25, § 5509(b)).
Landlord harassment: If you do not give your tenant the required notice, or if you enter without a good reason, it gives your tenant a right to pursue lease termination due to landlord harassment (Del. Code tit. 25, § 5509(b)).
Lease Agreement Renewal and Termination
If you’re deciding whether to renew or terminate your room rental agreement in Delaware, here’s what you need to know.
Required renewals: You are not required to renew a Delaware room rental agreement at the end of its term.
Required notice: If you do not intend to renew your tenant’s room rental agreement in Delaware, you must give them at least 60 days’ written notice (Del. Code tit. 25, § 5106(d)).
Month-to-month considerations: A Delaware month-to-month lease agreement renews each month until one party gives proper notice. To terminate a tenancy at will, either party must give at least 60 days’ written notice (Del. Code tit. 25, § 5106(d)).
Room Rental Agreement Delaware FAQs
What to include in a Delaware room rental agreement?
For a room rental agreement in Delaware, landlords must include important details about the contract, including the rent amount and due date, security deposit terms, lease length, house rules, shared-space use, utilities, maintenance duties, guest and pet policies, and move-out requirements.
How do I legally rent out a room?
To legally rent out a room in Delaware, you must follow state and local codes. Create a written room rental agreement in Delaware using property management software that provides the required disclosures for you and your tenant to sign.
How to make a Delaware room rental agreement?
Use a simple Delaware room rental agreement template from a trusted landlord software. Choose a printable PDF you can fill out, customize with your rent terms, house rules, and disclosures. Then, have both parties sign and keep copies for your records.
