Delaware Required Landlord Disclosures

Learn about the disclosures that landlords in Delaware must provide tenants, usually in the lease or rental agreement.

Delaware requires landlords to make the following disclosures to tenants:

Owner or agent identity. On each written rental agreement, the landlord must prominently disclose the names and usual business addresses of all persons who are owners of the rental unit or the property of which the rental unit is a part, or the names and business addresses of their appointed resident agents. (25 Del. Code Ann. § 5105)

Summary of Landlord-Tenant Law. A summary of the Landlord-Tenant Code, as prepared by the Consumer Protection Unit of the Attorney General’s Office or its successor agency, must be given to the new tenant at the beginning of the rental term. If the landlord fails to provide the summary, the tenant may plead ignorance of the law as a defense. (25 Del. Code Ann. § 5118)

Nonrefundable fees. Nonrefundable fees are not permitted, except for an optional service fee for actual services rendered, such as a pool fee or tennis court fee. Tenant may elect, subject to the landlord's acceptance, to purchase an optional surety bond instead of or in combination with a security deposit. (25 Del. Code Ann. § 5311)

Check the Delaware statute (25 Del. Code Ann. § § 5105, 5118, 5311) for details on these disclosures. See the Laws and Legal Research section of Nolo for advice on finding and reading statutes and court decisions.

Also, check your local ordinance, particularly if your rental unit is covered by rent control, for any city or county disclosure requirements. To find yours, check your city or county website (many are listed on State and Local Government on the Net), or contact the office of your mayor, city manager, or county administrator.

Finally, see the Required Landlord Disclosures article for details on federally-required landlord disclosures and other information on disclosures about the rental property.

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