Delaware Rental Rights
A more complete listing of the Delaware landlord – tenant code will be found in the Delaware code sections numbered 5101 to 5718 although this article will give you a good summary of the most important Delaware rental rights that both a tenant and a landlord should be aware of.
Security deposit – Delaware rental rights – Delaware rental rights are very favorable for the tenant. The landlord may charge only the equivalent of one month’s rent as security deposit when renting out a property. This amount can be more than a month’s rent if the apartment is furnished or if the tenant will be staying for a period that is less than one year. When a tenant gives a security deposit to a landlord, Delaware rental rights will require that the landlord hold the money in an escrow account. The landlord will also have to agree to not use the money for any purpose and will also have to disclose the details of the bank in which the security deposit is being held in escrow.
Tenant obligations – Delaware rental rights – Delaware rental rights are such that a tenant is responsible for the general maintenance of a clean and functioning apartment. Unlike many other states, Delaware rental rights guidelines also require that the tenant maintain the plumbing of an apartment or rented residence in good order. Repairs, modifications and redecorations are not to be carried out without the consent of the landlord.
Eviction – Delaware rental rights – A landlord can initiate an eviction process if the tenant is found guilty of not paying rent of if the tenant has broken the terms of the lease agreement. However, even when there are grounds for eviction, Delaware rental rights will give some cushioning to the tenant in terms of allowing them some time to move out. For example, Delaware rental rights will give the tenant a period of 5 days to move out after an eviction notice has been served for not paying rent. The period is 7 days when the tenant is served an eviction notice for breaking non payment terms of a lease or rental agreement. A landlord is required to first file a complaint with the Delaware court before serving the tenant with an eviction notice and tenants can demand to see the court papers as part of their Delaware rental rights when they are confronted with an eviction notice.
Payment of rent – Delaware rental rights – Delaware rental rights will allow a grace period of five days for paying rent. This will mean that landlords cannot charge late fees if the tenant is late by less than 5 days. If the tenant pays rent after the 5 day grace period, Delaware rental rights guidelines will restrict the amount of the late fee to less than 5% of the total monthly rent. If a tenant is not able to pay rent even after the five day grace period, the landlord has the right to serve an eviction notice to the tenant.
Damages from fire – Delaware rental rights – If a rental property is damaged by fire or other disasters, Delaware rental rights will allow a tenant to break a lease if the property is unsafe to live in. The tenant is also entitled to receive a full refund on the security deposit and might also be able to get back a portion of the rent that is already paid for the month.