General Provisions

Del. Code tit. 25, ch. 51

in effect

Del. Code tit. 25, § 5101 Applicability of Code.

(a) This Code shall regulate and determine all legal rights, remedies and obligations of all parties and beneficiaries of any rental agreement of a rental unit within this State, wherever executed. Any rental agreement, whether written or oral, shall be unenforceable insofar as the agreement or any provision thereof conflicts with any provision of this Code, and is not expressly authorized herein. The unenforceability shall not affect other provisions of the agreement which can be given effect without the void provision. (b) Any rental agreement for a commercial rental unit is excluded from this Code. All legal rights, remedies and obligations under any agreement for the rental of any commercial rental unit shall be governed by general contract principles; and only Chapter 57 of Title 25 and Part IV of Title 25 shall have any application to commercial rental agreements. (c) This Code shall apply to any relationship between parties arising by law under a conditional sales agreement which has been converted to a landlord/tenant agreement by operation of § 314(d)(3) of this title, but shall not apply to any other conditional sales agreement.

Del. Code tit. 25, § 5102 Exclusions from application of this Code [Effective until Mar. 8, 2027].

The following arrangements are not intended to be governed by this Code, unless created solely to avoid such application: (1) Residence at an institution, whether public or private, where such residence is merely incidental to detention or to the provision of medical, geriatric, educational, counseling, religious or similar services, including (but not limited to) prisons, student housing provided by a college or school, old-age homes, nursing homes, homes for unwed mothers, monasteries, nunneries and hospitals. (2) Residence by a member of a fraternal organization in a structure operated for the benefit of the organization. (3) Residence in a hotel, motel, cubicle hotel or other similar lodgings. (4) Nonrenewable rental agreements of 120 days or less for any calendar year for a dwelling located within the boundaries of Broadkill Hundred, Lewes-Rehoboth Hundred, Indian River Hundred, Baltimore Hundred and Cedar Creek Hundred. (5) A rental agreement for ground upon which improvements were constructed or installed by the tenant and used as a dwelling, where the tenant retains ownership or title thereto, or obtains title to existing improvement on the property. (6) A “certified recovery house” as defined in § 2201A of Title 16.

Del. Code tit. 25, § 5103 Jurisdiction.

Any person, whether or not a citizen or resident of this State, who owns, holds an ownership or beneficial interest in, uses, manages or possesses real estate situated in this State submits that person’s own self or such person’s personal representative to the jurisdiction of the courts of this State as to any action or proceeding for the enforcement of an obligation arising under this Code.

Del. Code tit. 25, § 5104 Obligations of good faith.

Every duty under this Code, and every act which must be performed as a condition precedent to the exercise of a right or remedy under this Code, imposes an obligation of good faith in its performance or enforcement.

Del. Code tit. 25, § 5105 Disclosure.

(a) On each written rental agreement, the landlord shall prominently disclose: (1) 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; and/or (2) The names and usual business addresses of any person who would be deemed a landlord of the unit pursuant to § 5141 of this title. (b) Where there is a written rental agreement, the landlord shall provide a copy of such written rental agreement to the tenant, free of charge. In the case of an oral agreement, the landlord shall, on demand, furnish the tenant with a written statement containing the information required by subsection (a) of this section. (c) Any owner or resident agent not dealing with the tenant as a landlord shall be responsible for compliance with this section by the landlord and may not take advantage of any failure to serve process upon such owner or resident agent in any proceeding arising under this Code where such failure is due to the owner or resident agent’s failure to comply with this section.

Del. Code tit. 25, § 5106 Rental agreement; term and termination of rental agreement.

(a) No rental agreement, unless in writing, shall be effective for a longer term than 1 year. (b) Where no term is expressly provided, a rental agreement for premises shall be deemed and construed to be for a month-to-month term. (c) Subject to the provisions of § 5512 of this title, the landlord may terminate any rental agreement, other than month-to-month agreements, by giving a minimum of 60 days’ written notice to the tenant prior to the expiration of the term of the rental agreement. The notice shall indicate that the agreement shall terminate upon its expiration date. A tenant may terminate a rental agreement by giving a minimum of 60 days’ written notice prior to the expiration of the term of the rental agreement that the agreement shall terminate upon its expiration date. (d) Where the term of the rental agreement is month-to-month, the landlord or tenant may terminate the rental agreement by giving the other party a minimum of 60 days’ written notice, which 60-day period shall begin on the first day of the month following the day of actual notice. (e) With regard to a tenant occupying a federally-subsidized housing unit, in the event of any conflict between the terms of this Code and the terms of any federal law, regulations or guidelines, the terms of the federal law, regulations or guidelines shall control.

Del. Code tit. 25, § 5107 Renewals of rental agreements with modifications.

(a) If the landlord intends to renew the rental agreement subject to amended or modified provisions, the landlord shall give the tenant a minimum of 60 days’ written notice prior to the expiration of the rental agreement that the agreement shall be renewed subject to amended or modified provisions, including, but not limited to, amended provisions relating to the length of term or the amount of security deposit or rent. Such notice shall specify the modified or amended provisions, the amount of any rent or security deposit and the date on which any modifications or amendments shall take effect. (b) After receipt of such notice from the landlord, unless the tenant notifies the landlord of the tenant’s intention to terminate the existing rental agreement a minimum of 45 days prior to the last day of the term, the provisions of the amended or modified rental agreement shall be deemed to have been accepted and agreed to by the tenant, and the terms of the lease, as amended, shall take full force and effect. (c) If the tenant rejects the modified terms or provisions set forth in a notice of renewal given under this section, then the rejected notice of renewal shall be considered an effective termination notice. (d) The terms of subsections (a) through (c) of this section shall not be applicable where the tenant’s rent and security deposit are a function of the tenant’s income in accordance with any form of regulations or guidelines of the United States Department of Housing and Urban Development (HUD); in the event that they are a function of income, the regulations and guidelines established by HUD with regard to the determination and future adjustments of a tenant’s rent and security deposit shall govern. With regard to a tenant’s occupying HUD-subsidized units, in the event of any conflict between the terms of this Code and the terms of any HUD regulation or guideline, the terms of a HUD regulation or guideline shall control.

Del. Code tit. 25, § 5108 Rental agreement; automatic extension of agreements where parties fail to terminate or renew subject to modifications.

(a) Where a rental agreement, other than for farm unit, is for 1 or more years, and 60 days or upward before the end of the term either the landlord does not give notice in writing to the tenant of landlord’s intention to terminate the rental agreement and the tenant does not give 45 days’ notice to the landlord of tenant’s intention to terminate the rental agreement, the term shall be month-to-month, and all other terms of the rental agreement shall continue in full force and effect. (b) The provisions of § 5107(a) through (c) of this title shall control if a notice of renewal with modifications has been sent. (c) With regard to a tenant occupying a federally-subsidized housing unit, in the event of any conflict between the terms of this Code and the terms of any federal law, regulations or guidelines, the terms of the federal law, regulations or guidelines shall control.

Del. Code tit. 25, § 5109 Rental agreement; promises mutual and dependent.

(a) Material promises, agreements, covenants or undertakings of any kind to be performed by either party to a rental agreement shall be interpreted as mutual and dependent conditions to the performance of material promises, agreements, covenants and undertakings by the other party. (b) A party undertaking to remedy a breach by the other party in accordance with this Code shall be deemed to have complied with the terms of this Code if their noncompliance with the exact instructions of this Code is nonmaterial and nonprejudicial to the other party.

Del. Code tit. 25, § 5110 Rental agreement; effect of unsigned rental agreement.

(a) If the landlord does not sign a written rental agreement which has been signed and tendered to the landlord by the tenant, acceptance of rent without reservation by the landlord shall give to the rental agreement the same effect as if it had been signed by the landlord. (b) If the tenant does not sign a written rental agreement which has been signed and tendered to the tenant by the landlord, acceptance of possession and payment of rent by the tenant, without reservation, shall give to the rental agreement the same effect as if it had been signed by the tenant. (c) Where a rental agreement which has been given effect by the operation of this section provides by its terms for a term longer than 1 year, it shall operate to create only a 1-year term.

Del. Code tit. 25, § 5111 Attorneys’ fees prohibited.

No provision in a rental agreement providing for the recovery of attorneys’ fees by either party in any suit, action or proceeding arising from the tenancy shall be enforceable.

Del. Code tit. 25, § 5112 Time computation.

In computing any period of time prescribed or allowed by order of the Court or by any applicable statute, the day of the act, event or default from which the designated period of time begins to run shall not be included unless specifically included by statute, order or rule. The last day of the period so computed shall be included, unless it is a Saturday, Sunday or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday or a legal holiday. When the period of time prescribed or allowed is less than 7 days, intermediate Saturdays, Sundays and legal holidays shall be excluded from the computation.

Del. Code tit. 25, § 5113 Service of notices or pleadings and process.

(a) Any notice or service of process required by this Code shall be served either personally upon the tenant or landlord or upon the tenant by leaving a copy thereof at the person’s rental unit or usual place of abode with an adult person residing therein; and upon the landlord by leaving a copy thereof at the landlord’s address as set forth in the lease or as otherwise provided by landlord with an adult person residing therein, or with an agent or other person in the employ of the landlord whose responsibility it is to accept such notice. If the landlord is an artificial entity, pursuant to Sup. Ct. R. 57, service of the notice or process may be made by leaving a copy thereof at its office or place of business as set forth in the lease with an agent authorized by appointment or by law to receive service of process. (b) In lieu of personal service or service by copy of the notice or process required by this Code, a copy of such notice or process may be sent by registered or certified mail or first-class mail as evidenced by a certificate of mailing postage-prepaid, addressed to the tenant at the leased premises, or to the landlord at the landlord’s business address as set forth in the lease or as otherwise provided by landlord, or if the landlord is an artificial entity, pursuant to Sup. Ct. R. 57, at its office or place of business. The return receipt of the notice, whether signed, refused or unclaimed, sent by registered or certified mail, or the certificate of mailing if sent by first-class mail, shall be held and considered to be prima facie evidence of the service of the notice or process. (c) In the alternative, service of notice or process may also be obtained by 1 of the following 2 alternatives: (1) Posting of the notice on the rental unit, when combined with a return receipt or certificate of mailing; or (2) Personal service by a special process-server appointed by the Court.

Del. Code tit. 25, § 5114 Notice; contractual notice between the parties.

A person has notice of a fact if: (1) The person has actual knowledge of it; (2) The person has received a notice pursuant to the provisions of this Code; or (3) From all the facts and circumstances known at the time in question, such person has reason to know that it exists.

Del. Code tit. 25, § 5115 Application for a forthwith summons.

Where the landlord alleges and by substantial evidence demonstrates to the Court that a tenant has caused substantial or irreparable harm to landlord’s person or property, or where the tenant alleges and by substantial evidence demonstrates to the Court that the landlord has caused substantial or irreparable harm to the tenant’s person or property, the Justice of the Peace Court shall issue a forthwith summons to expedite the Court’s consideration of the allegations.

Del. Code tit. 25, § 5116 Fair housing provisions [For application of this section, see 84 Del. Laws, c. 358, § 4] [Effective until Dec. 31, 2028].

(a) No person, being an owner or agent of any real estate, house, apartment or other premises, may refuse or decline to rent, subrent, sublease, assign, or cancel any existing rental agreement to or of any tenant or any person by reason of race, creed, religion, marital status, color, sex, sexual orientation, gender identity, national origin, disability, age, source of income, occupation, military status, housing status, familial status, or any other basis protected under Chapter 46 of Title 6. (b) No person may demand or receive a greater sum as rent for the use and occupancy of any premises because the person renting or desiring to rent the premises is of a particular race, creed, religion, marital status, color, sex, sexual orientation, gender identity, national origin, disability, age, source of income, occupation, military status, housing status, familial status, or any other basis protected under Chapter 46 of Title 6. (c) In the event of discrimination under this section, the tenant may recover damages sustained as a result of the landlord’s action, including reasonable expenditures necessary to obtain adequate substitute housing. (d) (1) Notwithstanding subsection (a) of this section relating to age discrimination, and consistent with the federal Fair Housing Act [42 U.S.C. § 3601 et seq.] and the Delaware Fair Housing Act, Chapter 46 of Title 6, a landlord may make rental units available exclusively for rental by senior citizens. (2) A senior citizen rental unit under paragraph (d)(1) of this section must otherwise be available for rent solely to senior citizens, without regard to race, creed, religion, marital status, color, sex, sexual orientation, gender identity, national origin, disability, source of income, occupation, military status, housing status, familial status, or any other basis protected under Chapter 46 of Title 6. (e) (1) The public housing authorities must implement the standardized sequence of processing a request for tenancy approval recommended by the third-party consultant in the May 2024 report, “Alignment of Delaware Housing Choice Voucher Programs to Create Efficiencies and Increase Landlord Engagement,” prepared for the Delaware State Housing Authority. (2) If a public housing authority fails to comply with the standardized sequence of processing a request for tenancy approval under paragraph (e)(1) of this section, a landlord may deny a rental application to ensure the reliable and timely supply of housing units. (3) The denial of a rental application under paragraph (e)(2) of this section may not serve as the basis for any administrative or judicial proceeding under this chapter. (f) The prohibitions in this section against discrimination based on source of income shall not limit the ability of a landlord participating in any government sponsored rental assistance program, voucher, or certificate system from reserving rental units for tenants who qualify for such governmental program. (g) The prohibitions in this chapter against discrimination based on source of income shall not limit the ability of any landlord or prospective landlord to consider the sufficiency or sustainability of income of, or the credit rating of, a tenant or prospective tenant, so long as sufficiency or sustainability of income, and the credit requirements, are applied in a commercially reasonable manner and without regard to source of income. (h) A distinction or differential treatment on the basis of military status that is allowed by Delaware law or regulation, federal law or regulation, or government contract is not a violation of this section.

Del. Code tit. 25, § 5117 Remedies for violation of the rental agreement or the Code.

(a) For any violation of the rental agreement or this Code, or both, by either party, the injured party shall have a right to maintain a cause of action in any court of competent civil jurisdiction. (b) In satisfaction of any judgment obtained by the landlord for rental arrearage or unlawful destruction of property, the wages of the judgment debtor may be attached in the manner provided by law.

Del. Code tit. 25, § 5118 Summary of residential landlord-tenant code.

A summary of the Landlord-Tenant Code, as prepared by the Consumer Protection Unit of the Attorney General’s Office or its successor agency, shall 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.

Del. Code tit. 25, § 5119 [Reserved.]

Del. Code tit. 25, § 5120 Landlord liens; distress for rent.

(a) The right of the landlord of distress for rent is hereby abolished, except as otherwise provided herein. (b) Unless perfected before the effective date of this Code, no lien on behalf of the landlord in the personal property and possessions of the tenant shall be enforceable, except as otherwise provided herein.

Del. Code tit. 25, § 5121 Confession of judgment.

A provision of a written rental agreement authorizing a person other than the tenant to confess judgment against the tenant is void and unenforceable.

Del. Code tit. 25, § 5122 Equitable jurisdiction relating to converted conditional sales agreements.

In addition to any other equitable authority granted to, or inherent in the powers of, the Justice of the Peace Court to hear and properly dispose of actions brought under Chapters 51 through 57, 63 and 70 of this title, that Court shall have the equitable jurisdiction, concurrent with the Court of Chancery, to fully determine the rights of all parties at the time of hearing any matter brought pursuant to the conversion of a conditional sales agreement to a landlord/tenant agreement by operation of § 314(d)(3) of this title. Such authority shall include, but not be limited to, an accounting for all payments made under the conditional sales agreement prior to the conversion of the contract to a landlord/tenant agreement.

Del. Code tit. 25, § 5123 Tenant employee.

(a) When the employment of a tenant employee is terminated by the employer, if the employer is the landlord or the management agent of the landlord, and no written rental agreement is in effect, the landlord must offer the tenant employee the opportunity to enter into a written rental agreement, for a specified monthly rent, of the dwelling place where the tenant employee is residing or, if available, equivalent substitute housing. The landlord’s offer of a written rental agreement may be conditioned on the tenant employee financially qualifying as a tenant and meeting the landlord’s income, credit, or other financial requirements for rent of the dwelling place. The offer of a written rental agreement must be made within 5 business days of termination of employment. (b) At the time of hire or move in, a landlord must provide a tenant employee with a written disclosure form to be signed by both the tenant employee and the landlord, advising the person of all conditions and requirements for occupying and vacating the dwelling place prior to occupancy. The disclosure form must include notice of the right to continued occupancy after termination described in subsection (a) of this section. A written disclosure form is not required if the tenant employee’s rights and responsibilities are disclosed in the written rental agreement or an addendum to the written rental agreement. (c) This section does not apply if the tenant employee’s termination is for cause.

Del. Code tit. 25, § 5124 Rights and responsibilities guide for landlords and tenants [For application of subsections (a)-(d) and (g), see 85 Del. Laws, c. 277, § 5; for application of subsections (e) and (f), see 85 Del. Laws, c. 277, § 6].

(a) For purposes of this section: (1) “Guide” means the informational guide under § 2925A of Title 24, which contains information about the rights and responsibilities of landlords and tenants. (2) “Real estate service provider” means as defined in § 2902 of Title 24. (b) As provided under subsection (c) of this section, a landlord or real estate service provider shall provide the guide to a prospective tenant entering into a landlord-tenant relationship governed under Part III of this title. (c) (1) The guide must be provided before a prospective tenant enters into the rental agreement. (2) The prospective tenant shall acknowledge receipt of the guide under paragraph (c)(1) of this section. (3) The landlord or real estate service provider shall provide the guide to a tenant at each time a rental agreement is renewed, if the renewal is for a term of 1 or more years. (4) The acknowledgement under paragraph (c)(2) of this section and the guide may be in electronic or paper format. (d) (1) An individual may reference the guide for informational purposes during a legal proceeding. Except as provided in paragraph (d)(2) of this section, there is no legal cause of action against any individual based on outdated or incorrect information contained in the guide. (2) An individual may have an equitable defense for good faith reliance on the information provided in the guide. (e) The guide is deemed to be a statutorily required form under § 2912(a)(11) of Title 24. (f) A violation of subsection (b) of this section is deemed an unlawful practice under § 2513 of Title 6 and a violation of subchapter II of Chapter 25 of Title 6. (g) If a landlord or real estate service provider is required to a make a disclosure or provide a document under other law, provision of the guide containing the same document or disclosure is not sufficient to satisfy that requirement, unless permitted by law.

Del. Code tit. 25, § 5125 Surrender of rental unit keys.

(a) If a lease requires the surrender of rental unit keys as a condition for return of a security deposit, the lease must provide a clear procedure for the surrender and may not require surrender prior to the end of the lease term. (b) If the last day of the lease falls on a Saturday, Sunday, legal holiday, or other day on which the leasing management office is closed, possession of the rental unit shall be considered to have been returned on the date either of the following occurs: (1) Tenant surrenders keys to the rental unit in accordance with the procedures set forth in the lease. (2) Tenant completes the procedure under subsection (d) of this section. (c) If there is more than 1 tenant on the lease, possession is considered to have been returned to the landlord only when all tenants on the lease have complied with the key surrender procedure set forth in the lease, or as provided in subsection (d) of this section. (d) If the lease does not provide a clear procedure for the surrender of keys, and the landlord has not provided written instructions for surrender of keys prior to the end of the lease, a tenant may surrender the keys through any of the following methods: (1) If the last day of the lease term falls on a Saturday, Sunday, legal holiday, or other day on which the leasing management office is closed, the tenant may surrender the keys to the landlord in person on the next business day following the expiration of the lease term. (2) A tenant may leave the keys in the rental unit or secured drop box identified by the landlord or leasing office, with written notice to the landlord in reference to where the keys are placed and the date of return. If the landlord provides a secure drop box under this paragraph, the landlord must clearly label the drop box as secured and the tenant’s duty to surrender the keys is completed once the keys are deposited in the secured drop box.

Del. Code tit. 25, § 5141 Definitions [Effective until Mar. 8, 2027].

For purposes of Part III of this title: (1) “Action” shall mean any claim advanced in a court proceeding in which rights are determined. (2) “Bed bug infestation” means the presence of bed bugs in real property rented for residential purposes. (3) “Bed bug remediation” means action taken by the landlord that substantially reduces the presence of bed bugs in a dwelling unit for at least 60 days. (4) “Building and housing codes” shall include any law, ordinance or governmental regulation concerning fitness for habitation or the construction, maintenance, operation, occupancy, use or appearance of any premises or dwelling unit. (5) “Certificate of mailing” shall mean United States Postal Form No. 3817, or its successor. (6) “Commercial rental unit” shall mean any lot, structure or portion thereof, which is occupied or rented solely or primarily for commercial or industrial purposes. (7) “Deceased sole tenant” shall mean the sole leaseholder under a residential rental agreement entitled to occupy a residential rental unit to the exclusion of all others who has died. The right of nonleaseholder authorized occupant(s) of the residential rental unit, if any, to occupy the residential rental unit at the sole discretion of the deceased sole tenant while that tenant was alive shall immediately terminate upon the death of the sole tenant. The deceased sole tenant is also referred to as the “decedent” pursuant to § 2306(c)(3) of Title 12. (8) “Disabled or handicapped” person shall have the same meaning as found in the Americans with Disabilities Act (1992) [42 U.S.C. § 12101 et seq.] as amended. (9) “Domestic abuse” shall mean any act or threat against a victim of domestic abuse or violence that either constitutes a crime under Delaware law or any act or threat that constitutes domestic violence or domestic abuse as defined anywhere in the Delaware Code. Domestic abuse can be verified by an official document, such as a court order, or by a reliable third-party professional, including a law-enforcement agency or officer, a domestic violence or domestic abuse service provider, or health care provider. It is the domestic violence or abuse victim’s responsibility to provide the reliable statement from the reliable third party. (10) “Equivalent substitute housing” shall mean a rental unit of like or similar location, size, facilities and rent. (11) “Extended absence” shall mean any absence of more than 7 days. (12) “Forthwith summons” shall mean any summons requiring the personal appearance of a party or person or persons at the earliest convenience of the court. (13) “Gender identity” means a gender-related identity, appearance, expression or behavior of a person, regardless of the person’s assigned sex at birth. (14) “Good faith dispute” shall mean the manifestation of an honest difference of opinion relating to the rights of the parties to a rental agreement pursuant to such agreement, or pursuant to this Code. (15) “Holdover” or “holdover tenant” shall mean a tenant who wrongfully retains possession or who wrongfully exercises control of the rental unit after the expiration or termination of the rental agreement. (16) “Housing status” means as defined in § 4602 of Title 6. (17) “Injunction” shall mean a court order prohibiting a party from doing an act or restraining a party from continuing an act. (18) “Landlord” shall mean: a. The owner, lessor or sublessor of the rental unit or the property of which it is a part and, in addition, shall mean any person authorized to exercise any aspect of the management of the premises, including any person who, directly or indirectly, receives rents or any part thereof other than as a bona fide purchaser and who has no obligation to deliver the whole of such receipts to another person; or b. Any person held out by any landlord as the appropriate party to accept performance, whether such person is a landlord or not; or c. Any person with whom the tenant normally deals as a landlord; or d. Any person to whom the person specified in paragraphs (18)b. and c. of this section is directly or ultimately responsible. (19) “Legal holiday” shall mean any date designated as a legal holiday under § 501 of Title 1. (20) “Local government unit” shall mean a political subdivision of this State, including, but not limited to, a county, city, town or other incorporated community or subdivision of the subdivision providing local government service for residents in a geographically limited area of the State as its primary purpose, and has the power to act primarily on behalf of the area. (21) “Military status” means status as any of the following: a. A member of the uniformed forces, as defined in 10 U.S.C. § 101, or a reserve component thereof listed under 10 U.S.C. § 10101. b. A “veteran” as defined in 38 U.S.C. § 101. c. A “dependent” of a servicemember as defined in 50 U.S.C. § 3911. (22) “Month to month” shall mean a renewable term of 1 month. (23) “Normal wear and tear” shall mean the deterioration in the condition of a property or premises by the ordinary and reasonable use of such property or premises. (24) a. “Owner” shall mean 1 or more persons, jointly or severally, in whom is vested: 1. All or part of the legal title to property; or 2. All or part of the beneficial ownership, usufruct and a right to present use and enjoyment of the premises. b. The word “owner” shall include a mortgagee in possession. (25) “Person” shall include an individual, artificial entity pursuant to Sup. Ct. R. 57, government or governmental agency, statutory trust, business trust, 2 or more persons having a joint or common trust or any other legal or commercial entity. (26) “Pest management professional” means a person who is licensed by the State to engage in the business of applying pesticides to the lands or personal property of another. (27) “Pet deposit” shall mean any deposit made to a landlord by a tenant to be held for the term of the rental agreement, or any part thereof, for the presence of an animal in a rental unit. (28) “Premises” shall mean a rental unit and the structure of which it is a part, and the facilities and appurtenances therein, grounds, areas and facilities held out for the use of tenants generally, or whose use is contracted for between the landlord and the tenant. (29) “Protective hairstyle” includes braids, locks, and twists. (30) “Race” includes traits historically associated with race, including hair texture and a protective hairstyle. (31) “Rental agreement” shall mean and include all agreements, written or oral, which establish or modify the terms, conditions, rules, regulations or any other provisions concerning the use and occupancy of a rental unit. (32) “Rental unit,” “dwelling unit” or “dwelling place” shall mean any house, building, structure, or portion thereof, which is occupied, rented or leased as the home or residence of 1 or more persons. (33) “Security deposit” shall mean any deposit, exclusive of a pet deposit, given to the landlord which is to be held for the term of the rental agreement or for any part thereof. (34) “Senior citizen” shall mean any person, 62 years of age or older, regardless of the age of such person’s spouse. (35) The terms “sexual offenses” and “stalking” shall here have the same meanings as in Title 11. Sexual offenses and stalking can be verified by an official document, such as a court order, or by a reliable third party professional, including a law-enforcement agency or officer, a sexual assault service provider, or health care provider. It is the sexual assault or stalking victim’s responsibility to provide the reliable statement from the reliable third party. (36) “Sexual orientation” includes heterosexuality, homosexuality, bisexuality, asexuality, or pansexuality. (37) “Source of income” shall have the meaning given in § 4602 of Title 6. (38) “Support animal” shall mean any animal individually trained to do work or perform tasks to meet the requirements of a disabled person, including, but not limited to, minimal protection work, rescue work, pulling a wheelchair or retrieving dropped items. (39) “Surety bond fee or premium” shall mean the amount of money the tenant pays to the surety for enrollment in a surety bond program in lieu of posting a security deposit. (40) “Tenant” shall mean a person entitled under a rental agreement to occupy a rental unit to the exclusion of others, and the word “tenant” shall include an occupant of any premises pursuant to a conditional sales agreement which has been converted to a landlord/tenant agreement pursuant to § 314(d)(3) of this title. (41) “Tenant employee” means an individual employed by the landlord, or landlord’s management agent, who is provided with a dwelling place as part of that individual’s compensation. (42) “Utility services” shall mean water, sewer, electricity or fuel.

Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title25/c051/sc01/index.htmlFetched: 10/4/2026