Delaware tenant screening laws

You may charge an application fee to check a tenant's credit worthiness of up to 10 percent of the monthly rent or $50, whichever is greater. Give a receipt for the full amount paid and keep complete records of application fees for at least two years (25 Del. C. § 5514(d)).

• Demanding more than the allowed fee entitles the applicant to double the fee charged (25 Del. C. § 5514(d)).
• Apart from an application fee, a security deposit, a surety bond fee, a pet deposit or a deposit that holds the unit for a set time, you may not ask for or take any other payment ("assurance money") from an applicant. A fee for a credit or other investigation may not exceed its actual cost (25 Del. C. § 5310(a)).
• Keep the records of every application for six months; the Attorney General's Consumer Protection Unit investigates complaints (25 Del. C. § 5310(b)).
• No nonrefundable fee may be charged as a condition of occupancy, other than an optional service fee for actual services (25 Del. C. § 5311).

You may not refuse to rent, or charge more rent, because 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 Delaware's Fair Housing Act protects (25 Del. C. § 5116(a), (b)).

• The voucher source-of-income changes were implemented January 1, 2026: the Housing Authority's notice in that day's Register confirms completion of the required short-term recommendations. You may not refuse an applicant because rent is paid through a voucher or other assistance program. The statutory exception for a housing authority's failure to follow the standardized tenancy-approval sequence remains. The act expires December 31, 2028 unless extended; check the law again before relying on the later version (25 Del. C. § 5116(e); 84 Del. Laws, c. 358, §§ 4, 5; 6 Del. C. § 4602(29); DSHA implementation notice, 29 DE Reg. 630 (Jan. 1, 2026)).
• You may still weigh income sufficiency and credit if you apply those standards in a commercially reasonable way without regard to source of income (25 Del. C. § 5116(g)).
• For covered housing, make reasonable changes to rules, policies, practices or services when needed for a person with a disability to use and enjoy the home equally. Review an assistance-animal request through that accommodation duty, separately from ordinary pet criteria; the statute retains its direct-threat and substantial-property-damage limits (6 Del. C. 4603A(a)(2), (f)).
• Do not use screening to ask whether an applicant, intended resident or associated person has a disability, or its nature or severity. The statute permits specified inquiries made of all applicants, including ability to meet tenancy requirements and qualification for disability-specific housing or priority. Check coverage and independent duties before relying on an exemption (6 Del. C. 4603A(a)(4); 4607).
• You may reserve units for senior citizens as the federal and Delaware fair housing acts allow (25 Del. C. § 5116(d)).
• A tenant who suffers discrimination may recover damages, including reasonable costs of substitute housing (25 Del. C. § 5116(c)).
• You may not require a tenant to declaw a cat as a condition of the lease (25 Del. C. § 5301(a)(4)).