Delaware Room Rental Agreement

Rent out a room in your home or apartment: private room, shared areas, house rules, utilities split, deposit and notice terms that follow your state's law.

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Delaware rules that this document follows

Security deposit limit1 month's rent for leases of 1 year or more; no cap for month-to-month tenancies or furnished units; pet deposit up to 1 monthSource: 25 Del. C. § 5514(a)
Deposit return deadline20 days after move-outSource: 25 Del. C. § 5514(f)
Interest on depositNot requiredSource: 25 Del. C. § 5514(b) (escrow account required; no interest to tenant)
Late feesMax 5% of monthly rent; landlord must maintain office in county or grace is 8 daysSource: 25 Del. C. § 5501(d)
Landlord entry notice48 hoursSource: 25 Del. C. § 5509(b)
Notice to end month-to-monthLandlord 60 days / Tenant 60 daysSource: 25 Del. C. § 5106(d)

Rules current as of 2026-09-07. Statutes change; verify before relying on them.

How to use this Room Rental Agreement in Delaware

Describe the room and the shared areas precisely, set utilities as a fixed charge to avoid monthly arguments, and put guest, quiet-hour and cleaning rules in writing. Give the renter a copy and a receipt for the deposit.

If you are a tenant subletting a room, confirm your lease allows it and get your landlord's written consent first.

Frequently asked questions

Do landlord-tenant laws apply when I rent a room in my own home in Delaware?

In most states yes, including deposit rules and eviction procedures, although some states exempt owner-occupied homes from certain rules (for example, parts of fair-housing law under the 'Mrs. Murphy' exemption). This agreement follows Delaware's general residential rules to be safe.

Can I remove a roommate without going to court?

No. Once a person is a paying occupant, self-help removal is illegal. Serve the Delaware notice and, if needed, file an eviction case.

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FormsByState provides self-help document templates and general information, not legal advice. We are not a law firm. For advice about your situation consult a licensed attorney in your state.