Pet Addendum in Delaware

Adds pet terms to a lease. Assistance animals for people with disabilities are not pets: no pet fee or pet rent may be charged for them under federal fair housing rules.

What Delaware law says

Pet deposits and fees	A landlord may require a pet deposit separate from the security deposit, up to 1 month's rent regardless of lease length. Animal damage is deducted from the pet deposit first, then from the security deposit. No pet deposit may be required for a duly certified and trained support animal for a disabled resident. Nonrefundable fees as a condition of occupancy are generally prohibited (except optional service fees such as a pool fee) under 25 Del. C. § 5311. The pet deposit is subject to the same escrow, itemization and return rules as the security deposit (§ 5514(b), (e)–(h)). Fair housing law separately governs assistance animals. Re-verified 2026-10-27. Source: 25 Del. C. § 5514(i)
Service & support animals (state law)	A landlord may require a pet deposit of up to one month's rent, but may not require any pet deposit for a certified and trained support animal for a disabled resident of the unit. A 'support animal' is defined as an animal individually trained to do work or tasks for a disabled person. Delaware has no state statute on emotional support animal documentation or misrepresentation penalties; reasonable-accommodation requests are governed by state and federal fair housing law. Because the statutory definition requires individual training, the pet-deposit exemption may not reach untrained emotional support animals by its terms; federal Fair Housing Act rules may still bar the fee for an approved assistance animal. Re-verified 2026-10-27. Source: 25 Del. C. §§ 5514(i), 5141 (support animal)

Pet deposits and fees

A landlord may require a pet deposit separate from the security deposit, up to 1 month's rent regardless of lease length. Animal damage is deducted from the pet deposit first, then from the security deposit. No pet deposit may be required for a duly certified and trained support animal for a disabled resident. Nonrefundable fees as a condition of occupancy are generally prohibited (except optional service fees such as a pool fee) under 25 Del. C. § 5311.

The pet deposit is subject to the same escrow, itemization and return rules as the security deposit (§ 5514(b), (e)–(h)). Fair housing law separately governs assistance animals. Re-verified 2026-10-27.

Source: 25 Del. C. § 5514(i)

Service & support animals (state law)

A landlord may require a pet deposit of up to one month's rent, but may not require any pet deposit for a certified and trained support animal for a disabled resident of the unit. A 'support animal' is defined as an animal individually trained to do work or tasks for a disabled person. Delaware has no state statute on emotional support animal documentation or misrepresentation penalties; reasonable-accommodation requests are governed by state and federal fair housing law.

Because the statutory definition requires individual training, the pet-deposit exemption may not reach untrained emotional support animals by its terms; federal Fair Housing Act rules may still bar the fee for an approved assistance animal. Re-verified 2026-10-27.

Source: 25 Del. C. §§ 5514(i), 5141 (support animal)

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PET ADDENDUM to the lease for [rental address] dated [lease date]

Tenant: [tenant name] Pet(s): [type, breed, name, weight]

Pet deposit: $[pet deposit] (counts toward any state deposit limit where the law says so). Monthly pet rent: $[pet rent]

The tenant keeps the pet under control, cleans up after it, and pays for damage it causes beyond normal wear and tear.

Signatures and dates: [signatures]

Pet Addendum for other states · Delaware tenant rights

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.