Delaware Privacy, Guests & Animal Rules
Delaware rules on privacy, guests & animals for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: No landlord-specific statute, but Delaware's privacy law applies directly: it is a crime to install, in any private place, a device for observing, photographing or recording sounds or events without the consent of the persons entitled to privacy there, or to use a device outside a… 11 Del. C. § 1335(a)(1)-(4), (6); 25 Del. C. § 5509
The rules in Delaware
| Cameras & privacy | No landlord-specific statute, but Delaware's privacy law applies directly: it is a crime to install, in any private place, a device for observing, photographing or recording sounds or events without the consent of the persons entitled to privacy there, or to use a device outside a private place to pick up sounds from inside that would not ordinarily be audible. Recording people undressing where they expect privacy, and intercepting private communications without consent, are also crimes. A tenant is the person entitled to privacy in the rented unit, so a landlord may not install recording devices inside it without the tenant's consent. The landlord must give at least 48 hours' notice before entering (except tenant-requested repairs), may enter only 8:00 a.m. to 9:00 p.m., and may not use access to harass (§ 5509(b)). Re-verified 2026-10-27. |
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| Guests & occupants | No statute on guests versus tenants, occupancy limits or roommate rights — the lease governs. Tenants and their guests must behave so as not to unreasonably interfere with other tenants' peaceful enjoyment, and landlords may adopt reasonable written rules that meet statutory conditions. A revised § 5512 takes effect March 8, 2027. Local codes may set occupancy limits. Re-verified and corrected 2026-10-27. Source: 25 Del. C. §§ 5511, 5512 |
| 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. |
Related questions
- Can a landlord put cameras in or around a rental?
- Can a landlord limit overnight guests or roommates?
- Can a landlord deny a service or emotional support animal?
Delaware vs. neighboring states
| State | Cameras & privacy | Guests & occupants | Service & support animals (state law) |
|---|---|---|---|
| Delaware | No landlord-specific statute, but Delaware's privacy law applies directly: it is a crime to install, in any private place, a device for observing, photographing or recording sounds or events without the consent of the persons entitled to privacy there, or to use a device outside a private place to pick up sounds from inside that would not ordinarily be audible. Recording people undressing where they expect privacy, and intercepting private communications without consent, are also crimes. 11 Del. C. § 1335(a)(1)-(4), (6); 25 Del. C. § 5509 | No statute on guests versus tenants, occupancy limits or roommate rights — the lease governs. Tenants and their guests must behave so as not to unreasonably interfere with other tenants' peaceful enjoyment, and landlords may adopt reasonable written rules that meet statutory conditions. 25 Del. C. §§ 5511, 5512 | 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. 25 Del. C. §§ 5514(i), 5141 (support animal) |
| Maryland | No landlord-specific statute, but strong criminal rules apply. A person may not place a camera on real property where a private residence is located to deliberately and secretly observe someone inside the residence. It is not a defense that the defendant owns the residence. Exceptions include cameras placed with an adult resident's consent and cameras without intent to secretly observe people inside. Violations are a misdemeanor (up to 1 year and/or $2,500) and give the person observed a civil claim for damages and attorney fees. Secret surveillance with prurient intent in a private place such as a bedroom or bathroom is separately a crime. Recording private conversations generally requires the consent of ALL parties. Md. Code, Crim. Law § 3-903; § 3-902; Cts. & Jud. Proc. § 10-402(c)(3) | No statute — the lease governs guests, occupancy limits and roommates. Maryland's landlord-tenant title doesn't define guest versus tenant or give roommate rights. Fair housing law bars discrimination based on familial status and marital status. Md. Code, Real Prop. Title 8, Subtitles 1-4 (checked); State Gov't § 20-705 | A person with a disability (or a parent of a minor child with a disability) who has or wants a service animal is entitled to full and equal access to housing, and cannot be charged extra for the service animal. The tenant may be liable for damage the animal causes. State law defines 'service animal' as an animal individually trained to do work or tasks for a person with a disability. State fair housing law also bans disability discrimination in rentals. No state statute sets documentation rules for emotional support animals or penalizes misrepresenting an animal. Md. Code, Human Servs. §§ 7-701(g), 7-704(c); State Gov't § 20-705 |
| New Jersey | No landlord-specific camera statute. It is a crime to observe another person without consent, knowing one is not licensed or privileged to do so, where a reasonable person would know the person may expose intimate parts or engage in sexual activity and would not expect to be observed. The same statute separately criminalizes photographing, filming, or recording such a person and disclosing such images. N.J.S.A. 2C:14-9 | No statute — lease governs guests and occupants. Leases may set conditions of occupancy and restrictions on subletting or assignment. N.J.S.A. 46:8-44 to -47 (Truth in Renting Act); lease | Under the Law Against Discrimination, a person with a disability, or who is blind or deaf, who has or obtains a service or guide dog is entitled to full and equal access to all housing and may not be charged extra for the dog; a no-pets lease clause does not apply to it, and the tenant is liable for damage the dog causes. Seniors in covered senior citizen housing projects (3+ units) may keep pets after written notice to the landlord. No state statute sets emotional support animal documentation rules or penalizes misrepresentation in housing. N.J.S.A. 10:5-29.2; N.J.S.A. 2A:42-103 et seq. (Pets in Housing Projects) |
| Pennsylvania | No landlord-specific statute. Viewing or recording a person without knowledge and consent, for sexual gratification, while the person is fully or partially nude in a place with a reasonable expectation of privacy (or recording intimate parts not intended to be publicly visible) is criminal invasion of privacy. Intercepting oral, wire or electronic communications is a third-degree felony unless all parties consent (two-party/all-party consent state). 18 Pa.C.S. §§ 7507.1, 5703, 5704(4) | In tenement buildings and multiple dwelling premises (three or more households), tenants have a non-waivable right to invite social guests, family or visitors for a reasonable period of time, and business visitors, tradesmen and deliverymen, as long as tenant obligations are observed; the landlord may not charge any fee or extra rent for exercising these rights. Tenants must not let persons on the premises with their permission willfully damage the property or disturb other tenants. No statewide occupancy limit or roommate statute. 68 P.S. §§ 250.501-A, 250.503-A, 250.504-A | The Pennsylvania Human Relations Act makes it unlawful to refuse to lease housing, or to discriminate in terms, because of disability or because of the use of a guide animal (blindness or deafness) or support animal (physical handicap), or because a person is a handler or trainer of guide or support animals; inquiries and records about such animal use in connection with a lease are restricted. Pennsylvania has no statute specifically on emotional support animal documentation, misrepresentation penalties or pet-fee limits. 43 P.S. § 955(h)(1), (h)(6) (PHRA § 5(h)) |
More Delaware rental law
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- Delaware Notice to Vacate Rules
- Landlord Entry Rules in Delaware
- Delaware Repairs & Tenant Remedies
- Delaware Rent Increase & Late Fee Laws
- Breaking a Lease in Delaware
- Squatters' Rights in Delaware
- Delaware Rental Fee Rules
- Delaware Section 8, Records & Right to Counsel
- Delaware Mold, Pests, Heat & AC Rules
- Delaware Landlord Selling the House
- Delaware Lockouts, Utility Shutoffs & Retaliation
- Delaware Subletting, Lease Endings & Tenant Death
- All Delaware landlord-tenant rules
- Free legal help in Delaware
Compare privacy, guests & animals in all 50 states and DC →
Delaware Privacy, Guests & Animal Rules FAQ
Can a landlord put cameras in or around a rental in Delaware?
No landlord-specific statute, but Delaware's privacy law applies directly: it is a crime to install, in any private place, a device for observing, photographing or recording sounds or events without the consent of the persons entitled to privacy there, or to use a device outside a private place to pick up sounds from inside that would not ordinarily be audible. Recording people undressing where they expect privacy, and intercepting private communications without consent, are also crimes. (11 Del. C. § 1335(a)(1)-(4), (6); 25 Del. C. § 5509)
Can a landlord limit guests or roommates in Delaware?
No statute on guests versus tenants, occupancy limits or roommate rights — the lease governs. Tenants and their guests must behave so as not to unreasonably interfere with other tenants' peaceful enjoyment, and landlords may adopt reasonable written rules that meet statutory conditions. (25 Del. C. §§ 5511, 5512)
Can a landlord deny a service or emotional support animal in Delaware?
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. (25 Del. C. §§ 5514(i), 5141 (support animal))
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.