Delaware Rental Fee Rules
Delaware rules on rental fees for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: Capped at the greater of 10% of the monthly rent or $50. Landlord must give a receipt for the full amount and keep application-fee records for at least 2 years; 25 Del. C. §§ 5514(d), 5310
The rules in Delaware
| Application / screening fees | Capped at the greater of 10% of the monthly rent or $50. Landlord must give a receipt for the full amount and keep application-fee records for at least 2 years; demanding more than allowed entitles the applicant to double the fee charged. Credit/investigation charges may not exceed the specific cost of the investigation, and no other 'assurance money' may be taken from an applicant (other than a deposit reserving the unit for a set time). Application records must be kept 6 months; the AG Consumer Protection Unit enforces. The fee cap, receipt, 2-year record and double-damages rules are in § 5514(d) (chapter 55); the 'assurance money' ban, investigation-cost limit, 6-month application records and Consumer Protection Unit enforcement are in § 5310 (chapter 53: https://delcode.delaware.gov/title25/c053/index.html). No portable-screening-report statute found. Re-verified 2026-10-27. Source: 25 Del. C. §§ 5514(d), 5310 |
|---|---|
| Other rental fees | A landlord may not charge any nonrefundable fee as a condition of occupancy, except optional fees for actual services (e.g., pool or tennis court fee). Late charges are capped at 5% of monthly rent and cannot be imposed until rent is more than 5 days late; if the landlord has no in-county office for payment, the due date is extended 3 days. Cash rent payments require a receipt within 15 days. § 5501 is in chapter 55: https://delcode.delaware.gov/title25/c055/index.html. No total-cost-of-rent or online-payment-fee statute found. Re-verified 2026-10-27. Source: 25 Del. C. §§ 5311, 5501(d)-(e) |
Related questions
- How much can a landlord charge for a rental application fee?
- What rental fees are illegal (junk fees)?
Delaware vs. neighboring states
| State | Application / screening fees | Other rental fees |
|---|---|---|
| Delaware | Capped at the greater of 10% of the monthly rent or $50. Landlord must give a receipt for the full amount and keep application-fee records for at least 2 years; demanding more than allowed entitles the applicant to double the fee charged. Credit/investigation charges may not exceed the specific cost of the investigation, and no other 'assurance money' may be taken from an applicant (other than a deposit reserving the unit for a set time). Application records must be kept 6 months; the AG Consumer Protection Unit enforces. 25 Del. C. §§ 5514(d), 5310 | A landlord may not charge any nonrefundable fee as a condition of occupancy, except optional fees for actual services (e.g., pool or tennis court fee). Late charges are capped at 5% of monthly rent and cannot be imposed until rent is more than 5 days late; if the landlord has no in-county office for payment, the due date is extended 3 days. Cash rent payments require a receipt within 15 days. 25 Del. C. §§ 5311, 5501(d)-(e) |
| Maryland | There is no dollar cap. If any non-deposit fee charged to an applicant exceeds $25, the landlord must return it within 15 days after move-in or after either party says in writing that no tenancy will occur. The landlord may keep only the amount actually spent on a credit check or other application expenses. Penalty for not returning it: twice the fee. The application must explain the tenant's liabilities and these rules. Does not apply to landlords offering 4 or fewer units on one parcel or location, or to seasonal or condominium rentals. Md. Code, Real Prop. § 8-213 | Move-in cap: a lease may not require more than the security deposit plus the first month's rent to start the lease and move in. Late fees are capped at 5% of the unpaid rent (weekly leases: $3 a week, $12 a month). A lease may not make the tenant pay the District Court filing surcharge assessed against the landlord, except as § 7-301(c)(5)(ii) of the Courts Article allows. The landlord may charge no more than $5 for the 6-day eviction notice. The lease must include the Maryland Tenants' Bill of Rights. Md. Code, Real Prop. §§ 8-208(c)(4), 8-208(d)(3), (11), (13); 8-407(b)(3) |
| New Jersey | Capped at $50. A landlord or agent may not require an application or similar fee above $50 to apply to lease or sublease a residential unit. The cap is adjusted each January 1 by the Division of Consumer Affairs in line with the regional CPI. Exempt: units in one- or two-family dwellings, and real estate licensees who are not the landlord. Violations carry penalties of up to $500 (first), $750 (second), and $1,000 (each later offense), enforced in the Special Civil Part on complaint of the Division of Consumer Affairs director or the Attorney General; the overcharge is refunded to the applicant from the penalty. N.J.S.A. 46:8-18.1 (P.L.2025, c.405); 46:8-18.2 | Limited. A landlord may not require rent or other lease payments to be made by electronic funds transfer, including automatic recurring transfers. If a lease lets the landlord recover attorney's fees or expenses (including as 'additional rent'), the law reads in a matching right for a tenant who wins to recover theirs, and the lease must state this in bold type. Application fees are capped (see application_fees). No statute found that caps move-in or convenience fees or requires all-in rent disclosure. N.J.S.A. 46:8-49.1; 2A:18-61.66, 2A:18-61.67 |
| Pennsylvania | No statute - Pennsylvania has no statewide cap or refund rule for rental application or screening fees. Landlord and Tenant Act of 1951, 68 P.S. 250.101 et seq. | No statewide statute limiting move-in, convenience or other rental fees in the Landlord and Tenant Act. 68 P.S. 250.101 et seq. |
More Delaware rental law
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- Free legal help in Delaware
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Delaware Rental Fee Rules FAQ
Is there a limit on rental application fees in Delaware?
Capped at the greater of 10% of the monthly rent or $50. Landlord must give a receipt for the full amount and keep application-fee records for at least 2 years; demanding more than allowed entitles the applicant to double the fee charged. Credit/investigation charges may not exceed the specific cost of the investigation, and no other 'assurance money' may be taken from an applicant (other than a deposit reserving the unit for a set time). Application records must be kept 6 months; the AG Consumer Protection Unit enforces. (25 Del. C. §§ 5514(d), 5310)
What rental fees are banned or limited in Delaware?
A landlord may not charge any nonrefundable fee as a condition of occupancy, except optional fees for actual services (e.g., pool or tennis court fee). Late charges are capped at 5% of monthly rent and cannot be imposed until rent is more than 5 days late; if the landlord has no in-county office for payment, the due date is extended 3 days. Cash rent payments require a receipt within 15 days. (25 Del. C. §§ 5311, 5501(d)-(e))
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.