Delaware Pet Rent Laws in 2025: A Guide for Landlords

In Delaware, the dynamics between landlords and tenants regarding pet ownership are governed by a combination of state statutes and federal regulations. As pet ownership continues to rise, with many households considering pets as integral family members, the demand for pet-friendly rental accommodations has significantly increased. This trend presents both opportunities and challenges for landlords.​

The Delaware Landlord-Tenant Code provides a framework that outlines the rights and responsibilities of both landlords and tenants concerning pet policies. While landlords have the discretion to permit or restrict pets within their properties, they must navigate specific legal requirements, especially when it comes to service animals and emotional support animals (ESAs). Understanding these distinctions is crucial to ensure compliance with the law and to foster positive landlord-tenant relationships.

This comprehensive guide delves into the legal landscape of pet policies in Delaware rental properties, offering insights into security deposit regulations, the differentiation between pets and assistance animals, and best practices for landlords aiming to create clear and enforceable pet policies.​

Legal Framework Governing Pets in Delaware Rentals

Delaware Residential Landlord-Tenant Code Overview

The Delaware Landlord-Tenant Code serves as the primary legal document governing rental agreements within the state. It delineates the rights and obligations of landlords and tenants, providing a structured approach to various rental aspects, including pet policies. While the code does not explicitly mandate provisions regarding pet ownership, it grants landlords the authority to establish their own pet policies, which should be clearly articulated within the lease agreement. This includes specifying any restrictions, such as breed or size limitations, and outlining any associated fees or deposits.

Pet Policies in Lease Agreements

In Delaware, landlords possess the discretion to determine whether pets are permitted on their properties. If a landlord chooses to allow pets, it's imperative that the lease agreement encompasses a detailed pet policy. Key elements to include are:​

• Types of Pets Allowed: Clearly specify which animals are permissible, including any breed or size restrictions.​
• Pet Deposits and Fees: Outline any additional financial requirements, such as pet deposits (which are separate from standard security deposits) or monthly pet fees.​
• Tenant Responsibilities: Define expectations regarding pet care, maintenance, and adherence to local ordinances, ensuring pets do not become a nuisance to neighbors.​
• Consequences of Policy Violations: Detail the repercussions for breaching the pet policy, which may range from fines to potential eviction.​

By incorporating these elements, landlords can safeguard their property while providing clarity to tenants. It's essential that all pet-related terms are documented in writing within the lease to prevent future disputes.​

Evictions Related to Pets

Landlords retain the right to enforce the terms of the lease agreement, including those pertaining to pets. Grounds for pet-related evictions may encompass:​

• Unauthorized Pets: Introduction of a pet into the rental unit without obtaining prior consent from the landlord.​
• Property Damage: Significant harm caused to the property by the tenant's pet, exceeding normal wear and tear.​
• Disturbances: Pets that create continuous noise or pose a threat to other tenants, thereby disrupting the peaceful enjoyment of the premises.​

In instances where a tenant violates the pet policy, landlords must adhere to the procedures outlined in the Delaware Landlord-Tenant Code. This typically involves providing the tenant with written notice specifying the violation and granting a designated period to rectify the issue. Should the tenant fail to comply, the landlord may proceed with eviction proceedings in accordance with state law. 

Security Deposits, Pet Fees, and Pet Rent

State Regulations on Security Deposits

Delaware law regulates the collection and management of security deposits to protect the interests of both landlords and tenants. Key provisions include:​

• Standard Security Deposit Limit: Landlords may require a security deposit; however, the total amount, including any pet deposit, cannot exceed one month's rent, unless the tenant agrees to a higher amount, which must be specified in the rental agreement.
• Separate Pet Deposits: Landlords are permitted to request a separate pet deposit for each pet, provided it does not exceed the equivalent of one month's rent. This deposit is intended to cover potential damages caused by the pet and is distinct from the general security deposit.
• Handling and Return of Deposits: Upon termination of the lease, landlords are obligated to return the security and pet deposits, minus any deductions for damages, within 20 days. An itemized list of deductions must accompany any withheld amounts.

Pet Rent and Non-Refundable Pet Fees

Beyond security deposits, landlords in Delaware may opt to charge additional fees to offset potential risks associated with pet occupancy. One common charge is pet rent, which is a recurring monthly fee added to the tenant’s rent for housing a pet. Delaware law permits landlords to impose pet rent, but the amount should be reasonable and reflect factors such as the type, size, and number of pets. To ensure transparency, any pet rent requirements must be explicitly stated in the lease agreement.

In addition to pet rent, some landlords require a one-time, non-refundable pet fee to cover potential wear and tear or additional cleaning necessitated by pet occupancy. Delaware law does not explicitly regulate non-refundable pet fees, but it is advisable for landlords to ensure these charges are reasonable and clearly documented in the lease. Unlike refundable pet deposits, which must be returned to the tenant if no pet-related damage occurs, non-refundable pet fees are retained by the landlord regardless of whether the pet causes any issues.

Allocation of Pet Fees and Deposits

Understanding how pet-related funds can legally be used is essential for both landlords and tenants. Pet deposits serve as a financial safeguard, covering damages directly attributed to the pet, such as excessive scratches, carpet stains, or chewed fixtures. These funds must be handled like any other security deposit, meaning they must be held in escrow and returned to the tenant within 20 days after the lease ends, minus any deductions for damages beyond normal wear and tear.

In contrast, pet rent is not intended to cover damages but is instead an ongoing fee designed to offset the potential additional maintenance costs associated with allowing pets in a rental property. Since pet rent is part of the lease agreement, tenants are required to pay it as long as they have an approved pet living in the unit. Non-refundable pet fees, on the other hand, are generally used for initial costs such as additional cleaning or air duct maintenance after a pet resides in a unit. Since these fees are retained by the landlord, they should be clearly defined in the lease to prevent disputes over their purpose.

By structuring pet-related fees properly and in compliance with Delaware’s rental laws, landlords can mitigate financial risks while ensuring that tenants understand their financial obligations when renting with pets. A well-defined lease agreement that includes pet rent, pet deposits, or non-refundable pet fees will help both parties avoid confusion and potential legal conflicts.

Service Animals and Emotional Support Animals

Legal Definitions and Protections

In Delaware, the legal framework distinguishes between service animals and emotional support animals (ESAs), each afforded different rights and protections.​

Under both the Americans with Disabilities Act (ADA) and Delaware state law, a service animal is defined as a dog that has been individually trained to perform tasks or do work for the benefit of an individual with a disability. These tasks must be directly related to the person's disability, such as guiding individuals with impaired vision, alerting those with hearing impairments to sounds, pulling a wheelchair, or fetching items. Service animals are granted broad access to public spaces and housing accommodations, ensuring that individuals with disabilities can fully participate in society.

Emotional Support Animals (ESAs) provide comfort and support to individuals with emotional or psychological conditions. Unlike service animals, ESAs do not require specialized training to perform specific tasks. While they are not granted the same public access rights as service animals, ESAs are recognized under the Fair Housing Act (FHA). This federal law mandates that housing providers make reasonable accommodations for individuals with documented needs for an ESA, even in properties with no-pet policies. However, ESAs may be subject to certain restrictions, and tenants may need to provide appropriate documentation from a licensed healthcare professional to substantiate their need.

Implications for Landlords

Landlords in Delaware must navigate the legal obligations associated with service animals and ESAs carefully to ensure compliance with federal and state laws.​

Service Animals: Landlords are required to permit service animals in their rental properties, regardless of existing pet policies. They cannot impose breed, size, or weight restrictions on service animals. Additionally, landlords are prohibited from charging pet deposits, pet fees, or additional rent for service animals. However, tenants can be held financially responsible for any damages caused by the service animal beyond normal wear and tear. When the need for a service animal is not apparent, landlords are permitted to ask only two specific questions:​

1. Is the animal required because of a disability?​
2. What work or task has the animal been trained to perform?​

Landlords cannot request documentation, require the animal to demonstrate its tasks, or inquire about the nature of the tenant's disability.

Emotional Support Animals (ESAs): For ESAs, landlords must make reasonable accommodations, which may include waiving no-pet policies or pet-related fees. Tenants requesting an ESA accommodation should provide a letter from a licensed healthcare professional verifying the need for the animal due to a disability. While landlords can verify the authenticity of such documentation, they must handle all information confidentially and cannot demand detailed medical records. Similar to service animals, tenants are liable for any damages caused by their ESAs. It's important to note that while landlords must accommodate ESAs, they can impose certain reasonable restrictions, such as ensuring the animal does not pose a direct threat to the safety of others or cause substantial property damage.

Prohibited Charges

Delaware law aligns with federal regulations in prohibiting landlords from imposing additional fees or deposits for service animals and ESAs. Specifically:​

Landlords cannot charge any pet-related deposits, fees, or higher rent amounts for tenants with service animals. This prohibition ensures that individuals with disabilities are not financially burdened for having a service animal. However, if a service animal causes damage to the property, the landlord can deduct the cost of repairs from the tenant's standard security deposit, similar to any other tenant-caused damages.

While landlords must accommodate ESAs, they cannot charge pet fees or deposits specifically for the ESA. Nonetheless, tenants are responsible for any damage caused by the ESA, and landlords can apply charges for repairs against the tenant's security deposit. It's essential for landlords to distinguish between general pet policies and the requirements for accommodating ESAs to avoid potential legal pitfalls. ​

By understanding and adhering to these regulations, landlords can ensure compliance with the law while fostering an inclusive environment for all tenants.​

Best Practices for Landlords

Establishing clear and fair pet policies is essential for landlords to protect their property interests while accommodating tenants with pets or assistance animals. By implementing comprehensive guidelines and ensuring compliance with anti-discrimination laws, landlords can foster positive tenant relationships and minimize potential disputes.​

Crafting a Comprehensive Pet Policy

A well-defined pet policy should be incorporated into the lease agreement and address the following elements:​

• Permissible Pets: Specify which types of pets are allowed, including any restrictions on species, breeds, sizes, or the number of pets permitted.​
• Pet Deposits and Fees: Clearly outline any additional deposits or monthly fees associated with pet ownership, ensuring they comply with Delaware's security deposit regulations.​
• Tenant Responsibilities: Detail expectations for pet care, such as maintaining cleanliness, preventing noise disturbances, and ensuring the pet does not cause damage to the property.​
• Vaccinations and Licensing: Require proof of up-to-date vaccinations and any necessary licenses as mandated by local ordinances.​
• Consequences of Policy Violations: Explain the actions that will be taken if the pet policy is violated, which may include fines, removal of the pet, or eviction in severe cases.​

It's important to note that while landlords can set policies regarding pets, they must make reasonable accommodations for tenants with service animals or ESAs, as these are not considered pets under the law.

Key Takeaways for Landlords

Navigating pet policies in Delaware rental properties requires a balanced approach that respects the rights of both landlords and tenants. While landlords have the ability to set pet policies, charge pet rent, and require pet deposits, they must also comply with state and federal laws regarding security deposit limits, service animals, and emotional support animals (ESAs).

Final Thoughts on Pet Policies in Delaware Rentals

• Landlords have the right to establish pet policies, including breed or size restrictions, pet fees, and pet deposits, but these policies must be clearly outlined in the lease agreement.
• Security deposits in Delaware cannot exceed one month's rent, including any pet deposit, unless a tenant voluntarily agrees to a higher amount.
• Pet rent is legal in Delaware, but it must be clearly stated in the lease and should reflect reasonable market rates to remain competitive.
• Service animals and ESAs are not considered pets, meaning landlords cannot charge pet deposits, pet rent, or additional fees for them. However, tenants are responsible for any damages caused by these animals.
• A strong lease agreement should define all pet-related expectations, including tenant responsibilities for pet care, noise control, and potential consequences for violations.
• Delaware landlords must follow proper legal procedures for pet-related evictions, ensuring that any violations (such as unauthorized pets or property damage) are addressed according to state law.
• Regular property inspections help landlords monitor pet-related wear and tear, but they must provide tenants with appropriate notice before entering the rental unit.
• Landlords should stay informed about changes to Delaware’s rental laws, as future legislation may impact their ability to restrict pets or impose fees.

By implementing clear, enforceable pet policies, landlords can protect their rental properties while accommodating responsible pet owners. A balanced and legally compliant approach ensures that landlords maintain control over their rental units while also adhering to tenant protections under Delaware law.

Frequently Asked Questions About Delaware Pet Rent Laws

Can a landlord charge a pet deposit in Delaware?

Yes, landlords in Delaware are permitted to require a pet deposit. However, the pet deposit cannot exceed one month's rent, regardless of the rental agreement's duration. Any damages caused by the pet should first be deducted from this pet deposit. If the pet deposit is insufficient to cover the damages, the landlord may then use the general security deposit for the remaining costs. It's important to note that pet deposits are separate from general security deposits and must be handled accordingly.

What is the new renters law in Delaware?

As of February 2025, Delaware has implemented several updates to its landlord-tenant code to enhance tenant protections and clarify rental practices. One significant change includes the stipulation that landlords must return security and pet deposits within 20 days after the termination of the rental agreement, along with an itemized list of any deductions. Additionally, there have been clarifications regarding the handling of pet deposits, emphasizing that they are distinct from general security deposits and have specific regulations governing their use and return. Landlords and tenants are encouraged to review the latest version of the Delaware Residential Landlord-Tenant Code to stay informed about all recent changes. ​

How strict are landlords about pets in Delaware?

In Delaware, landlords have the discretion to establish their own pet policies, which can range from allowing all pets to imposing specific restrictions or prohibiting them entirely. These policies should be clearly outlined in the lease agreement.

While landlords can enforce their pet policies strictly, they must make reasonable accommodations for tenants with disabilities who have service animals or emotional support animals (ESAs), as these animals are not considered pets under the law. It's essential for tenants to communicate openly with landlords about pet-related concerns and for landlords to apply their policies consistently to avoid potential disputes.

Can a landlord charge a pet deposit in Delaware?

Yes, landlords in Delaware can require a pet deposit from tenants who have pets. The maximum amount for a pet deposit is capped at one month's rent. This deposit is intended to cover any damages caused by the pet during the tenancy.

It's important to distinguish that pet deposits are separate from general security deposits, and landlords should not charge more than the equivalent of one month's rent for the pet deposit alone. Additionally, landlords cannot require a pet deposit for service animals that assist individuals with disabilities. ​

Can tenants negotiate pet fees or pet rent in Delaware?

Yes, tenants can attempt to negotiate pet rent or pet fees with their landlord. Some landlords may be willing to waive or reduce pet fees based on factors such as the pet’s size, breed, behavior, or the tenant’s rental history. Providing a pet resume, including vet records, proof of obedience training, and references from past landlords, can help demonstrate responsible pet ownership and increase the likelihood of successful negotiations. However, landlords are not obligated to reduce or waive pet-related fees unless they choose to do so.

What is considered normal wear and tear in Delaware?

In Delaware, "normal wear and tear" refers to the natural and gradual deterioration of a rental property resulting from ordinary use over time. This can include minor issues such as small nail holes, slight carpet wear, or faded paint.

Landlords cannot deduct from a tenant's security deposit for damages deemed as normal wear and tear. However, significant damages that go beyond normal wear and tear, such as large holes in walls, broken fixtures, or extensive pet damage, may warrant deductions from the security or pet deposit. It's essential for both landlords and tenants to document the property's condition at move-in and move-out to differentiate between normal wear and tear and excessive damage accurately.