Pet Rent Charges in Delaware: What Renters Need to Know

Many Delaware renters wonder if their landlord can charge extra fees or monthly pet rent for having a dog, cat, or another animal in their rental unit. Understanding the rules about pet rent and security deposits can help you avoid surprises and know your rights according to Delaware's Residential Landlord-Tenant Code.

Are Landlords Allowed to Charge Pet Rent in Delaware?

In Delaware, landlords can charge pet rent in addition to your regular rent. Pet rent is typically a recurring monthly charge added when you keep an approved pet in your unit.

However, there are important rules around total security deposits when pets are involved, and certain limits apply for renters who are age 62 or older.

Limits on Pet Deposits and Fees

Apart from monthly pet rent, landlords may ask for a pet deposit—a one-time, refundable payment held against pet-related damage. Delaware law places specific caps on these amounts.

• The total security deposit (including any pet deposit) may not exceed one month’s rent.
• An extra pet deposit (up to one month’s rent) is permitted in addition to the regular security deposit.
• Renters aged 62 or older can only be charged up to one month’s rent—no extra pet deposit is permitted for seniors.

Be aware: landlords may also impose reasonable, non-refundable pet fees (sometimes called “pet cleaning fees”) if clearly stated in your lease or rental agreement. Check your lease carefully to see what both recurring and one-time pet charges are included.

Rules for Emotional Support Animals and Service Animals

By law, landlords cannot charge pet rent, deposits, or fees for service animals or emotional support animals. This is protected under both state and federal law. If you have a disability-related animal, you may request a reasonable accommodation without added charges.

Key Legislation and Where to Go for Help

• Delaware Residential Landlord-Tenant Code, Chapter 53. This law covers your rights and obligations.
• Disputes about pet rent, deposits, or security deposit returns may be handled by the Justice of the Peace Court - Landlord Tenant Division.
• For formal complaints about discrimination regarding service or emotional support animals, contact the Delaware Division of Human and Civil Rights.

Delaware Security Deposit Receipt — Form and Use

There is no single, standardized statewide form for security deposit receipts in Delaware, but landlords are required to provide a written receipt and details in the lease about any security deposit or pet deposit received.

What to do if you aren’t given a receipt:

• Request a written notice from your landlord that lists your total security deposit, including any portion for a pet deposit.
• If your landlord withholds all or part of your pet deposit after you move out, you can file a complaint using the Landlord/Tenant Complaint Form (Form CF01) in the Justice of the Peace Court.

FAQs on Pet Rent and Fees in Delaware

1. Can my landlord charge both pet rent and a pet deposit?
   Yes, landlords in Delaware are allowed to charge monthly pet rent and request a one-time pet deposit, provided total deposit caps are not exceeded.
2. Is there a limit to how much pet rent can be charged?
   Delaware law does not set a specific dollar cap on recurring monthly pet rent. The amount should be considered reasonable and stated clearly in your lease.
3. What if my pet causes damage—will my pet deposit cover it?
   If your pet causes damage beyond normal wear and tear, your landlord may use all or part of your pet deposit to cover repairs; any deduction must be itemized and returned within 20 days of move-out.
4. Can I dispute an unfair pet fee or deposit?
   You may dispute excessive or improperly withheld fees through the Justice of the Peace Court by filing a Landlord/Tenant Complaint (Form CF01).
5. Are service animals exempt from deposits and fees?
   Yes. Landlords cannot charge pet deposits, pet fees, or pet rent for recognized service animals or emotional support animals required due to a disability.

Need Help? Resources for Renters in Delaware

• Justice of the Peace Court - Landlord Tenant Division: The official tribunal for security deposit and landlord-tenant disputes.
• Delaware Attorney General – Landlord-Tenant Information: Guidance and consumer support for renters.
• HUD: Tenant Rights in Delaware: Federal summary of tenant rights including service animal protections.
• Delaware Division of Human and Civil Rights: File discrimination complaints related to disability and animal accommodation.

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1. Delaware Residential Landlord-Tenant Code, Chapter 53
2. Justice of the Peace Court - Landlord Tenant Division
3. HUD: Tenant Rights in Delaware
4. Delaware Division of Human and Civil Rights
5. Landlord/Tenant Complaint Form (CF01)

Key Takeaways:

• Landlords in Delaware may charge both pet rent and a pet deposit, but there are limits under state law.
• Service and support animals are not subject to pet fees or deposits.
• If you believe fees are unfair or withheld improperly, Delaware provides formal complaint avenues through its Landlord Tenant tribunal.

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