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In Delaware, a rental application is a form that landlords give to applicants to collect information from everyone who wishes to apply for an apartment in a uniform fashion. Rental applications ensure that landlords receive the same thorough information from all applicants so that they can choose the most financially stable and responsible tenant.
Rental applications generally collect sensitive information, such as social security numbers, full addresses, rental histories, and income specifics. According to state law, the fee for processing an application may not exceed more than 10% of the monthly rent or $50, whichever is more.
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The Delaware rental application allows landlords to verify a prospective tenant's background information and credit history before signing a lease agreement. In Delaware, the application fee may not exceed more than 10% of the monthly rent or $50, whichever is greater.
The security deposit for approved tenants in Delaware may not exceed one (1) month’s rent. This maximum, however, applies only to unfurnished rental properties.
Landlords in Delaware must not violate any provisions of the federal Fair Housing Act or the Delaware Fair Housing Act and must comply with the Delaware Landlord/Tenant Code.
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The rental application should include the following sections:
Community Legal Aid Society, Inc.
Delaware State Housing Authority
According to 70 Del. Laws, c. 513, § 3, a landlord may not demand more than one (1) month’s rent for a security deposit on a 12-month lease. In Delaware, it is important to note that this law is only applicable to unfurnished rentals.
Furthermore, these deposits must be deposited into an escrow account by a federally insured bank, and not used in business operations. A tenant’s deposit must be returned to them no more than 20 days after the tenant's residency ends.
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