Effective Date: November 1, 2025
Jurisdiction: State of Delaware
Applies To: All landlords, property managers, agents and listing entities using Tentunit to list residential rental properties (student-, young professional-, family housing) in Delaware.
1. Purpose
This Statement outlines the operational, legal and ethical obligations for landlords who list properties via Tentunit in Delaware. Use of the Tentunit platform constitutes agreement to adhere to this Statement, the Tentunit Terms of Service, Payment Terms, Fair Housing Policy and all applicable federal, state and local laws. This document is not legal advice; landlords should consult qualified counsel for full compliance.
2. Listing Accuracy, Transparency & Advertising Standards
Landlords must ensure listings on Tentunit are truthful, current and fully reflective of the offering.
Required Disclosures:
- Monthly rent amount, lease term (start/end or renewal/notice) and earliest available date.
- All required fees: application fee, move-in fee, parking/amenity fees, pet fees or deposits, utility re-billing/allocations.
- Security deposit (or fee-in-lieu if used), conditions for return, deduction policy, timeframe.
- Utility responsibilities: which utilities tenant pays vs landlord; method of allocation/sub-metering if applicable.
- Unit condition & photos: photos must represent the actual unit offered (not a misleading model unless clearly disclosed).
- Screening criteria: income/credit threshold, guarantor/co-signer policy, student status rules, whether roommates/sub‐lets allowed.
- True availability: listing must reflect units genuinely available; if already committed or unavailable, listing must be updated or removed promptly.
Prohibited Practices:
- Advertising units not genuinely available or failing to update availability status.
- Misrepresenting size, finishes, condition, amenities, views or location.
- Using “starting at” or “from” rent without clear disclosure of eligibility/timeframe and actual unit availability.
- Omitting material fees or presenting hidden costs that would mislead a reasonable renter.
- Advertising one set of terms/unit then offering materially different terms or unit without disclosure (bait-and-switch).
State Compliance Context:
Delaware’s Residential Landlord-Tenant Code (Title 25, Chapters 51, 53, 55, 57 for example) governs the fundamental tenancy relationship. Listing and advertising must also comply with federal truth-in-advertising, fair housing and consumer protection laws.
3. Fair Housing & Equal Access
Landlords must comply with the federal Fair Housing Act (42 U.S.C. § 3601 et seq.) and applicable Delaware and local non-discrimination laws.
They must:
- Use neutral screening criteria applied uniformly to all applicants, regardless of protected class (race, color, religion, sex, national origin, disability, familial status) and any additional state/local protected statuses.
- Provide reasonable accommodations or modifications for persons with disabilities as required by law.
- Avoid discriminatory language or screening practices in advertising, applications, leasing or communications.
- Document the screening criteria and decision process to support compliance and audit.
4. Communication Standards & Platform Responsiveness
Given Tentunit’s focus on student and young-professional rentals, landlords must operate in a timely, transparent manner:
- Acknowledge inquiries, application submissions or maintenance/repair requests via Tentunit (or documented channel) within 24 hours, and provide substantive response within 48 hours.
- Notify applicants of status (approved, denied, wait-list) and notify tenants of upcoming inspections, entries, maintenance, or changes in terms/policies.
- Update listing changes (rent, fees, availability, photos, policies) promptly so the listing remains accurate.
- Communicate professionally, respectfully, and in a nondiscriminatory manner. Repeated failure to communicate or discriminatory conduct may lead to Tentunit listing suspension or account termination.
5. Lease Execution, Legal Compliance & Contract Terms
All leases executed through Tentunit (or via the landlord / agent using Tentunit) in Delaware must comply with state law and reflect best-practice standards.
Required Lease Elements & Compliance:
- Must be in writing (or valid electronic format) and executed by both landlord/agent and tenant.
- Must include landlord/agent full legal name and address for service of process and notice.
- Must clearly state: rent amount, due date, lease term (fixed or periodic), renewal or termination mechanics, security deposit amount and handling, all recurring and one-time fees, utility responsibilities, screening criteria, term-of-lease obligations.
- Must include required disclosures: for example, lead-based paint hazard disclosure (for pre-1978 constructed units) under federal law.
- Lease must not contain terms that waive statutory tenant rights or allow unlawful self-help eviction practices (lock-outs, utility shut-off) in violation of Delaware law.
- Timing and notice for termination, non-renewal, lease violation must conform to Delaware law (Title 25). For example, landlords must supply possession and maintenance obligations under § 25 Del. C. § 5303-5305.
6. Habitability, Maintenance & Repair Obligations
Landlords must maintain the leased premises in safe, habitable, and compliant condition per Delaware law.
Key Obligations:
- Landlord shall comply with all applicable state or local statutes, codes, regulations, ordinances governing construction, maintenance, use, appearance of the rental unit and property. (§ 25 Del. C. § 5305(a)(1))
- Landlord shall make all repairs and arrangements necessary to put and keep the rental unit and its appurtenances in as good a condition as they were or ought to have been at the commencement of the tenancy (§ 5305(a)(4), (5), (6)).
- Landlord must provide functioning plumbing, electrical, heating, hot water, sanitation, safe entry/egress, locks, etc. (§ 5308 addresses essential services)
- If the landlord substantially fails to provide essential services (heat, hot water, water, electricity) for 48 hours or more after required notice, tenant may terminate lease or seek rent abatement (§ 5308(a)).
- Landlord shall not retaliate against tenant for exercising rights (e.g., requesting repairs).
- Landlord must maintain documented records: maintenance requests, completion, tenant notifications, before/after photos.
7. Inspections, Entry & Tenant Privacy
Landlords must respect tenant’s right to quiet enjoyment while providing necessary access per good practice and as permitted by law.
Access & Entry Standards:
- While Delaware statute does not prescribe a specific fixed notice period in all instances, guidance indicates landlords should provide at least 48 hours’ notice for non-emergency entry and entry during reasonable hours (e.g., 8 a.m.–9 p.m.) unless lease provides otherwise.
- Entry is allowed for purposes of inspection, repairs, showing the unit to prospective tenants/purchasers, lease-specified reasons, provided notice is given.
- Landlord should document entry notices: date/time notice given, purpose of entry, date/time access occurred, who was present, condition observed.
- Offer tenant pre-move-out inspection option and document move-out condition checklist and photographs to support deposit disputes.
8. Security Deposit Handling & Administration
Delaware’s deposit rules are strict and must be meticulously followed.
Key Rules:
- Under § 25 Del. C. § 5514 (and § 7017) a landlord may not require a security deposit exceeding one month’s rent for a rental agreement of one year or more.
- Each security deposit must be placed in an escrow account in a federally-insured bank with an office that accepts deposits in the State. Landlord must disclose the account location to the tenant. § 5514(b).
- The security deposit can only be used for specified purposes: actual damages beyond normal wear-and-tear, unpaid rent, costs of renovation/rerenting after tenant premature termination (within limits). § 5514(c)(1-3).
- Within 20 days of termination or expiration of the rental agreement the landlord must provide the tenant with an itemized list of damages and the remaining deposit balance. Failure to comply entitles tenant to double the amount wrongfully withheld. §§ 5514(e), (g).
- Pet deposits: Landlord may require a pet deposit not exceeding one month’s rent. Damage caused by pet first deducted from pet deposit. § 5514(i)(1-2).
- Forwarding address: If tenant provides forwarding address in writing, landlord communicates to that address. If no forwarding address, landlord’s responsibility is reduced but remains liable for unused portion. § 5514(h).
Tentunit Requirements for Landlords:
- Use a move-in condition checklist, signed by landlord/tenant, retaining dated photographs.
- Clearly disclose in listing & lease the deposit amount, deposit holding account details, conditions for deductions, timeframe for return.
- Ensure deposit is held in escrow per statute.
- Provide itemized deduction statement and return of remaining balance within statutory timeframe.
- Maintain ledger and documentation: deposit account records, disclosures, forwarding address letters, itemized deduction statements, proof of return.
- If property ownership changes, ensure proper transfer of deposit account and informing tenant (best practice).
9. Student Housing & Young-Professional Standards
Given Tentunit’s student-/young-professional-targeted platform, landlords must observe additional best practices:
- Disclose in listing: proximity to campus/university, public transit or parking policy/fees, sub-letting policy, early-termination or release options, lease renewal terms.
- Provide digital onboarding materials: move-in guide, utility-setup instructions, emergency contact, shared-housing/house-rule guide (if applicable).
- Avoid exploitative practices targeting students (excessive non-refundable fees, unclear terms, guarantor-only requirements without alternative).
- Maintain communication channels suitable for younger renters (mobile/app notifications, after-hours contact).
- Ensure house rules (noise, cleaning schedules, guest policy, roommate obligations) do not conflict with statutory tenant rights or lease terms; disclose clearly in listing & lease.
10. Documentation, Audit, Compliance & Platform Enforcement
Landlords are required to maintain institutional-level documentation, and Tentunit retains strong enforcement rights.
Record-Keeping Standards:
For each property/tenancy, maintain:
- Listing metadata: creation date, photos version history, fee schedule/lease term changes, availability updates.
- Screening/application logs: inquiry timestamp, screening criteria applied, approvals/denials, communication records.
- Executed lease file: signed document (digital or paper), amendments/renewals, disclosures, screening/co-signer documentation.
- Maintenance/repair logs: tenant request date/time, vendor/work-order number, date/time completed, tenant notification, before/after photos.
- Entry/inspection logs: notice sent date/time, entry date/time, purpose, attendees, condition observed.
- Security deposit ledger: deposit amount, date received, escrow account location, forwarding address documentation, itemized deduction statements, payment/return date.
- Tenant-landlord communications: listing inquiries, applications, move-in instructions, repairs scheduling, entries/inspections notices, lease termination/non-renewal notices.
Enforcement Rights of Tentunit:
Tentunit may:
- Audit landlord listing practices, documentation and compliance at any time without prior notice.
- Suspend or remove listings for material or repeated non-compliance with this Statement, Tentunit policies or state/federal law.
- Freeze or withhold landlord payouts tied to problematic units (e.g., unresolved deposit disputes, habitability complaints).
- Terminate landlord’s platform account permanently for serious or repeated violations.
- Report violations to appropriate regulatory agencies (e.g., Delaware Attorney General Consumer Protection, housing code enforcement).
- Seek recovery of damages, attorney fees and platform enforcement costs caused by landlord non-compliance.
11. Indemnification
Landlord shall defend, indemnify and hold harmless Tentunit, its affiliates, officers, directors, employees, agents and contractors from and against any and all claims, losses, liabilities, damages, costs (including attorneys’ fees) arising out of or in connection with:
- Landlord’s breach of this Statement or any Tentunit policy.
- Landlord’s violation of federal, state or local housing law/regulation.
- Landlord’s misrepresentation of the listing, unit condition, availability, terms or fees.
- Tenant claims or disputes arising from landlord’s acts or omissions.
- Platform enforcement or regulatory investigations triggered by landlord non-compliance.
12. Governing Law & Reference Statutes
Delaware Statutes & Reference Materials:
- Title 25 Del. C., Chapter 55 — Tenant Obligations and Landlord Remedies (including § 5514 security deposit). Justia
- Title 25 Del. C., Chapter 53 — Landlord Obligations and Tenant Remedies (§ 5305 etc.). delcode.delaware.gov
- Title 25 Del. C., Chapter 51 — Application of Landlord-Tenant Code. delcode.delaware.gov+1
- Legal Services of Delaware Guide to Security Deposits. lscd.com
- Hemlane’s overview of Delaware security deposit laws. Hemlane
Federal Law Foundations:
- Fair Housing Act (42 U.S.C. § 3601 et seq.)
- Lead-Based Paint Hazard Reduction Act (for units built pre-1978)
- Servicemembers Civil Relief Act (SCRA) for eligible tenants