Delaware Pet Rent Laws in 2025: What Landlords Actually Need to Know
By the Hemlane team—helping landlords manage properties smarter since 2015
I was on a call last week with a landlord in Wilmington who'd been wrestling with the same question for months: "Should I start allowing pets?"
Her duplex had been sitting empty for 26 days. In Delaware's current market, where average rent is $2,000 per month and renter demand is warm, that's $1,733 in lost income just sitting there. Meanwhile, she had turned away four qualified applicants all because they had dogs.
"I'm just worried about the damage," she told me. "My last tenant without a pet left the place perfect, why risk it?"
Here's what I told her and what the data actually shows. Over 40% of renters are now actively searching for pet-friendly apartments, and in Delaware specifically there are 142 pet-friendly rentals listed on RentCafe competing for those tenants. By saying "no pets" she was automatically excluding nearly half her potential tenant pool.
The kicker? She could be charging an extra $35-40 per month in pet rent, plus collecting a refundable pet deposit. Over a two-year lease, that's nearly $1,000 in additional income plus a faster lease-up and probably better tenant retention.
Two weeks later she called me back. She had updated her listing to "pets considered" collected a $300 pet deposit and $40/month pet rent and leased to a nurse with an eight-year-old Labrador. The whole thing took six days.
Let me walk you through exactly how Delaware's pet rental laws work, what you can charge and how to protect yourself while tapping into this huge market.
Why Delaware Landlords Need to Rethink Their Pet Policies
Delaware's rental market is unique. As one of the most landlord-friendly states with no rent control and relatively fast eviction processes, you've got flexibility that landlords in other states don't have. But you're also competing in a market where Rehoboth Beach vacation rentals prominently advertise pet-friendly accommodations as a major draw.
At Hemlane, we've worked with thousands of landlords across the country managing over 60,000 rental units. What we've seen is a fundamental shift: pet-friendly isn't a nice-to-have anymore—it's becoming table stakes. And Delaware landlords who adapt early are the ones seeing faster lease-ups and better returns.
The numbers speak for themselves:
- 94 million U.S. households own at least one pet—up from 82 million just two years ago
- Pet owners represent 30% millennials, 25% Gen X, and 25% baby boomers of pet-owning households
- Average pet-related costs: $35.65/month in pet rent, plus deposits around $300
- Properties with pet policies typically lease 6-8 days faster
But here's where it gets interesting for Delaware landlords specifically: you have more freedom than most states to structure your pet policies and fees.
What the Delaware Landlord-Tenant Code Actually Says About Pets
Here is the surprising truth- the Delaware Residential Landlord-Tenant Code doesn't mention the word "pets" very much at all. Unlike some states with pages of pet-specific regulations, Delaware keeps it simple—and that works in your favor.
What this means practically:
- You decide if pets are allowed: No state law mandates you accept pets (except for assistance animals, which we'll cover later)
- You set the rules: Breed restrictions, size limits, number of pets—it's all up to you
- You determine the fees: Pet rent, pet deposits, non-refundable fees—you have wide latitude
The catch? Whatever rules you establish must be clearly spelled out in your lease agreement. Delaware law requires landlords to provide new tenants with a summary of the Landlord-Tenant Code at the beginning of the rental term and your pet policy should be just as clear.
Why Written Pet Policies Matter in Delaware
Delaware's Attorney General's office is pretty clear about this- get everything in writing. Without a written lease that spells out your pet policy you'll have a much harder time enforcing restrictions or pursuing evictions for pet-related violations.
Your lease should include he following
- Exactly which pets are allowed (species, breeds and size/weight limits)
- How many pets per unit
- All associated costs (deposits, fees and monthly rent)
- Tenant responsibilities (waste pickup, noise control and damage liability)
- Consequences for violations (fines, pet removal and potential eviction)
One landlord I work with in Newark (near the University of Delaware) learned this the hard way. He had a verbal "no cats" policy but had not written it into the lease. When his tenant got two cats, he had no legal standing to enforce the restriction. That mistake cost him an expensive professional carpet cleaning at turnover.
Delaware's Security Deposit Rules: The One-Month Cap
This is where Delaware gets specific and it's crucial to understand if you're charging pet deposits.
According to Delaware Code Title 25 security deposits including pet deposits generally cannot exceed one month's rent unless the tenant voluntarily agrees to a higher amount in writing.
Let me break this down with a real example:
- Monthly rent is $1,500
- The standard security deposit you collect is $1,000
- The maximum pet deposit you can require is $500 (to stay within the one-month total)
However, and this is important: if your tenant agrees in writing to a higher combined deposit, that's allowed. The law says deposits can exceed one month's rent if the tenant "agrees to a higher amount which must be specified in the rental agreement."
The Critical Difference between Pet Deposits, Pet Fees and Pet Rent
Many Delaware landlords confuse these three charges but they are legally and practically distinct:
Pet Deposit (Refundable)
- One-time payment held as security
- Must be returned if no pet damage occurs
- Counts toward the security deposit cap
- Typical range in Delaware: $200-400
- Must be returned within 20 days with itemized deductions
Pet Fee (Non-Refundable)
- One-time payment, never returned
- The Delaware Code technically prohibits most non-refundable fees stating landlords "shall not charge to a tenant any nonrefundable fee" except for specific service fees
- This is a gray area; some landlords charge them, but they may not be enforceable
- If you charge a "pet fee" document exactly what it covers (initial deep cleaning, for example)
Pet Rent (Monthly Recurring)
- Added to regular monthly rent
- Never refundable
- Doesn't count toward security deposit limits
- No statutory cap in Delaware
- Typical range is $25-50 per pet per month
Here's what works in practice: most successful Delaware landlords charge a refundable pet deposit (within the one-month limit) PLUS monthly pet rent. The deposit covers actual damage; the pet rent offsets ongoing wear and tear.
One landlord in Dover explained his thinking this way: "I charge $35 per month per dog. Over a one-year lease that's $420. If I need to do extra carpet cleaning or repair some scratched trim at turnover that pet rent has already covered it. The deposit is there for serious damage like if they let the dog destroy the hardwood."
What Happens When Pet Damage Exceeds Your Deposit?
Let's say you collected a $300 pet deposit, but the tenant's cats caused $1,200 in damage (urine-soaked subfloor, scratched doors, chewed window frames, yes this happens).
Delaware law allows you to:
- Deduct from the pet deposit first ($300)
- Then deduct from the general security deposit
- If that's still not enough, pursue the tenant for the remaining balance
You have legal recourse through small claims court in Delaware for amounts up to $15,000, which should cover any realistic pet damage scenario. But—and this is critical—you need documentation: move-in photos, move-out photos, repair receipts, and ideally a mid-lease inspection showing when the damage occurred.
This is exactly why we built Hemlane's platform with robust photo documentation and automatic record-keeping features. When disputes happen (and they sometimes do), having a clear paper trail makes all the difference between recovering your costs and eating the loss.
Service Animals and ESAs: Where Federal Law Overrides Everything
This is where even experienced Delaware landlords make expensive mistakes. Let me be crystal clear about something: service animals and emotional support animals (ESAs) are NOT pets under the law, and refusing them—or charging pet fees for them—can land you in serious legal trouble.
Service Animals Under the ADA
The Americans with Disabilities Act defines a service animal as a dog that's individually trained to perform specific tasks for someone with a disability.
What you absolutely CANNOT do
- Charge any pet deposit, pet fee, or pet rent
- Refuse the animal because of breed or size restrictions
- Require documentation proving the dog is a service animal
- Ask about the nature of the person's disability
What you CAN do
- Ask two specific questions: Is this animal required because of a disability? What work or task has the animal been trained to perform?
- Hold the tenant financially responsible for any actual damage the animal causes
- Require the animal to be under control (if it's aggressive or destructive you may be able to pursue removal through proper legal channels)
A landlord in Rehoboth learned this the hard way. She told an applicant with a service dog that she had to pay a $400 pet deposit "like everyone else." The applicant filed a Fair Housing complaint. The landlord ended up settling for several thousand dollars in damages plus attending mandatory fair housing training.
Do not be that landlord.
Emotional Support Animals Under the Fair Housing Act
ESAs are different from service animals but equally protected in housing. They don't need specialized training but they must be prescribed by a licensed healthcare provider to help with a mental health or emotional condition.
Under the Fair Housing Act you must accommodate ESAs even if you have a strict no-pets policy.
What you CANNOT do
- Charge pet deposits, fees, or rent for ESAs
- Automatically deny housing because of the animal
- Ask for detailed medical records about the tenant's condition
What you CAN do
- Request a letter from a licensed healthcare provider stating the person has a disability-related need for the animal
- Verify the letter is legitimate (not from an online "ESA registry" mill)
- Hold the tenant responsible for any damage the ESA causes
When you can deny an ESA:
- The specific animal poses a direct threat to others' health or safety
- The animal is causing substantial property damage that cannot be mitigated
- Accommodating the animal creates an undue financial burden (very difficult to prove)
I know what you're thinking. "Can't tenants just fake an ESA letter to avoid pet fees?" Unfortunately, yes fraud exists. But the penalties for wrongfully denying a legitimate assistance animal request are steep. The safer approach is to request documentation, verify it's from a legitimate licensed provider (not an online certificate mill) and then allow it.
One practical tip: if someone requests an ESA accommodation months after moving in with an unauthorized pet that's a red flag. While assistance animal requests can be made at any time retroactive requests right after being caught with an unauthorized pet deserve closer scrutiny. Verify the documentation carefully.
Creating a Pet Policy That Actually Works
After helping thousands of landlords manage pet-friendly properties through Hemlane, I've seen which policies succeed and which create headaches. Here's what works in Delaware's market.
1. Be Specific, Not Vague
Don't write "Pets allowed with approval."
Do write "Tenants may keep up to two dogs or cats, with a combined weight not exceeding 75 pounds. The following breeds are prohibited [list specific breeds]. All other animals require written approval. Pet deposit: $300. Pet rent: $35/month per animal."
Specificity prevents disputes. I've seen landlords get into arguments with tenants about whether a 40-pound dog was "small" or "medium." Save yourself the trouble and use actual numbers.
2. Screen Pets Like You Screen Tenants
Just as you wouldn't rent to someone without checking their background, don't accept a pet sight unseen. Request:
- Current vaccination records
- Photos of the pet
- References from previous landlords (ask specifically about pet behavior)
- Proof of renters insurance with pet liability coverage
- Training certificates or veterinary references for larger dogs
One property manager in Middletown interviews every pet during the showing. "I want to see how the dog behaves whether it's well-trained and if it seems aggressive," she says. "Five minutes with the animal tells me more than any paperwork."
Is this extra work? Yes. But it's worth it. The right pet with responsible owners will cause minimal issues. The wrong pet with irresponsible owners can cost you thousands.
3. Use a Separate Pet Addendum
Don't just add a clause to your standard lease. Create a dedicated pet addendum that both parties sign. This document should include:
- Specific pet details (name, breed, age, weight and color)
- Copy of vaccination records attached
- Acknowledgment of financial responsibility for all pet damage
- Agreement to remove the pet if it causes ongoing problems
- Tenant's signature confirming they have read and understood the policy
Having a separate document makes enforcement clearer and shows the tenant took the pet policy seriously when signing.
4. Document Everything at Move-In
Take extensive photos before the tenant moves in—I mean dozens. Focus on areas vulnerable to pet damage=
- All flooring (carpet, hardwood and tile)
- Every door (both sides)
- All baseboards and trim
- Window sills and frames
- Walls at "pet height" (where dogs might jump or scratch)
- Any outdoor areas (fencing, grass, landscaping)
Do the same at move-out. The visual evidence makes security deposit disputes much easier to resolve.
One landlord told me, "I started using video walkthroughs with timestamps. Takes me 10 minutes at move-in and 10 minutes at move-out. I've had three pet damage disputes in the last two years and every time my video evidence settled it immediately."
5. Conduct Mid-Lease Inspections
Delaware law doesn't specify exactly how much notice you must give before entering a rental property but 24-48 hours is considered reasonable for routine inspections.
Schedule inspections every 6-12 months. Look for:
- Early signs of pet damage (scratches, stains, odors)
- Unauthorized pets
- Violation of pet rules (letting dogs off-leash in common areas, not picking up waste)
The goal isn't to play "gotcha"—it's to catch small problems before they become expensive ones. If you notice minor door scratches at six months, you can address it with the tenant then rather than discovering $600 in damage at move-out.
6. Price Competitively for Your Market
I've seen Delaware landlords charge $100/month per pet and wonder why their units sit empty. The average pet rent nationally is $35.65, with deposits around $300.
Research what comparable pet-friendly rentals in your specific Delaware market charge. In Wilmington, most landlords charge $30-45/month per pet. In beach communities like Rehoboth or Dewey, it might be slightly higher due to the vacation rental influence.
Remember: your goal is to protect your investment AND remain competitive. Charge too much and you'll sit vacant. Charge nothing and you're leaving money on the table while assuming all the risk.
When Things Go Wrong: Evictions and Enforcement
Even with careful screening, problems sometimes happen. Maybe the tenant got an unauthorized puppy. Maybe their approved dog is destroying the property. What are your options?
Grounds for Pet-Related Evictions in Delaware
Under the Delaware Residential Landlord-Tenant Code, you can pursue eviction if:
- The tenant keeps unauthorized pets
- A pet causes damage beyond normal wear and tear
- A pet creates excessive noise or threatens other tenants
- The tenant violates material terms of the pet policy
The Process: How Eviction Actually Works
Delaware's eviction process for pet violations typically works like this:
For most lease violations: You must provide written notice specifying the violation and giving the tenant an opportunity to cure it. If they remove the unauthorized pet or fix the problem, you can't proceed with eviction.
For non-payment of rent (including pet rent): Delaware allows you to give just 5 days' notice before filing for eviction. This is shorter than most lease violation cure periods.
For immediate threats: If a pet causes or threatens "irreparable harm" to your property or other tenants, you can require the tenant to immediately vacate.
Document everything: Photos of damage, written complaints from neighbors, veterinary bills if the pet injured someone, records of all communications about the issue.
One Dover landlord shared his experience: "I had a tenant whose two dogs were causing constant problems—barking all day, aggressive behavior toward neighbors, destroying the fence. I documented everything: noise complaints from three neighbors, photos of the fence damage, written warnings I'd sent. When I finally pursued eviction, having all that documentation made it straightforward. The tenant couldn't claim they didn't know there was a problem."
The key lesson? The eviction process exists and Delaware makes it relatively fast compared to tenant-friendly states, but it's still expensive and time-consuming. Whenever possible, work with tenants to solve problems before resorting to eviction.
The Real Numbers: Why Pet-Friendly Makes Financial Sense
Let's look at the actual math for a typical Delaware rental property.
Scenario 1: No Pets Allowed
- Monthly rent: $1,500
- Average vacancy: 30 days between tenants
- Vacancy cost: $1,500
- Pet rent collected: $0
- Annual pet rent income: $0
Scenario 2: Pet-Friendly Policy
- Monthly rent: $1,500
- Pet rent: $35/month per pet (1 dog)
- Average vacancy: 18 days (leases 40% faster)
- Vacancy cost: $900
- Annual pet rent income: $420
- Less vacancy cost savings: $600
- Net annual benefit: $1,020
And that's just on one property. If you own multiple units, the numbers multiply quickly.
But here's what's even more valuable: tenant retention. Pet owners typically stay longer because finding their next pet-friendly rental is challenging. According to Delaware landlords I work with, pet owners average 18-24 month tenancies compared to 12-15 months for non-pet tenants.
Lower turnover means:
- Less frequent vacancy periods
- Fewer advertising costs
- Fewer turnovers to manage and pay for
- More stable, predictable income
One Wilmington landlord put it this way: "I used to think pet-friendly meant more damage and more work. What I've found is the opposite. Pet owners tend to be more stable, more responsible, and they stay longer. Yes, I spend an extra $200-300 on cleaning at turnover. But I'm saving thousands in reduced vacancy and turnover costs."
How Hemlane Makes Pet-Friendly Renting Easier
I'll be honest—I work for Hemlane, so of course I think our platform is valuable for landlords. But here's specifically why it helps with pet-friendly properties:
Automated Rent Collection: Adding pet rent is as simple as creating a line item. No manual calculations, no separate invoices. Tenants pay everything in one transaction.
Document Storage: Keep photos from move-in inspections, pet addendums, vaccination records, ESA documentation, and damage reports all in one organized place.
Communication Tracking: Every message, notice, and response is automatically logged. If you end up in a pet-related dispute, you'll have a complete record.
Maintenance Coordination: Track pet-related repairs and maintenance with built-in work order management. Document everything from routine carpet cleaning to emergency odor remediation.
Inspection Scheduling: Set up recurring inspection reminders and document findings with photos directly in the platform.
We've helped over 60,000 landlords manage their properties more efficiently. Whether you use Hemlane or another system, having organized tools makes pet-friendly renting significantly less risky and time-consuming.
Frequently Asked Questions
Can I charge a pet deposit in Delaware?
Yes. Delaware law allows pet deposits up to one month's rent (combined with your regular security deposit) unless the tenant voluntarily agrees to a higher amount in writing. Pet deposits must be held like any security deposit and returned within 20 days of move-out, minus any legitimate deductions for pet damage.
Is pet rent legal in Delaware?
Absolutely. Delaware has no statutory cap on pet rent, though you should research local market rates to stay competitive. Most Delaware landlords charge $25-50 per month per pet.
What if I've already collected the maximum security deposit—can I still charge a pet deposit?
If you've collected one month's rent as a security deposit, you can't require additional pet deposit without the tenant's written agreement to exceed that limit. However, you CAN charge monthly pet rent, which doesn't count toward security deposit caps.
Do I have to allow emotional support animals even with a no-pets policy?
Generally, yes. The Fair Housing Act requires reasonable accommodations for ESAs even in no-pet properties. You can request documentation from a licensed healthcare provider, but you cannot charge pet-related fees or deposits.
Can I restrict certain dog breeds in Delaware?
Yes, Delaware law allows breed restrictions. However, be aware that breed restrictions may limit your tenant pool, and you cannot apply breed restrictions to service animals. Some insurance companies require breed restrictions, which is a valid consideration.
What counts as "normal wear and tear" for pets in Delaware?
Delaware defines normal wear and tear as natural deterioration from ordinary use—minor scratches on floors, slight carpet wear, small nail holes. You can't deduct from deposits for normal wear. However, significant damage like large scratches, urine-soaked flooring, or chewed woodwork exceeds normal wear and justifies deductions.
Can tenants negotiate pet fees or deposits?
Yes, everything in a lease is negotiable. Some landlords reduce pet fees based on the pet's size, breed, training certifications, or the tenant's rental history. Requiring proof of renters insurance with pet liability coverage can sometimes justify lower deposits.
What if pet damage exceeds my deposit?
You can deduct from both the pet deposit and general security deposit, then pursue the tenant for any remaining balance through small claims court (up to $15,000 in Delaware). Document everything thoroughly with photos and repair receipts.
Final Thoughts: Making Pet-Friendly Work for You
Managing rental property in Delaware in 2025 means adapting to market realities. Pet ownership isn't declining—it's surging. The question isn't whether to allow pets, but how to do it in a way that protects your investment while maximizing returns.
The Delaware landlords succeeding right now are those who:
- Set clear, specific pet policies in writing
- Charge market-appropriate fees that reflect actual risk
- Screen pets as carefully as they screen tenants
- Document property condition meticulously
- Understand the legal distinction between pets and assistance animals
- Use modern tools to manage the details efficiently
Delaware gives you more freedom than most states to create policies that work for your situation. The state's landlord-friendly regulations, lack of rent control, and relatively fast eviction processes mean you have tools to protect yourself.
Use that freedom wisely. Research your market, set appropriate charges, screen carefully, and stay compliant with federal laws around assistance animals. The goal isn't to never have any pet-related issues—the goal is to maximize rental income while minimizing risk.
And remember: that Wilmington landlord I mentioned at the beginning? The one who finally went pet-friendly? She called me last month to say her tenant with the Labrador just renewed for another year. The dog hasn't caused a single problem, the extra pet rent has been "free money," and she's kicking herself for not doing this sooner.
Her next property is listing as pet-friendly from day one.
If you want to explore how Hemlane's platform can help you implement and manage pet-friendly policies more effectively, start with our free landlord software or reach out to learn about our full-service property management options.
Legal Disclaimer: This article provides general information about Delaware landlord-tenant law as of 2025. Laws change, and every rental situation is unique. For legal advice specific to your property and circumstances, consult a qualified Delaware attorney. Hemlane is not a law firm and does not provide legal advice.
Additional Resources for Delaware Landlords
Official State Resources:
Federal Housing Laws:
Market Research and Statistics:
Additional Legal Resources:
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