Apartment Application Fees in Delaware — What's Legal
Delaware caps apartment application fees at the greater of 10% of monthly rent or $50 under Del. Code tit. 25, § 5514(d).
Maximum application fee: 10% of Rent or $50
Delaware caps apartment application fees at the greater of 10% of monthly rent or $50. If you are asked to pay more, the landlord is violating Del. Code tit. 25, § 5514(d).
Next step
What's happening?
•The Law
What Delaware Law Says About Application Fees
Delaware caps apartment application fees at the greater of 10% of monthly rent or $50. The landlord must provide a receipt and refund any portion of the fee not used for a credit check or background check.
•Refund Rules
When Can You Get a Refund?
Landlord must provide a receipt for the fee and refund any amount not used for a credit check or background check.
•What's Legitimate
What Should an Application Fee Actually Cover?
- Credit check: $10-$15 (actual cost from credit bureaus)
- Background check: $15-$25
- Verification of employment and rental history: $5-$10
- Administrative processing: $5-$10
- Reasonable total: $35-$60
A typical tenant screening costs landlords $30-$50 for credit, background, and reference checks combined. Application fees significantly above this range may include profit for the landlord.
•Red Flags
Red Flags to Watch For
- Application fee over $75 with no breakdown of costs
- Landlord refuses to provide a receipt
- Fee collected before the unit is actually available
- Multiple applications accepted for the same unit (collecting fees from many applicants)
- Non-refundable "holding deposit" disguised as an application fee
- Fee charged but no screening actually performed
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●Frequently Asked Questions
Frequently Asked Questions
How much can a landlord charge for an application fee in Delaware?
Delaware caps application fees at the greater of 10% of monthly rent or $50 under Del. Code tit. 25, § 5514(d). Any amount above this is illegal.
Can I get my application fee refunded in Delaware?
Yes, in some cases. Landlord must provide a receipt for the fee and refund any amount not used for a credit check or background check.
What should an application fee cover?
A legitimate application fee should cover the cost of a credit check ($10-$15), background check ($15-$25), and verification of rental history. If the fee significantly exceeds these costs, the landlord may be pocketing the difference.
What are red flags when paying an application fee?
Watch out for: fees over $75 in states with no cap, landlords who refuse to provide a receipt, collecting fees for units that are not actually available, charging a fee without performing a screening, and charging non-refundable "holding deposits" disguised as application fees.
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DepositHawk is not a law firm and does not provide legal advice. Information and documents are for informational purposes only. No attorney-client relationship is created. Consult a licensed attorney for advice specific to your situation.