25 Del. C. ch. 53 § 5311
Fees
Operative Text
Except for an optional service fee for actual services rendered, such as a pool fee or tennis court fee, a landlord shall not charge to a tenant any nonrefundable fee as a condition for occupancy of the rental unit. Nothing in this section shall prevent the tenant from electing, subject to the landlord’s acceptance, to purchase an optional surety bond instead of or in combination with a security deposit.
Under 25 Del. C. ch. 53 § 5311, Delaware law generally prohibits landlords from charging tenants nonrefundable fees as a condition of moving into a rental unit. The only nonrefundable charges permitted are optional service fees tied to actual amenities or services—such as a pool or tennis court—that the tenant chooses to use. Separately, the law allows tenants to opt for a surety bond in place of, or alongside, a traditional security deposit, provided the landlord agrees to that arrangement.
Plain English — not legal advice.
Operators subject to 25 Del. C. ch. 53 § 5311 generally ensure that any nonrefundable charge collected at or before move-in is limited to optional, amenity-based service fees—such as fees for pool or tennis court access—rather than blanket administrative or application fees imposed as a condition of occupancy. Compliant operators also have a process for evaluating tenant requests to substitute or supplement a security deposit with a surety bond, since the statute permits that option when both parties agree. Reviewing fee schedules and lease language against this provision helps confirm that no prohibited nonrefundable charges appear as occupancy conditions.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 25 Del. C. ch. 53 § 5311, tenants in Delaware have a right not to be charged nonrefundable fees simply as a condition of renting a unit, with narrow exceptions for truly optional amenity fees. If a landlord imposes a nonrefundable fee that appears to fall outside those exceptions, tenants may have grounds to raise that charge as a violation—potential paths include filing a complaint with a relevant state or local authority, raising the issue as a defense in a court proceeding, or consulting a tenant-rights organization for guidance. Tenants also have the right to ask their landlord about using a surety bond instead of or alongside a security deposit, though the landlord must agree for that arrangement to take effect.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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