Pet Deposits, Pet Rent & ESA Rules in Delaware 2026
State pet-deposit treatment, federal Fair Housing Act assistance-animal rules, and what Delaware landlords can and cannot ask.
Delaware gives landlords more explicit statutory footing on pets than most states. The landlord-tenant code writes pet deposits directly into the security deposit statute, 25 Del. C. Sec. 5514(i), so you know exactly what you can charge and how animal damage gets deducted. Where state law goes quiet, the federal Fair Housing Act takes over, and it draws a hard line between an ordinary pet and an assistance animal. Get that line wrong and a routine no-pets clause turns into a discrimination complaint.
This page covers what you can charge, when you can say no, and how service animals and emotional support animals (ESAs) sit outside your pet policy entirely.
How Delaware Treats Pet Deposits
Security deposit on unfurnished units capped at 1 month's rent for leases of 1 year+. The same statute expressly authorizes a separate pet deposit not to exceed 1 month's rent, refundable to the extent it exceeds actual damages caused by the pet.
What you can charge for a pet in Delaware
Delaware is one of the few states that spells out pet deposits by statute. Under 25 Del. C. Sec. 5514(i)(2), no pet deposit may exceed one month's rent, regardless of how long the lease runs. That cap is separate from the ordinary security deposit, so a pet-owning tenant can legitimately owe you both.
The pet deposit is not a loose, keep-what-you-like fund. It is folded into the security deposit rules of Sec. 5514, meaning the same handling, itemization, and return obligations apply. If you are not entitled to keep the money, you must remit it within 20 days of the lease ending, the same deadline that governs the regular security deposit.
Delaware does not cap monthly pet rent or impose a statewide breed ban, so those terms are left to your lease. Keep any pet rent, one-time pet fees, and breed or weight limits written into the agreement clearly, and remember none of them can be applied to an assistance animal.
How animal damage gets deducted
The statute sets the order of operations for you. Under 25 Del. C. Sec. 5514(i)(1), damage caused by an animal is deducted first from the pet deposit. Only when the pet deposit runs short may you reach into the general security deposit for the balance.
Follow the sequence when you close out a tenancy: document the animal-attributable damage, apply the pet deposit to it, and if there is a shortfall, carry it to the security deposit with a clear itemization. Skipping the pet-deposit-first step or double-counting the same damage against both funds invites a wrongful-withholding dispute.
Ordinary wear is not chargeable, and neither is damage you cannot tie to the animal. The pet deposit protects you against the dog that chews the door frame, not against the passage of time.
Service animals and ESAs are not pets
The federal Fair Housing Act controls here, and it does not care what your lease says about pets. It treats both trained service animals and emotional support animals as assistance animals, which are not "pets" at all. That means a no-pets building must still accommodate a qualified assistance animal, and you cannot charge a pet deposit, pet fee, or pet rent for one.
Delaware reinforces the deposit point in its own code: 25 Del. C. Sec. 5514(i)(3) bars any pet deposit for a duly certified and trained support animal for a disabled resident. So the no-fee rule reaches you from both the FHA and the state statute.
Note the ADA/FHA distinction. Under the ADA a service animal is a dog (occasionally a miniature horse) trained to perform tasks for a person with a disability. An ESA that only provides comfort is not an ADA service animal, but in housing it is still a covered assistance animal under the FHA. In a rental, the FHA standard is the one that governs.
Handling an accommodation request
When a tenant asks to keep an assistance animal, treat it as a reasonable-accommodation request, not a lease negotiation. If the disability and the need are obvious, you may not demand paperwork. If they are not obvious, HUD's January 2020 assistance-animal guidance lets you request reliable documentation, typically a letter from a health care professional licensed to practice, such as a physician, psychologist, psychiatrist, LCSW, LPC, or LMFT, confirming a disability-related need.
You are entitled to reliable information, not a specific certificate or a registry printout. There is no official ESA "registration," and online certificates purchased without a genuine provider relationship do not satisfy HUD's standard. Ask for what the guidance allows, then decide promptly.
Delaware also backs the process against abuse: under Title 6, intentionally misrepresenting an animal as an assistance animal to obtain a housing accommodation carries a $500 civil penalty for a first violation, and a second or subsequent offense is an unclassified misdemeanor.
When you can deny, and where damage liability lands
The accommodation duty is not absolute. You may deny a specific animal if it poses a direct threat to the health or safety of others, or would cause substantial physical damage to property that cannot be reduced by another reasonable accommodation. The assessment must be individualized, based on the actual animal's conduct, not on breed, size, or a general fear.
Waiving the deposit does not waive liability. The FHA does not excuse a tenant from paying for real damage the assistance animal causes. You cannot collect a pet deposit up front, but you can pursue actual animal-caused damage the same way you would any other tenant damage, through the security deposit and ordinary remedies.
If a dispute escalates into a fair-housing complaint, it is handled in Delaware by the Division of Human Relations and/or HUD. Document your accommodation decisions, keep the request and your response in writing, and apply the same rules to every applicant.
The Cost of Mishandling a Delaware ESA Request
The most common mistake in Delaware ESA cases is responding with a flat denial, "no pets means no pets", instead of engaging in the interactive process. The interactive process is itself a substantive duty. A landlord who refuses to consider the request, demands more documentation than HUD permits, or imposes a pet fee on an accepted assistance animal will lose at HUD even if the underlying accommodation could have been reasonably denied on its merits.
City-Level Eviction Risk in Delaware
Pet-related eviction filings correlate with overall landlord-tenant litigation rates. View landlord risk and tenant-law profile by city:
Sources & Methodology
- Federal Fair Housing Act: 42 U.S.C. § 3604(f)(3)(B); 24 C.F.R. § 100.204; 24 C.F.R. § 180.671.
- HUD guidance: HUD FHEO Notice 2020-01 (Jan 28, 2020), assistance animals as a reasonable accommodation.
- ADA service animals: 28 C.F.R. § 36.302 (Title III, public accommodations).
- Delaware pet deposit rule: 25 Del. C. § 5514(b).
Related Guides for Delaware Landlords
This page summarizes Delaware's landlord-tenant code (Title 25, Chapter 55), the federal Fair Housing Act, HUD's January 2020 assistance-animal guidance, and Delaware's Title 6 misrepresentation provisions as they stood in 2026. It is general information for landlords, not legal advice. Statutes and HUD guidance change, and fair-housing decisions are fact-specific; confirm current text at delcode.delaware.gov and consult a Delaware attorney or the Division of Human Relations before acting on a specific accommodation request or deposit dispute.
Frequently Asked Questions
How much can a Delaware landlord charge as a pet deposit?
No more than one month's rent. Under 25 Del. C. Sec. 5514(i)(2), a pet deposit may not exceed one month's rent regardless of lease length, and it is separate from the standard security deposit. Delaware does not cap monthly pet rent, so that is set by your lease.
Can I charge a pet deposit for an emotional support animal?
No. Both the federal Fair Housing Act and 25 Del. C. Sec. 5514(i)(3) prohibit charging a pet deposit, pet fee, or pet rent for an assistance animal, which includes ESAs and service animals. An assistance animal is not a 'pet' for these purposes.
What documentation can I ask for when a tenant requests an ESA?
If the disability or need is not obvious, HUD's 2020 guidance lets you request reliable documentation, typically a letter from a licensed health care professional confirming a disability-related need for the animal. You cannot require a specific certificate or an online 'registration,' which HUD does not recognize.
Can I ever deny an assistance animal?
Yes, but only on individualized grounds: if the specific animal is a direct threat to others' health or safety, or would cause substantial physical damage that cannot be reduced by another accommodation, or the request imposes an undue burden. A denial cannot be based on breed, size, or a no-pets policy.
How is animal damage deducted from deposits?
Under 25 Del. C. Sec. 5514(i)(1), animal damage comes first out of the pet deposit; only if the pet deposit is insufficient may you deduct the balance from the security deposit. Itemize the damage and avoid charging the same item against both funds.
What happens if a tenant fakes an assistance animal?
Delaware law under Title 6 penalizes intentionally misrepresenting an animal as an assistance animal to get a housing accommodation. A first violation carries a $500 civil penalty, and a second or subsequent offense is an unclassified misdemeanor.
Federal authority: 42 U.S.C. § 3604(f)(3)(B); 24 C.F.R. § 100.204; HUD FHEO Notice 2020-01. State authority: 25 Del. C. § 5514(b). Last updated October 23, 2026. For informational purposes only, not legal advice. Pet and assistance-animal questions are highly fact-specific; consult a licensed Delaware attorney before refusing any request.