Richards Layton & Finger

Delaware Limits Landlord Remedies Against Residential Tenants

May 1, 2020

On April 30, 2020, Governor Carney approved the Fourteenth Modification of his Declaration of a State of Emergency for Delaware. This latest modification affects landlord remedies against residential holdover tenants. Under the Residential Landlord-Tenant Code, a landlord may charge a holdover residential tenant up to double the monthly rent during the holdover period. While the new modification is in effect, however, a landlord may only charge a maximum of the current monthly rent, prorated on a daily basis, for each day the holdover tenant remains in possession. Additionally, the modification further limits the liability of a holdover tenant for other losses incurred by the landlord as a result of the holdover.

If you have any questions, please contact a Richards, Layton & Finger real estate attorney.

Related Practices