Delaware has enacted new legislation that will mandate the creation and distribution of a comprehensive guide detailing the rights and responsibilities of both landlords and tenants throughout the state.
The new law creates the Rights and Responsibilities Guide for Landlords and Tenants Committee, which will operate under the Delaware Real Estate Commission. The commission will be responsible for creating, updating, and distributing this statewide guide with assistance from the newly formed committee.
The comprehensive guide will outline obligations that both tenants and property owners must meet, covering requirements at the federal, state, county, and local levels.
Under the new requirements, landlords and real estate service providers must distribute the guide to potential tenants when establishing rental relationships covered under Part III of Title 25. The guide must also be provided each time a lease agreement is renewed for terms lasting one year or longer. Property owners can choose to provide the information either electronically or in printed form.
The legislation classifies the guide as a mandatory form under Delaware Code Title 24, Section 2912. Real estate professionals could face disciplinary action for misrepresenting whether the form is available or for providing incorrect information about its contents. Additionally, failing to provide the guide when required will be considered an unlawful practice under Title 6, Section 2513 and a violation of Title 6, Chapter 25, Subchapter II.
The law also mandates that the commission submit a report to the General Assembly examining what other disclosures or documents tenants must currently receive separately from this guide. The report will include recommendations on whether existing laws should be modified to incorporate those additional materials into the new comprehensive guide.
The legislation takes effect immediately upon being signed into law, but implementation will occur either one year after enactment or when the Director of the Division of Professional Regulation announces in the Register of Regulations that both the required legislative report has been submitted and the guide has been published by the Delaware Real Estate Commission, whichever comes first.
Penalty provisions will go into effect 180 days after the main portions of the law are implemented. If the law is put into practice before the legislative report is completed, that report must be delivered to the General Assembly within 180 days of implementation.
