HB 381 aims to improve the understanding and relationship between landlords and tenants in Delaware. (Photo by designer491/iStock by Getty Images)
After some healthy discussion, a bill creating a one-stop guide for both tenants and landlords is on its way to the House floor.
House Bill 381 , sponsored by Rep. Kim Williams, D-Marshallton, requires the Delaware Real Estate Commission to create a comprehensive, statewide rights and responsibilities guide for landlords and tenants.
The seven representatives present in the House Housing Committee all voted to release the bill from committee.
The guide will reference responsibilities that a tenant or landlord must follow, including federal, state, county and municipal requirements.
It will be created with input from other housing-related organizations if needed, and the commission may amend the guide, including to update it and to add additional information that is relevant to landlords and tenants.
Debra Burgos, vice president of property management at Evergreen Apartment Group , said this guide is important because the landlord/tenant code has not been updated since 2019.
“So what I’m giving out to residents doesn’t include the updates regarding declawing cats or right to representation or the bedbug legislation,” she said. “They don’t have that information in front of them which is an issue since we worked really hard to get these things passed and residents may not be aware.”
Some landlords may also not be aware if they don’t have this information right in front of them, she said.
A lot of the information in individual town-by-town guides is redundant. Burgos noted that the city of Wilmington has a guide while New Castle County also has a guide.
“All of them have similar information, but I can tell you as a landlord when you’re going through this with a resident, their eyes glaze over,” she said. “So we want to make sure that the most important things are front and center and easy to read.”
Rep. Stell Parker Selby, D-Milton, agreed, and suggested a tweak in the bill to ensure that landlords literally highlight the most important parts of the guide.
Williams, who used to hold a real estate license, said that’s something she used to do and hopes all landlords do, but realizes not all do.
Brian Pomije, director of property management for Patterson Schwartz , said the bill will help provide clear and easy-to-understand information for both landlords and tenants.
“A balanced and well-defined guide can foster fair and transparent interactions between landlords and tenants, ultimately leading to a more harmonious landlord tenant relationship,” he said.
HB 381 would require a landlord or real estate service provider to provide the guide to prospective tenants entering into a landlord-tenant relationship.
Williams pointed out that if a tenant resigns a lease five times in the same property, their landlord must provide five guides, whether information has been updated or not.
The guide may be provided in electronic or paper format, and real estate service providers could be disciplined for misrepresenting the availability or content of the required form.
Failure to provide the guide when required is deemed an unlawful practice.
Some housing providers may not have the latest information, they may be using outdated forms,Pomije said, and some tenants may just skim over the lease and sign it while not understanding or looking at them again.
“Both landlords and tenants will benefit from having one resource that they can reference as needed,” he said. “The statewide guide will help ensure all proper disclosures are provided, and set clear expectations for the rights and responsibilities of both tenants and landlords.”
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