AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO KEY SURRENDER IN RESIDENTIAL LEASES.

Housing

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: K. Johnson
Last action: 2026-05-20
Official status: Out of Committee 5/20/26
Effective date: Not listed

Plain English Breakdown

The official source material does not provide information on enforcement mechanisms or penalties.

Act on Key Return Procedures for Rental Leases

This act requires Delaware's residential leases to include clear instructions for returning rental keys at the end of a lease and sets default procedures if the lease does not provide them.

What This Bill Does

Requires leases to set forth clear procedures for surrendering rental unit keys at the end of the lease term.
Specifies that possession is considered returned when all named tenants comply with the key return procedure in the lease or as provided by default procedures if no specific instructions are given.

Who It Names or Affects

Tenants who are ending their residential leases.
Landlords managing rental properties with leases in Delaware.

Terms To Know

Lease: A contract between a landlord and tenant that outlines the terms of renting a property, including when keys must be returned.

Limits and Unknowns

The bill does not specify what happens if keys are returned late.
It is unclear how this act will be enforced by local authorities.
There are no details about penalties for landlords or tenants who do not follow the new rules.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HA 1

1 • K. Johnson

Passed 5/14/26

Plain English: This amendment changes how tenants can give back their keys at the end of a lease if there are no clear instructions from the landlord.

If the last day of the lease falls on a weekend or holiday, tenants can return keys in person to the leasing office on the next business day.
Tenants may leave keys in the rental unit or a secure drop box provided by the landlord, as long as they give written notice to the landlord about where and when the keys were left.

The amendment does not specify what happens if the landlord does not provide a secure drop box.

Bill History

2026-05-20 Delaware General Assembly
Reported Out of Committee (Housing & Land Use) in Senate with 5 Favorable
2026-05-14 Delaware General Assembly
Amendment HA 1 to HB 217 - Passed In House by Voice Vote
2026-05-14 Delaware General Assembly
Passed By House. Votes: 38 YES 1 NOT VOTING 2 ABSENT
2026-05-14 Delaware General Assembly
Assigned to Housing & Land Use Committee in Senate
2026-05-12 Delaware General Assembly
Amendment HA 1 to HB 217 - Introduced and Placed With Bill
2026-03-10 Delaware General Assembly
Reported Out of Committee (Housing) in House with 2 Favorable, 5 On Its Merits
2025-06-17 Delaware General Assembly
Introduced and Assigned to Housing Committee in House

Official Summary Text

AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO KEY SURRENDER IN RESIDENTIAL LEASES.
This Act requires a lease to set forth clear procedures for the surrender of rental unit keys at the end of the rental term in residential leases, and provides default procedures for key return when there is no lease provision or other agreement.

Current Bill Text

Read the full stored bill text

Legislation Document

SPONSOR:

Rep. K. Johnson & Sen. Lockman

Reps. Gorman, Lambert, Morris

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 217

AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO KEY SURRENDER IN RESIDENTIAL LEASES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Subchapter I, Chapter 51, Title 25 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 5123. Surrender of rental unit keys.

(a) If a lease requires the surrender of rental unit keys as a condition for return of a security deposit, the lease must provide a clear procedure for the surrender and may not require surrender prior to the end of the lease term.

(b) If the last day of the lease falls on a Saturday, Sunday, legal holiday, or other day on which the leasing management office is closed,

possession of the rental unit shall be considered to have been returned on the date either of the following occurs:

(1) Tenant surrenders keys to the rental unit in accordance with the procedures set forth in the lease.

(2) Tenant completes the procedure under subsection (d) of this section.

(c) If there is more than 1 tenant on the lease, possession is considered to have been returned to the landlord only when all tenants on the lease have complied with the key surrender procedure set forth in the lease, or as provided in subsection (d) of this section.

(d) If the lease does not provide a clear the procedure for the surrender of keys, and the landlord has not provided information to the tenant prior to the end of the lease,

a tenant may leave keys in the rental unit or mailbox of the leasing office by the end of the lease agreement date with written notice to the landlord in reference to where the keys were placed and the date of return.

SYNOPSIS

This Act requires a lease to set forth clear procedures for the surrender of rental unit keys at the end of the rental term in residential leases, and provides default procedures for key return when there is no lease provision or other agreement.