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

Plain English Breakdown

The effective date is noted as 'upon signature' or a specified date, but no specific calendar day other than the signing date (2026-06-24) was provided in the source text.

Delaware Law on Returning Apartment Keys

This law requires residential leases to clearly explain how tenants must return keys at the end of their rental term and sets rules for what happens if no instructions are given.

What This Bill Does

• Requires residential leases that make key surrender a condition for returning security deposits to include a clear procedure for returning keys.
• Prohibits landlords from requiring tenants to return keys before the official end date of the lease term.
• States that possession is returned on time if the last day falls on a weekend, holiday, or office closure and the tenant follows the lease instructions or default rules.
• Requires all tenants listed on a single lease to follow the key surrender procedure for possession to be considered complete.
• Allows tenants to leave keys in the unit or leasing office mailbox with written notice if the lease lacks clear instructions.

Who It Names or Affects

• Landlords who rent out residential units in Delaware
• Tenants living under a residential lease agreement

Terms To Know

Surrender of keys

The act of giving the rental unit keys back to the landlord or property manager.

Lease term

The specific period of time that a tenant is allowed to live in the rented unit according to their contract.

Limits and Unknowns

• This law applies only when key surrender is required as a condition for returning a security deposit.
• The official effective date has not been specified beyond the signature date of June 24, 2026.

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

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.