Delaware Mandatory Rental Disclosures

1. Lead-Based Paint Disclosure

If this property was built before 1978, the following applies:

• Month2Month will disclose any known lead-based paint or lead-based paint hazards in the property prior to lease execution.
• Month2Month will provide all available records and reports pertaining to lead-based paint in the property.
• The tenant will receive a copy of the EPA-approved pamphlet "Protect Your Family from Lead in Your Home."

For more information: National Lead Information Center at 1-800-424-LEAD (5323) or www.epa.gov/lead.

2. Security Deposit

Deposit Limits

Under Delaware law, security deposits are limited as follows:

• Leases of one year or longer: The security deposit may not exceed one (1) month's rent.
• Month-to-month tenancies: The security deposit may not exceed one (1) month's rent.
• Leases of less than one year (but not month-to-month): There is no statutory cap, but reasonableness applies.

No pet deposit may exceed one (1) month's rent. The total of the security deposit and any pet deposit may not exceed the applicable limits.

Holding the Deposit

The landlord must hold the security deposit in an escrow bank account. The landlord is not required to pay interest on the security deposit unless the rental agreement provides otherwise.

Permitted Uses

Your security deposit may be used for: unpaid rent; the cost of repairing damage to the premises caused by the tenant or the tenant's guests, excluding ordinary wear and tear; unpaid utility charges that are the tenant's responsibility; and other charges specified in the rental agreement.

Return of Deposit

Within 20 days after the termination of the tenancy and receipt of the tenant's forwarding address, the landlord must return the security deposit together with an itemized list of any deductions. If the landlord fails to comply within 20 days, the landlord forfeits the right to withhold any portion of the deposit and must return the full deposit to the tenant.

Failure to Comply

Pursuant to DE Code Title 25 §5514(g), if the landlord fails to comply with the security deposit requirements, the landlord is liable for double the amount of the security deposit wrongfully withheld, plus court costs.

Disputes

If you dispute any deduction, contact Month2Month in writing within 7 days. If the dispute cannot be resolved, you may file a claim in the Justice of the Peace Court or the Court of Common Pleas.

3. Landlord Identity and Address

Pursuant to DE Code Title 25 §5105, the landlord must disclose in writing to the tenant at or before the commencement of the tenancy:

• The name and address of the owner of the rental property, or the name and address of the owner's authorized agent for the purpose of service of process and receiving notices and demands.
• The name and address of the property manager, if applicable.
• The name and address of a person authorized to manage the premises and to act as the owner's agent for purposes of receiving service of process.

A landlord who fails to comply with this disclosure requirement may not maintain an action against the tenant for possession of the premises or for unpaid rent until the disclosure is made.

This information is provided in your lease agreement. Month2Month serves as the property manager for all properties in our portfolio.

General Contact: [email protected]

4. Summary of the Landlord-Tenant Code

Pursuant to DE Code Title 25 §5118, the landlord must provide to the tenant, at or prior to the commencement of the rental agreement, a summary of the Delaware Residential Landlord-Tenant Code prepared or approved by the Consumer Protection Unit of the Delaware Department of Justice.

The summary covers key topics including:

• Security deposit limits, holding requirements, and return deadlines
• Landlord's obligations to maintain the premises in habitable condition
• Tenant's obligations for cleanliness, proper use, and damage prevention
• Procedures for requesting repairs and landlord's duty to respond
• Landlord's right of entry and notice requirements
• Grounds for eviction and required notice periods
• Tenant remedies for landlord noncompliance
• Prohibited lease provisions
• Fair housing protections
• Retaliation protections

A copy of the summary will be provided to you at or before lease execution. The summary is also available from the Delaware Department of Justice, Consumer Protection Unit, at www.attorneygeneral.delaware.gov/fraud/cpu/ or by calling 1-800-220-5424.

5. Smoke Alarms and Carbon Monoxide Detectors

All Month2Month rental properties in Delaware are equipped with operable smoke alarms and carbon monoxide detectors installed in compliance with the Delaware State Fire Prevention Regulations and applicable building codes. Smoke detectors are installed in each sleeping room, outside each sleeping area, and on every level of the dwelling. Carbon monoxide detectors are installed outside each sleeping area and on every level with a fuel-burning appliance, fireplace, or attached garage.

Tenant Responsibilities

• Do not disable, disconnect, cover, or tamper with any smoke alarm or carbon monoxide detector. This is a violation of Delaware law and may result in fines.
• Test all devices monthly by pressing the test button.
• Report immediately if any device is chirping, not functioning, or missing.
• Do not remove batteries.
• If you hear the carbon monoxide alarm sound continuously, evacuate immediately and call 911.

Month2Month is responsible for ensuring all devices are operable at the beginning of each tenancy and for maintaining them throughout, including replacing batteries and units as needed.

6. Mold Disclosure

Mold can cause health problems, especially for people with allergies, asthma, or weakened immune systems. You have a right to know about mold in your rental unit and how to prevent it.

Month2Month is not aware of any mold in the rental property that exceeds permissible exposure limits or poses a health threat at the time of your lease. If mold is discovered during your tenancy, Month2Month will take appropriate remediation action.

Under Delaware's warranty of habitability (DE Code Title 25 §5305), landlords are required to maintain rental properties free from conditions that are detrimental to the health, safety, and welfare of tenants. Mold infestations that affect habitability are the landlord's responsibility to remediate when caused by structural issues, leaks, or other conditions within the landlord's control.

Tenant Responsibilities to Prevent Mold

1. Ventilate your home: Open windows regularly, use exhaust fans in bathrooms and kitchens, and ensure air circulation.
2. Control moisture: Wipe up spills and leaks immediately, do not let water accumulate, and report any leaks or water damage to Month2Month immediately.
3. Use heating and air conditioning: Maintain reasonable temperatures and use climate control systems to reduce humidity.
4. Clean regularly: Regular cleaning prevents mold from establishing itself.
5. Report problems immediately: If you see mold, smell musty odors, or notice water damage, report it to Month2Month right away.

7. Bed Bug Disclosure

Pursuant to DE Code Title 25 §5307A, the following applies to bed bug infestations in rental properties:

Landlord's Obligations

• The landlord must ensure that the rental unit is free from bed bug infestation at the commencement of the tenancy.
• The landlord must respond promptly to reports of bed bug infestation and arrange for professional pest control treatment.
• The landlord is responsible for the cost of treatment unless the infestation is demonstrated to have been caused by the tenant.
• The landlord must provide written notice to the tenant about the treatment process, including preparation requirements and expected timelines.

Tenant's Obligations

• The tenant must promptly report any suspected bed bug infestation to the landlord.
• The tenant must cooperate with professional pest control treatment, including preparing the unit as directed by the pest control operator.
• The tenant must not introduce items known to be infested with bed bugs into the rental property.
• Failure to cooperate with treatment or failure to report an infestation may result in the tenant being responsible for treatment costs.

Identification

Bed bugs have six legs and flat bodies about 1/4 inch long, ranging from red-brown to copper colored. They do not fly but move quickly over surfaces. They hide in mattress seams, box springs, bed frames, headboards, furniture crevices, baseboards, and wall cracks. They feed on human blood at night.

Signs of Infestation

Look for small blood stains on sheets, dark spots (excrement) on mattresses or walls, shed skins, and a sweet musty odor. Bites may appear as red, itchy welts in a line or cluster, though some people do not react.

Prevention

• Inspect your mattress, box spring, and bed frame regularly.
• When traveling, inspect hotel rooms and luggage before returning home.
• Do not bring used mattresses or upholstered furniture into the home without thorough inspection.
• Reduce clutter to eliminate hiding places.

Month2Month has no knowledge of any bed bug infestation in your specific rental unit. If Month2Month becomes aware of bed bug infestation during your tenancy, you will be notified immediately and professional treatment will be arranged.

8. Domestic Violence Protections

Right to Terminate Lease Early

Pursuant to DE Code Title 25 §5314, a tenant who is a victim of domestic violence, a sexual offense, or stalking may terminate a rental agreement by providing the landlord with written notice accompanied by one of the following:

• A copy of a court order of protection from abuse (Protection From Abuse order)
• A copy of an official police report documenting the domestic violence, sexual offense, or stalking
• A certification from a domestic violence service provider or sexual assault service provider

The tenant is released from the rental agreement 30 days after the landlord receives the written notice, or on a date specified in the notice (whichever is later). The tenant remains responsible for rent through the termination date.

Right to Request Lock Changes

A tenant who is a victim may request that the landlord change or rekey the locks to the dwelling unit. The landlord must comply within a reasonable time. If the landlord does not change the locks, the tenant may change the locks and must provide a key to the landlord.

Protection from Eviction

A landlord may not evict a tenant solely because the tenant is a victim of domestic violence, a sexual offense, or stalking. An act of domestic violence against a tenant is not a lease violation by the victim.

Confidentiality

Month2Month will maintain the confidentiality of any information provided by a tenant who is a victim. Documentation provided will be kept in a secure file and will not be disclosed to third parties except as required by law.

Resources

• Delaware Domestic Violence Hotline: 1-800-701-0456 (24/7)
• National Domestic Violence Hotline: 1-800-799-7233 (TTY: 1-800-787-3224)
• National Sexual Assault Hotline: 1-800-656-4673
• Delaware Victims' Compensation Assistance Program: 1-800-464-4357
• Delaware Coalition Against Domestic Violence: www.dcadv.org
• Delaware Courts — Protection From Abuse: courts.delaware.gov

9. Flood Zone Disclosure

If your property is located in a special flood hazard area as designated by FEMA, or has experienced flooding, this information will be disclosed in your lease agreement or property-specific addendum.

Delaware's low-lying coastal geography makes many areas susceptible to flooding from coastal storms, heavy rainfall, and tidal surges, particularly in Sussex County and along the Delaware Bay and Atlantic coast. Tenants should be aware of their property's flood risk and take appropriate precautions.

Tenant Awareness

• Sign up for Delaware Emergency Notification System (DENS) alerts for your area.
• Maintain awareness of local weather conditions, especially during hurricane season (June through November).
• Know your evacuation routes and have an emergency plan.
• Renter's insurance may or may not cover flood damage to personal property — check your policy and consider separate flood insurance.

For detailed flood hazard information, visit the FEMA Flood Map Service Center at https://msc.fema.gov/portal or the Delaware Flood Planning Tool at https://floodplanning.dnrec.delaware.gov.

10. Radon Disclosure

Radon is a naturally occurring radioactive gas that is produced by the decay of uranium in soil, rock, and water. It is colorless, odorless, and tasteless, and can enter buildings through cracks in foundations, gaps around pipes, and other openings. Prolonged exposure to elevated radon levels is the second leading cause of lung cancer in the United States, after smoking.

Radon in Delaware

Radon levels vary significantly across Delaware. Northern New Castle County, particularly areas with certain geological formations, tends to have higher radon potential. However, elevated radon can be found in any area and in any type of building.

Testing

The EPA recommends that all homes be tested for radon. Short-term radon test kits are available at low cost from the Delaware Division of Public Health or from hardware stores. The EPA action level is 4 picocuries per liter (pCi/L) of air. If a radon test shows levels at or above 4 pCi/L, mitigation is recommended.

Tenant Rights

• You may request that Month2Month conduct a radon test of the property.
• You may conduct your own radon test at your expense.
• If elevated radon levels are found, Month2Month will work with you to evaluate and address the situation, which may include installing a radon mitigation system.

For more information: Delaware Division of Public Health Radon Program at 1-866-514-3232 or the EPA radon information website at www.epa.gov/radon.

11. Furnished Property Disclosure

All Month2Month rental properties are provided fully furnished. All furniture, appliances, fixtures, and household items in the property are the property of Month2Month or the property owner and are provided for your use during the term of your lease.

Your Responsibilities

• Maintain all furnished items in the same condition as received, allowing for ordinary wear and tear.
• Use all items for their intended purpose only.
• Do not remove any furnished items from the property.
• Report any damage to furnished items within 48 hours of discovery.
• Do not repair or replace items yourself without prior written approval.

Damage vs. Normal Wear and Tear

Replacement Responsibility

• Tenant-caused damage: Tenant is responsible for the cost of repair or replacement (at depreciated value) of items damaged beyond normal wear and tear. Costs may be deducted from the security deposit.
• Missing items: Tenant is responsible for full replacement cost.
• Normal wear items: Month2Month replaces items that reach end-of-life through normal use.
• Appliance malfunction: If an appliance fails due to normal use or age, Month2Month is responsible for repair or replacement.

Cleaning Standards

The property must be returned in the same level of cleanliness as at move-in. Maintain the kitchen, bathrooms, floors, furniture, and linens in clean condition throughout your tenancy. If professional cleaning is required beyond what is attributable to normal wear and tear, cleaning costs may be deducted from the security deposit.

Inventory

A detailed furniture and household inventory checklist will be provided at move-in. Month2Month will document the condition of all items through photography. You will receive a copy of the move-in condition report.

12. Tenant Rights and Responsibilities

Your Rights

1. Habitable Housing: Your rental unit must meet basic health and safety standards, including adequate weatherproofing, plumbing, heating, electricity, and freedom from vermin and hazardous conditions. The landlord must maintain the premises in a fit and habitable condition. (DE Code Title 25 §5305)
2. Privacy: Your landlord must give at least 48 hours' notice before entering your unit (except in emergencies) and may only enter at reasonable times and for specific lawful purposes. (DE Code Title 25 §5509)
3. Return of Security Deposit: Your deposit must be returned within 20 days after move-out, with an itemized statement of any deductions. Failure to comply results in forfeiture of the right to withhold any portion. (DE Code Title 25 §5514)
4. Summary of Landlord-Tenant Code: You are entitled to receive a summary of the Delaware Landlord-Tenant Code at or before the beginning of your tenancy. (DE Code Title 25 §5118)
5. Freedom from Discrimination: Under the Delaware Fair Housing Act (DE Code Title 6 §4601 et seq.), you cannot be discriminated against based on race, color, religion, sex, national origin, familial status, disability, marital status, sexual orientation, gender identity, source of income, or age.
6. Freedom from Retaliation: Your landlord cannot retaliate against you for exercising your legal rights, including reporting code violations, requesting repairs, or joining a tenant organization. (DE Code Title 25 §5516)
7. Repairs and Maintenance: You have the right to request repairs for conditions that affect health and safety. If the landlord fails to make essential repairs after written notice, you may have remedies including rent escrow. (DE Code Title 25 §5308)
8. Protection from Unlawful Eviction: Your landlord must follow proper legal procedures through the courts and cannot use "self-help" eviction methods such as changing locks, shutting off utilities, or removing personal property. (DE Code Title 25 §5313)
9. Essential Services: The landlord may not willfully or negligently fail to supply essential services such as heat, running water, hot water, electricity, or gas. (DE Code Title 25 §5308)
10. Proper Notice of Termination: The landlord must provide proper written notice before terminating your tenancy: 60 days for month-to-month tenancies, or as specified in your lease for term leases. (DE Code Title 25 §5106)

Your Responsibilities

1. Pay rent in full and on time.
2. Keep the unit clean and sanitary. (DE Code Title 25 §5507)
3. Avoid damaging the property beyond normal wear and tear.
4. Promptly report maintenance issues, leaks, mold, pests, or safety hazards.
5. Allow reasonable access for repairs and inspections with proper notice (48 hours).
6. Comply with all lease terms including occupancy limits, pet policies, and use restrictions.
7. Avoid creating nuisances or disturbing other residents.
8. Use all electrical, plumbing, sanitary, heating, ventilating, and air conditioning systems and other facilities and appliances in a reasonable manner. (DE Code Title 25 §5507)
9. Provide proper notice before moving out and return the property in clean condition.
10. Dispose of garbage and waste in a clean and safe manner.

Resources

• Delaware Department of Justice — Consumer Protection: www.attorneygeneral.delaware.gov/fraud/cpu/ (1-800-220-5424)
• Delaware Volunteer Legal Services: www.dvls.org (302-478-8680)
• Community Legal Aid Society (CLASI): www.declasi.org (302-575-0660)
• Delaware Human Relations Commission: dhr.delaware.gov
• Delaware Domestic Violence Hotline: 1-800-701-0456
• Fair Housing Hotline: 1-800-884-1684