25 Del. C. ch. 51 § 5123
Tenant employee
Operative Text
(a) When the employment of a tenant employee is terminated by the employer, if the employer is the landlord or the management agent of the landlord, and no written rental agreement is in effect, the landlord must offer the tenant employee the opportunity to enter into a written rental agreement, for a specified monthly rent, of the dwelling place where the tenant employee is residing or, if available, equivalent substitute housing. The landlord’s offer of a written rental agreement may be conditioned on the tenant employee financially qualifying as a tenant and meeting the landlord’s income, credit, or other financial requirements for rent of the dwelling place. The offer of a written rental agreement must be made within 5 business days of termination of employment. (b) At the time of hire or move in, a landlord must provide a tenant employee with a written disclosure form to be signed by both the tenant employee and the landlord, advising the person of all conditions and requirements for occupying and vacating the dwelling place prior to occupancy. The disclosure form must include notice of the right to continued occupancy after termination described in subsection (a) of this section. A written disclosure form is not required if the tenant employee’s rights and responsibilities are disclosed in the written rental agreement or an addendum to the written rental agreement. (c) This section does not apply if the tenant employee’s termination is for cause.
Delaware Code 25 Del. C. ch. 51 § 5123 addresses situations where a person lives in housing tied to their employment with a landlord or the landlord's management agent. When that employment ends without cause and no written rental agreement is already in place, the landlord is required to offer the former employee a written rental agreement—at a specified monthly rent—for their current dwelling or comparable available housing, within five business days of termination. Separately, at the time of hire or move-in, the landlord must provide a signed written disclosure form explaining occupancy conditions, vacating requirements, and the right to continued occupancy after termination; this disclosure requirement is waived if the same information appears in a written rental agreement or addendum.
Plain English — not legal advice.
Under 25 Del. C. ch. 51 § 5123, operators who house employees on their properties generally maintain a signed written disclosure form at the time of hire or move-in, covering all occupancy conditions, vacating requirements, and the employee's right to a rental agreement offer upon termination. When a tenant employee's employment is ended without cause, compliant operators typically prepare and deliver a written rental agreement offer—specifying a monthly rent—within five business days of the termination date. The offer may be conditioned on the prospective tenant meeting standard income, credit, or other financial qualifications used for other renters at the property.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 5123 of Title 25 of the Delaware Code gives tenant employees certain housing protections when their employment with a landlord or the landlord's management agent ends without cause and no written rental agreement is already in place. In that situation, the landlord is obligated to offer a written rental agreement within five business days, and a tenant employee who does not receive this offer may have grounds to raise a violation of § 5123 as part of any subsequent housing proceeding. Tenant employees who believe their rights under this provision have not been honored may consider contacting a Delaware tenant-rights organization or legal aid office to understand the options available to them.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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