HB 217 Delaware House · 153rd General Assembly (2025-2026)

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

Summary
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.
Bill status signed all 5 stages cleared
Introduction
Jun 2025
Committee Review
May 2026
House Passage
May 2026
Senate Passage
Jun 2026
Signed into Law
Jun 2026
Introduced Jun 17, 2025 Signed Jun 24, 2026
Maddy AI version diff · 1 comparison

What changed between versions

HA 1 to HB 217 Bill Text · 6 edits
MODERATE
The final bill text significantly expands the scope of HB 217 beyond the House Amendment No. 1 version. It now requires leases to include clear key surrender procedures, prohibits requiring key return before the lease ends, adds rules for multi-tenant situations, and narrows the default key return method by removing the in-person option that HA 1 had added. The bill also reverses HA 1's change from 'mailbox' back to 'drop box' - actually it goes the other way, HA 1 changed mailbox to drop box, and the final text uses 'mailbox of the leasing office.'
Scope change
Expanded from a narrow amendment providing only default key surrender methods to a broader act that imposes requirements on lease content, defines when possession is returned, and addresses multi-tenant situations.
REQUIREMENT

New subsection (a) requires that any lease conditioning security deposit return on key surrender must include a clear procedure for key surrender and may not require surrender before the lease term ends.

The default key return method in subsection (d) was narrowed: the in-person surrender option on the next business day (added in HA 1) was removed. Tenants may now only leave keys in the rental unit or the mailbox of the leasing office by the end of the lease date with written notice.

DEFINITION

New subsection (b) defines when possession of a rental unit is considered returned when the last day of the lease falls on a weekend, holiday, or other closed day - it is the date the tenant either follows lease procedures or completes the default procedure in subsection (d).

ELIGIBILITY

New subsection (c) provides that when multiple tenants are on a lease, possession is only considered returned when ALL tenants have complied with the key surrender procedure.

TECHNICAL

The term 'secured drop box' from HA 1 was replaced with 'mailbox of the leasing office' in the final text, and the requirement that a landlord label a drop box as secured was removed.

SCOPE

The bill's overall scope expanded from only providing default key surrender procedures (HA 1) to also imposing affirmative requirements on lease drafting, defining possession return timing, and addressing multi-tenant scenarios.

Floor votes · Senate Jun 16, 2026 · House May 14, 2026

How they voted

210
Passed
Total votes 21
Jun 16, 2026
D Democratic15
15 Yea
100% Yea
R Republican6
6 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
9
Key actions
6
Committee
2
Amendments
2
Jun 24, 2026
Signed into law
Signed by Governor
executive
Jun 16, 2026
Upper · Passed
Passed By Senate. Votes: 21 YES
upper
May 20, 2026
Upper · Passed
Reported Out of Committee (Housing & Land Use) in Senate with 5 Favorable
upper
May 14, 2026
Introduced
Assigned to Housing & Land Use Committee in Senate
upper
May 14, 2026
Lower · Passed
Passed By House. Votes: 38 YES 1 NOT VOTING 2 ABSENT
lower
May 14, 2026
Lower · Passed
Amendment HA 1 to HB 217 - Passed In House by Voice Vote
lower
May 12, 2026
Introduced
Amendment HA 1 to HB 217 - Introduced and Placed With Bill
lower
Mar 10, 2026
Lower · Passed
Reported Out of Committee (Housing) in House with 2 Favorable, 5 On Its Merits
lower
Jun 17, 2025
Introduced
Introduced and Assigned to Housing Committee in House
lower
5 primary · 0 co-sponsors

Sponsors