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Guide Delaware (DE)

Delaware utility billing and RUBS: what landlords should know

By MeterEase · Updated

Delaware’s Residential Landlord-Tenant Code generally requires a separate meter before a landlord bills a tenant for a utility based on consumption. 25 Del. C. § 5312 limits charges to the actual cost billed by the provider, gives tenants a right to inspect the bills, and allows charges that are not based on consumption to be prorated or apportioned among units if the rental agreement provides for it.

What the Delaware sources say

  • A landlord may charge a tenant separately for a utility measured by a meter only if the rental agreement provides for it. Except for metering systems in use before July 17, 1996, a landlord may not separately charge for a utility service unless it is separately metered (25 Del. C. § 5312(a)).
  • Charges may not exceed the actual cost of the service charged by the provider to the landlord (§ 5312(c)).
  • Tenants may inspect the bills and records used to calculate their charges, and the landlord keeps them for 1 year (§ 5312(d)).
  • Utility charges are treated as rent under the Code, and a landlord may not shut off utility service for nonpayment (§ 5312(e)).
  • Metered charges are billed at least monthly, with no more than 2 estimated bills in a row (§ 5312(f)).
  • Separate metering does not apply to utility charges that are not calculated based on consumption. If the rental agreement provides for it, those may be prorated or apportioned among units, as long as the total does not exceed the landlord’s actual cost (§ 5312(i)).

Each point links to its source at the bottom of this page. Rules change, and cities, counties and utilities can add their own. Read the source before you rely on it.

Common lease and disclosure practices

  • The rental agreement states which utilities are billed separately (§ 5312(a), (i)).
  • For non-consumption charges, it says how they are apportioned and whether they are billed monthly or quarterly (§ 5312(i)).
  • Keep each bill and calculation for at least a year so tenants can inspect them (§ 5312(d)).

Electricity and gas

Consumption-based utilities, including electricity, fall under the separate-meter rule in § 5312(a). Meters may be inspected by and must be approved by the Division of Weights and Measures.

How to split it fairly

Where a formula split is allowed, pick one method, put it in the lease, and use it every month. Water tends to follow the number of people, so occupants or a blend of occupants and square footage is common. Trash is usually split equally per unit. Take common-area use out first if your rules call for it, and never bill tenants more in total than the master bill plus any fee your rules allow.

Not legal advice. This page summarizes public sources in plain English as of the date above. It is not legal advice and does not mean any billing method complies with the law for your property. Check your lease and local rules, and talk to a Delaware attorney if you are unsure.

Other states

Run this split every month without the spreadsheet

MeterEase reads the master bill PDF, applies your method and vacancy rule, and emails each tenant their share with the source bill attached, after you check the numbers, unless you turn on auto-send for a property. Plans start at $14/month.

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Questions

Is RUBS allowed in Delaware?

For consumption-based utilities, 25 Del. C. § 5312 generally requires a separate meter before a landlord bills a tenant separately (systems in use before July 17, 1996 are excepted). Charges not calculated on consumption may be apportioned if the rental agreement provides for it. This is general information, not legal advice.

Can a Delaware landlord add a markup?

Section 5312 limits charges to the actual cost billed by the provider to the landlord.

Who enforces Delaware’s utility billing rules?

Section 5312(h) gives enforcement authority to the Consumer Protection Unit of the Attorney General’s office and says the Public Service Commission has no jurisdiction over these landlord billing practices.

Related guides

Sources

Example numbers on this page are made up to show the math. This guide is general information, not legal advice; rules differ by state, city and utility.