Delaware Lease Agreement Templates (6)

A Delaware lease agreement is a legally binding document between a landlord and a tenant, written in compliance with the state’s landlord-tenant laws. The landlord agrees to rent all (or a portion of) the property for a fee, and in return, the tenant agrees to the terms and conditions upon signing the document.

Rental Lease Laws Overview

• Rent Control: No.
• Limit on Late Fees: Yes.
• Late Fees in Rental Agreement: Yes.
• Grace Period: Yes.
• License Required for Landlord: Yes.

Before signing a lease, landlords use a rental application in the tenant screening process to identify suitable occupants.

By Type (6)

Standard Lease Agreement

Lets a landlord rent property to a tenant for a fixed period.

Month-to-Month Rental Agreement

This agreement automatically renews on a monthly basis, providing adaptability for both parties.

Commercial Lease Agreement

Allows tenants the use of commercial property for business purposes.

Room Rental Agreement

Sets the rules and responsibilities for individuals sharing a rental property.

Sublease Agreement

Creates a secondary leasing arrangement while upholding the primary tenant's responsibility to the original landlord.

Rent-to-Own Lease Agreement

Extends an exclusive option for tenants to purchase the property at a predetermined price.

Required Lease Disclosures

Delaware state laws impose particular requirements on landlords and tenants when entering a lease agreement. [1] Some of these statutes mandate that landlords provide tenants with the following disclosures:

• Owner/Agent Disclosure. (1) The names and business addresses of all property owners, or their agents of the dwelling unit, and/or any person who is considered a landlord; and (2) A copy of the written rental agreement. [2]
• Summary of Residential Landlord-Tenant Code. Landlords must give tenants a summary of the Landlord-Tenant Code as prepared by the Consumer Protection Unit of the Attorney General’s Office. [3]
• Lead-Based Paint Disclosure. Landlords of rental units built before 1978 must provide a lead-based paint disclosure along with the lease agreement to notify tenants of the possible presence of lead-based paint hazards in rental units and in common areas. [4]

Security Deposit

• Maximum Amount: If the property is unfurnished and the lease term is one year or more, a landlord can charge up to one month’s rent for a security deposit. For month-to-month tenancies, there’s no maximum limit until the tenancy reaches a year. [5]
• Receipts: Not specified.
• Interest Payments: Not required.
• Bank Account: The security deposit must be placed in an escrow bank account in a federally insured banking institution. [6]
• Returning Requirements: A landlord must return the security deposit to the tenant within 20 days after the end of the lease, along with an itemized list of any costs deducted to repair tenant damage. [7]
• Withholding Rules: If a landlord fails to return the security deposit within 20 days, they may owe the tenant double the amount wrongfully withheld. Landlords can withhold part of the deposit for unpaid rent or damages.

Rent Payments

• Laws: Rent must be paid at the time and place agreed upon by both parties. Unless stated otherwise, for rental terms of 1 month or less, the full rent is due at the start of the term. For longer terms, rent is due at the beginning of each month. [8]
• Rent Control: Delaware has no rent control policies, so landlords can set any rent amount. If a landlord plans to increase rent, they must provide at least 60 days’ notice. Tenants have 15 days to respond; if they do not, they must vacate the property within 60 days.
• Late Fees and Grace Period: A late fee cannot be more than 5% of the monthly rent. [9] There is a 5-day grace period during which landlords cannot charge late fees. If rent remains unpaid after this period, landlords can initiate eviction proceedings by issuing a 5-day notice to quit.
• Withholding Rent: Tenants must notify the landlord in writing of any defects, who then has 10 days to start repairs and 30 days to complete them. If repairs are not made, tenants can do the repairs themselves and deduct up to $400 or half a month’s rent, whichever is less. [10] If essential services are not restored within 48 hours of notice, the tenant may withhold two-thirds of their rent, prorated for each day the issue persists. [11]

Landlord Right of Entry

• Notice Requirements: Landlords must provide at least 48 hours advance notice to the tenant before entering the rental property. [12]
• Keys, Locks, and Security: Tenants generally need landlord permission to change locks, except in emergencies. New keys must be provided to the landlord within five days of an emergency lock change.

Property Repairs

• Landlord Responsibilities:Landlords must ensure rental units are habitable and meet local housing and safety codes. They are obligated to promptly make repairs and provide essential utilities, including electricity, plumbing, sanitation, running water, HVAC systems, and trash cans.
• Tenant Repairs: Tenants must maintain their rental unit, including checking electrical, plumbing, and sanitation systems. They are also responsible for keeping fixtures clean and performing minor maintenance.
• Abandonment: The landlord may stipulate in the lease agreement that the tenant must notify them within the first day of any extended absence. [13]

Terminating a Lease

• Month-to-Month Tenancy: The lease can be terminated with a 60-day notice.
• Unclaimed Property: If an evicted tenant leaves personal items, the landlord must store them for seven days at the tenant’s expense. If the items are not retrieved and storage fees are not paid within this period, the property is considered abandoned. [14]

Sample

Below is an example of a free Delaware lease agreement template that you can download in PDF or Word format.