Free Delaware Lease Agreement Templates

Delaware lease agreements must comply with the state’s landlord-tenant laws. These laws outline and limit various fees and rights for both landlords and tenants. View the table below for an overview of the most relevant Delaware lease laws.

Delaware lease agreements vary depending on the type, purpose, and duration. View the different types of lease agreements to find the one that works best for you.

Delaware Standard Lease Agreement

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

Delaware Month-to-Month Rental Agreement

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

Delaware Commercial Lease Agreement

Allows tenants the use of commercial property for business purposes.

Delaware Room Rental Agreement

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

Delaware Sublease Agreement

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

Delaware Rent-to-Own Lease Agreement

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

Delaware has no rent control regulations; however, 25 DE Code § 5501 states that landlords should charge a “reasonable” rate.

Additionally, late fees cannot exceed five percent of the monthly rent. All late fee policies should be outlined in the lease agreement before signing. The landlord must also provide a five-day grace period for the tenant to pay before charging late fees or pursuing legal action.

Delaware places limitations on security deposits and establishes regulations for returning funds. Under 25 DE Code § 5514, landlords may not charge a tenant more than one month’s rent in a security deposit. This applies to all Delaware residential lease agreements unless the unit is furnished.

Security deposits must be held in an escrow account with a state office that accepts deposits and is not used for other purposes. At the end of the lease, the landlord is required to return the deposit to the tenant within 20 days. If the landlord uses the deposit to cover damages beyond normal wear and tear, they must provide a return letter and an itemized list of deductions within 20 days.

Delaware laws also outline procedures for landlord entry and responsibility for property repairs. Under 25 DE Code § 5509, the landlord must provide 48 hours’ notice to enter, unless the tenant specifically requested repairs. Entry should also occur between the hours of 8 AM and 9 PM, and tenants should not unreasonably withhold consent for the landlord’s entry. In emergencies, no notice is required.

Additionally, Delaware law requires landlords to ensure that rental units are habitable and meet local housing and safety codes. They must also promptly make repairs and provide essential utilities. In turn, tenants are responsible for keeping electrical, plumbing, and sanitation systems clean.

Disclosure forms improve communication and ensure each party understands the agreement. In Delaware, landlords are required to provide the following lease disclosure forms:

• Owner/Agent Disclosure
• Summary of Residential Landlord-Tenant Code.
• Lead-Based Paint Disclosure for units built before 1978

When either party wants to terminate the lease, they can write and deliver a 60-day termination notice to the other party, as outlined in 25 DE Code § 5106. This indicates their intention to terminate the agreement and either move out or find new tenants.

Per 25 DE Code § 5715, if an evicted tenant leaves behind 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.

Use Legal Templates’ free Delaware lease agreement to create an effective rental agreement. Our downloadable lease forms, available in PDF and Word format, allow you to customize your terms while meeting state requirements.