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 residential property for a fee, and in return, the tenant agrees to the terms and conditions upon signing the document.
Laws
Required Lease Disclosures
Delaware state laws impose particular requirements on landlords and tenants when entering a lease agreement, according to Title 25, Part III of the Delaware Code. Some of these statutes require landlords to provide tenants with the following disclosures:
- (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 (§ 5105).
- 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 (§ 5118).
- Lead-Based Paint Disclosure – Landlords of Delaware rental units built before 1978 must provide a lead-based paint disclosure along with the rental agreement to notify tenants of the possible presence of lead-based paint hazards in rental units and in common areas (Title 42 U.S. Code § 4852(d)).
Security Deposit
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. 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. The security deposit must be placed in an escrow bank account in a federally-insured banking institution (§ 5514).
Landlord Right of Entry
Landlords must provide at least 48 hours advance notice to the tenant before entering the rental property (§ 5509).
Sample
Below is an example of a free Delaware lease agreement template that you can download in PDF or Word format.
