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.
By Type (6)
Room Rental Agreement
Sets the rules and responsibilities for individuals sharing a rental property.
Commercial Lease Agreement
Allows tenants the use of commercial property for business purposes.
Rent-to-Own Lease Agreement
Extends an exclusive option for tenants to purchase the property at a predetermined price.
Month-to-Month Rental Agreement
This agreement automatically renews on a monthly basis, providing adaptability for both parties.
Sublease Agreement
Creates a secondary leasing arrangement while upholding the primary tenant's responsibility to the original landlord.
Laws
Overview
Rent Control: No.
Limit on Late Fees: Yes.
Late Fees in Rental Agreement: Yes.
Grace Period: Yes.
License Required for Landlord: Yes.
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:
- 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 (§ 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.
