Delaware Lease Agreement

Last updated March 20th, 2024

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A Delaware lease agreement is a contract between a landlord and a tenant. It outlines monthly rent, property maintenance, repairs, and utilities/services.

Rental Applications – are not mandatory; they are highly recommended for landlords to ascertain the qualifications of potential tenants. This practice can help landlords ensure that they select the most suitable and reliable tenants for their rental properties. By requesting rental applications, landlords can obtain important information about a tenant’s employment history, credit score, and rental history, which can help them make informed decisions about who to rent their property to.

Types of Agreements

Standard Lease Agreement is a fixed contract typically lasting one year.
Commercial Lease Agreement covers all commercial properties, including retail (such as restaurants and stores), office, and industrial (such as warehouse and manufacturing sites).
Month-2-Month Agreement has no end date and can be canceled by either party with 30 days’ notice.
Rent-to-Own Lease Agreement allows renting real estate with an option to purchase from the Landlord/Seller.
Room (Roommate) Agreement is to rent a room and share living quarters with a new tenant.
Sublease Agreement is when a tenant in a binding lease wants to rent their property to another person (sublessee), they need a sublease agreement. Landlord’s consent is required.


Landlord-Tenant Code – It is mandatory for landlords to provide new tenants with a copy of the “Summary of the Delaware Residential Landlord-Tenant Code”, which has been prepared and distributed by the Consumer Protection Unit of the Delaware Attorney General. This document is an essential resource that outlines the rights and responsibilities of both tenants and landlords in accordance with the Delaware Residential Landlord-Tenant Code. It is imperative that landlords comply with this requirement to ensure that their tenants are well-informed and protected under the law.

Lead-Based Paint Disclosure Form – If you are renting, buying, or selling a residential dwelling that was built before 1978, you must disclose whether or not the property contains lead-based paint.
Owner/Agent Disclosure – As per the stipulations of Title 25 § 5105, it is incumbent upon the landlord to provide a comprehensive disclosure of the property owner’s information in the lease. This ensures transparency and accountability in all aspects of the lease agreement.

Security Deposit

Maximum Amount – In accordance with Title 25 § 5514, the maximum amount for yearly rental agreements is limited to one month’s rent. For month-to-month leases under Tenancy at Will, it is up to the landlord to determine the amount. It is important to note that the aforementioned stipulations apply and should be carefully considered when entering into a rental agreement.

Return – The landlord must return the security deposit within 20 days of the tenant moving out, along with an itemized statement of any deductions.
Grace Period
According to Title 25 § 5501(d), rent is expected to be paid within five (5) days after the grace period.

Late Fees

As per the guidelines outlined in Title 25 § 5501(d), it is important to note that the maximum penalty amount should not exceed 5% of the monthly rent.

Right to Enter

As per the regulations set forth in Title 25 § 5509, the landlord is required to provide the tenant with a minimum of 48-hour notice before entering the leased premises. This notification allows the tenant to prepare and plan accordingly while respecting their privacy and ensuring a peaceful living environment.