Delaware Residential Lease Agreement Form

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Last Update July 18th, 2024

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What is a Delaware Standard Lease Agreement

ADelaware lease agreement is used to establish the terms and conditions that a landlord and tenant must follow in regard to a rental property. It is written in a way that complies with the laws of the state in which the property is located.

Lease agreements are similar to rental agreements as they are both legally binding contractsthat define the terms of use and payment plans for a property. However, a lease agreement typically covers long-term leases while a rental agreement deals with short-term tenancies.

The following information should be included in a Delaware lease agreement. 

  • Period of time in which the tenant can occupy the property
  • Amount of rent that should be paid
  • Details about security deposits
  • Frequency of rental payments
  • Information about additional costs
  • Usage terms of the property
  • Eviction terms and procedures

Types of Delaware Lease Agreements

There are many types of Delaware lease agreement forms that can be used to manage and legally bind many different types of rental situations. They allow landlords to rent out various types of property they might have and for tenants to find the best kind of tenancy for their needs.

The most common types of lease agreements in Delaware include:

  • Residential lease agreements: Both the landlord and tenant commit to a fixed set of terms for a set period of time.
  • Rent-to-own lease agreements: Designed for tenants that wish to buy the property they are renting during or after the lease has ended. This typically requires the tenants to pay an additional sum of money each month, to cover the principal costs.
  • Month-to-month rental agreements: The same general terms as a standard residential lease contract, but they can be renewed, altered, or ended on a month-by-month basis.
  • Commercial lease agreements: Provided by landlords of retail property to tenants that will use the real estate to manage a business.
  • Room rental agreements: Used for rooms within properties that have shared living areas.
  • Sublease agreement: Allows tenants to assign or lease the property to another individual as long as they have the property landlord’s permission.

Disclosures for Delaware Lease Agreements

Delaware lease agreements must contain a few disclosures and addendums when they are completed and signed. This is to properly inform the tenant of any health risks or potential issues with the property, or details about how the property is managed that they must be aware of.

These essential addendums include the following: 

  • Landlord-Tenant Code: The tenant must be given a copy of the Landlord-Tenant Code by the landlord at the start of the rental term (Title 25 § 5118).
  • Lead paint disclosure: If the rental unit is in a building constructed before 1978, the landlord or their agent must disclose whether lead paint can be found on the property and must provide safety information for any located on the premises.
  • Landlord/agent address disclosure: The agreement must contain a section or addendum that informs the tenant of the contact information of the main person who can be called upon for any repairs or issues with the property. This may be the landlord or someone appointed to act on their behalf (Title 25  § 5105).

Delaware Lease Agreement Laws

Delaware lease agreements must be written according to the laws of DE state, to ensure that they are legally binding and hold up in court. These regulations will determine what terms you can include in the contract alongside matters such as eviction procedures. 

The most relevant laws to take into consideration when renting a property in Delaware are:

  • Maximum security deposit: In Delaware,landlords are not legally allowed to charge more than one months’ rent if the least lasts more than 1 year. There is no security deposit limit for month-to-month contracts (Title 25 § 5514).
  • Security deposit return: The security deposit amount must then be returned to the tenant no more than 20 days after they vacate the property and give back the keys. The tenant must also be informed in advance of any deductions via an itemized statement (Title 25 § 5514).
  • Landlord’s right to enter: Landlords need to give 48 hours’ advance notice to enter the rental property (Title 25 § 5509). They may only do this between the hours of 8:00am and 9:00pm.

Delaware Residential Lease Agreement Sample

Looking over a completed Delaware lease agreement sample is a good place to start when you’re planning to create your own document. Use our template example below to understand the information that goes into this form and to learn more about what your document can do.

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Delaware Residential Lease Agreement Form

Other Real Estate Documents

Besides lease agreements, there are various other legal documents that are commonly used by landlords. If you are the owner of a rental property, one of the following forms may be helpful for you:

FAQs About Delaware Lease Agreement

It is important to carefully prepare a Delaware lease agreement to suit the needs of the landlord and tenant exactly. To help demystify the process a little, simply review our FAQs below to learn more about the specificities of rental contracts in Delaware.

Can I Write My Own Lease Agreement in Delaware?

It is possible to create a Delaware lease agreement completely online. Using our residential lease agreement maker you can tailor your document for your specific needs and take advantage of professional templates and expert tips.

What are the Main Differences between a DE Lease Agreement & Rental Agreement?

There is a key difference between a Delaware lease agreement and aDelaware rental agreement, which is the length of duration that they each cover.

Lease agreements are normally longer-term arrangements that can last several months or even years, in which their terms remain fixed. Rental agreements on the other hand are shorter-term in nature but are more flexible and may be changed on a weekly or monthly basis.

How to Write a DE Lease Termination Letter?

If either the landlord or tenant for any reason needs to terminate a Delaware lease agreement early, they must provide the correct amount of notice in a written DE lease termination letter.

This letter needs to contain the following information:

  • The name of the landlord and the tenant
  • The date the letter has been written and signed
  • The name and address of the property in question
  • Information explaining why the tenancy needs to be terminated early
  • The reason the lease is being broken
  • The date that the resident will vacate the property
  • Acknowledgment of any penalties that will be incurred
  • Signature of the signing party
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Delaware Residential Lease Agreement Form

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Preview of your Delaware Residential Lease Agreement

RESIDENTIAL LEASE AGREEMENT
THIS LEASE AGREEMENT (hereinafter, the "Lease Agreement") is dated as of ________ day of ________________, ________ (hereinafter, the "Effective Date") and is entered into by and between the following parties:
_________

(hereinafter the "Landlord")

- AND _________

(hereinafter the "Tenant(s)")

The Landlord and the Tenant(s) agree as follows:
1. The Landlord rents to the Tenant(s) and the Tenant(s) rents to the Landlord a house, located at _________ (hereinafter the "Property"), for the sole use as a personal residence.
2. Subject to the provisions of this Agreement, only the Tenant(s) mentioned in this Lease Agreement will be permitted to live on the Property. No other person will be allowed to live on the Property without the prior written consent of the Landlord.
PETS

3. No animal or pet shall be kept, permanently or temporarily, on or about the Property, even temporarily or with a visiting guest. As provided by law, a Service Animal(s) is not considered a pet, and every individual with a disability shall have a right to have a Service Animal(s) on the Property.
PARKING

4. Parking spaces for motor vehicles or motorcycles are not provided nor permitted on the Property under this Lease Agreement.
SMOKING

5. Smoking is not allowed in or on any area of the Property, including individual units and common areas, both indoors and outdoors. This policy applies to all owners, tenants, or guests.

If the Tenant(s) contravenes this provision by smoking or allowing guests to smoke in any place on the property, then such Tenant(s) shall be held liable for any damages caused to the Property. The violation of this provision shall be considered a just cause for the eviction of the Tenant(s) by the Landlord.
VAPING

6. Vaping is not allowed in or on any area of the Property, including individual units and common areas, both indoors and outdoors.
TERM
7. The term of the Lease Agreement begins on _________ (hereinafter, the "Commencement Date") and shall terminate on _________ (hereinafter, the "Termination Date").
8. The Parties must comply with the law of the State of Delaware in any notification to end this tenancy.
RENT
9. The Tenant(s) shall pay the Landlord Rent in the amount of $_________ per week (hereinafter, the "Rent").
10. The Tenant(s) shall pay the Landlord Rent weekly prior to or on _________ day of every week during the term of this Lease Agreement at _________ or at such other place as the Landlord may designate later by:
11. The Landlord may increase the Rent that will be paid for the Property by providing a reasonable notice to the Tenant(s) that the Rent will increase.

Under the law of the State of Delaware, the Landlord shall give the Tenant(s) a 60 days' notice of the Rent increase.
INSPECTIONS
12. The Parties will inspect the property to evaluate its condition at the beginning and the end of the lease term.
13. The Landlord and its agents shall have the right to enter the Property at all reasonable times to inspect, repair, or show it to Prospective buyers or tenants in compliance with the law of the State of Delaware.

Under the law of the state of Delaware, the Landlord shall give the Tenant(s) a minimum of 48 hours' notice to enter the Property.
TENANT IMPROVEMENTS
14. The Tenant(s) shall not make any sort of improvements on the leased Property without the Landlord's prior written consent. All improvements made by the Tenant(s) shall become the Landlord's property and shall be surrendered with the leased premises at the termination of this Lease Agreement unless the Tenant(s) obtain written consent from the Landlord before doing any of the following:

(a) Additions
(b) Alterations
(c) Fixtures
(d) Redecorations
(e) Installing a waterbed(s).
UTILITIES
15. The Tenant(s) shall be responsible for and shall pay for all utilities and services used or consumed at the Property.
INSURANCE
16. The Tenant(s) shall not pay for any insurance to protect property belonging to such Tenant(s). However, if the property belonging to the Tenant(s) suffers any damage or loss, the Landlord will not be liable for any property that suffers any damage or loss.
17. The Tenant(s) will not be held responsible for insuring the Landlord's property in or about the premises. Further, the Tenant(s) will not be liable for either damage or loss of such property.
ATTORNEY FEES
18. In any lawsuit brought to enforce the Lease or under applicable law, the party in whose favor a judgment or decree has been rendered may recover reasonable court costs, including attorneys' fees, from the non-prevailing party.
GOVERNING LAW
19. This Lease Agreement shall be governed, construed, and interpreted by the State of Delaware.
SEVERABILITY
20. If any term or provision of this Lease Agreement is held invalid or unenforceable for any reason, the remaining provisions shall not be affected by such provision and will continue to be valid and enforceable.
21. If a court holds that any provision of this Lease Agreement is invalid or unenforceable and such provision is eliminated, the remaining provisions shall continue to have full effect.
ENTIRE AGREEMENT AND AMENDMENT OF THE LEASE
22. This Lease Agreement contains the entire agreement of the parties and there are no other promises, conditions, understandings, or other agreements, whether oral or written, relating to the subject matter of this Lease. This Lease Agreement may be modified or amended in writing if it is signed by both parties.
ASSIGNMENT AND SUBLETTING
23. The Tenant(s) shall not, without the prior written consent of the Landlord, assign this Lease Agreement or any interest herein or sublet the Property or any part thereof.
DAMAGES
24. All damages done to the property shall be charged to the Tenant(s) and may be considered cause for the termination of this lease agreement.
CARE AND USE OF PROPERTY
25. The Tenant(s) shall occupy and use the Property exclusively as a residential dwelling unit. No other uses shall be allowed to the Tenant(s) other than for residential dwelling purposes, except as may be allowed by the written consent of the Landlord and if and only if the alternative use is allowed under all applicable zoning laws. In such case, the Tenant(s) shall obtain liability insurance to cover any risks associated with alternate use of the property.

Further, the Parties must comply with all health, fire, and safety regulations. Any material breach of this provision by the Tenant(s) constitutes valid grounds for eviction or lease termination.
26. The Tenant(s) accepts the Property in its present condition and state of repair and shall be given possession of the Property on the day of commencement of this Lease Agreement.

At the expiration of the lease term, the Tenant(s) shall leave and surrender the Property in as good a state and condition as they were in at the commencement of the lease term, reasonable use, wear and tear, and damages by the elements excepted.
NOTICE
27. The Tenant(s) may be reached for any matter related to this tenancy at the Property or through the following phone number and email:

(a) Name: _________.
(b) Phone: _________.
(c) Email: _________.
28. The Landlord may be reached for any matter related to this tenancy at the Property or through the following phone number and email:

(a) Name: _________.
(b) Address: _________.
The contact information for the Landlord is:

(c) Phone: _________.
(d) Email address: _________.
GENERAL PROVISIONS
29. All monetary amounts stated or referred to on this Lease are based in the United States dollar.
30. Any waiver by the Landlord of any failure by the Tenant to perform or observe the provisions of this Lease will not operate as a waiver of the Landlord's rights under this Lease in respect of any subsequent defaults, breaches, or non-performance and will not defeat or affect in any way the Landlord's rights in respect of any subsequent default or breach.
31. This Lease will extend to and be binding upon and inure to the benefit of the respective heirs, executors, administrators, successors and assigns, as the case may be, of each Party. All covenants are to be construed as conditions of this Lease.
32. All sums payable by the Tenant to the Landlord pursuant to any provision of this Lease will be deemed to be additional rent and will be recovered by the Landlord as rental arrears.
33. Where there is more than one Tenant executing this Lease, all Tenants are jointly and severally liable for each other's acts, omissions, and liabilities pursuant to this Lease.
34. Locks may not be added or changed without the prior written agreement of both Parties, or unless the changes are made in compliance with the Act.
35. The Tenant will be charged an additional amount of $_________ for each N.S.F. check or checks returned by the Tenant's financial institution.
36. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Lease. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
37. Time is of the essence in this Lease.
IN WITNESS WHEREOF _________, _________ have duly affixed their signatures on this________day of ________________, ________.

________________________________
Landlord: _________

_________________________________
Tenant: _________

The Tenant acknowledges receiving a duplicate copy of this Lease signed by the Tenant and the Landlord on the________day of ________________, ________.

_________________________________
Tenant: _________
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