Delaware Residential Lease Agreement Form
Create a residential lease agreement that meets all the requirements necessary in Delaware State. Start today with the help of step-by-step instructions and our contract generator.
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Last Update May 20th, 2023
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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.
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.
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
You are only a few steps away from your own Delaware Lease Agreement!