Updated August 04, 2023
A Delaware lease agreement is a contract used by landlords when allowing a tenant to occupy and use property in exchange for monthly rent. In addition to rent, the tenant will be required to maintain the property and inform the landlord of any needed repairs. Responsibilities related to utilities and services to the property will be outlined and negotiated in the lease agreement.
Table of Contents |
Agreement Types (6)
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Required Disclosures (3)
Landlord-Tenant Code (Title 25 § 5118) – Landlords must give new tenants a copy of the “Summary of the Delaware Residential Landlord-Tenant Code” as prepared and disseminated by the Consumer Protection Unit of the Delaware Attorney General.
Lead-Based Paint Disclosure – For any residential dwelling constructed prior to 1978.
Owner/Agent Disclosure (Title 25 § 5105) – The landlord must include the details of the property owners in the lease.
Security Deposits
Maximum Amount (Title 25 § 5514) – Equal to one (1) month for yearly agreements and may be any amount (no cap) as determined by the landlord for a month-to-month lease (Tenancy at Will).
Returning (Title 25 § 5514) – The landlord must return the funds, along with any deductions which much be listed in an itemized statement, within twenty (20) days.
When is Rent Due? (Grace Period)
Rent is due after the five (5) day grace period (Title 25 § 5501(d)).
Late Fees
Maximum Penalty (Title 25 § 5501(d)) – The amount cannot exceed 5% of the monthly rent amount.
NSF Fee (Title 6 § 1301A(a)(2)) – $40 is the maximum fee.
Right to Enter (Landlord)
The landlord must allow for forty-eight (48) hours’ notice to the tenant before entering the premises (Title 25 § 5509).
Resources
- Title 25, Chapter 53 (Landlord Obligations and Tenant Remedies) – Delaware Code.
- Summary of the Delaware Residential Landlord-Tenant Code – Provided by the Fraud and Consumer Protection Division Consumer Protection Unit.