Delaware Lease Agreements (6) | Residential & Commercial

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Updated November 23, 2022

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.

Rental Application – Not required but recommended for a landlord to use to ensure that the person that will be renting their property is qualified.

Table of Contents

Agreement Types (6)

Standard Residential Agreement – Standard fixed version for a term usually amounting to 12 months.

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Commercial Lease Agreement – For the sole use of renting property to be used by a business. May be for any type of commercial property including office, industrial, and retail.

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Month-to-Month Rental Agreement – Known as a tenancy at will with no end date. The landlord or tenant has the option to cancel at any time.

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Rent-to-Own Lease Agreement – Simple lease with the added benefit of having the option to buy the property during the term.

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Roommate Rental Agreement – For the use of more than one individual seeking a shared living arrangement.

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Sublease Agreement – A lessee enters an agreement with a sub-tenant to take over the premises until a specific date or when the master lease expires.

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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 that was constructed prior to 1978.

Owner/Agent Disclosure (Title 25  § 5105) – Owner/Agent must include information in the rental document as to who owns the residence.

Access

(Title 25 § 5509) Landlord must allow for forty-eight (48) hours notice to the tenant before entering the premises.

Late Fees

Delaware law permits a landlord or a landlord’s agent to charge late fees, provided the fee is disclosed on the lease agreement and in accordance with the requirements below.

Grace Period (25 Del.C. § 5501(d)) – Cannot be imposed until five (5) days after the rent’s due date.

Maximum Amount (25 Del.C. § 5501(d)) – The amount cannot exceed 5% of the monthly rent amount.

Security Deposits

Maximum (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) – Landlord must return the funds, along with any deductions which much be listed in an itemized statement, within twenty (20) days.