Delaware Laws
Requirement to Record: Must be recorded if the lease is longer than 5 years. If the lease is not recorded, notice to third parties is not legally established.[1][2]
Expiration: There is no statutory expiration for an option to purchase.
Maximum Term: Delaware law does not define a maximum term.
No Duration: No specific state laws address the lack of a defined duration for the option portion of the lease. Without a specific expiration date, the option will expire when the lease expires.
Signing Requirements: The option must be in writing and must be signed by the seller to be enforceable.[3]
Required Disclosures (5)
1. Bed Bug Disclosure – The landlord is required to inspect the premises before leasing to a prospective tenant. The tenant must receive a written disclosure stating if the residence or an adjacent unit is infested or being treated for bed bugs.[4]
2. Landlord-Tenant Code – Landlords must give new tenants a copy of the “Summary of the Delaware Residential Landlord-Tenant Code.”[5]
3. Owner/Agent Disclosure – The landlord must include the details of the property owners in the lease.[6]
4. Lead-Based Paint Disclosure & EPA Pamphlet (conditional) – Required for any residential dwelling constructed prior to 1978.[7]
5. Right to Legal Representation (conditional) – This informs tenants with incomes below 200% of federal poverty guidelines about their right to free legal representation in eviction proceedings if the landlord has more than three rental units and access to legal representation.[8][9] Visit the Delaware Legal Help Link for more information.
Seller’s Disclosures (4)
1. Lead-Based Paint Pamphlet (conditional) – Gives general information about lead-based paint for properties built before 1978.[10]2. New Construction Property Disclosure Form (conditional)- This covers all potential issues and conditions that may affect the value of a newly constructed property.
3. Radon Disclosure (required) – Every buyer of residential property must be notified of potential exposure to radon.[11]
4. Seller’s Disclosure of Real Property Condition Report (required) – The State of Delaware requires all sellers of residential property to disclose material defects of the property that are known to them when the property is put up for sale.[12]