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Delaware Standard Residential Lease Agreement

A Delaware standard residential lease agreement is the most widely used rental contract binding landlords and tenants. This kind of arrangement pertains to a fixed term, typically one year.
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Updated August 11, 2024

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Rental Application – Used by landlords to assess whether a tenant has the financial resources to pay rent.

Required Disclosures (5)

1. Landlord-Tenant Code – A copy of this code must be furnished to the tenant.[1]

2. Owner/Agent Disclosure – Identification information about the owner and agent must be disclosed to the tenant.[2]

3. Bedbug Disclosure – If a property or nearby property is infested with or being treated for bedbugs, the tenant must be notified.[3]

4. Lead-Based Paint Disclosure & EPA Pamphlet – If the property was built before 1978, this is a required disclosure.[4]

5. Right to Legal Representation – If the landlord owns more than three properties, then the tenant must be made aware of their right to legal representation.[5]{6] 

Security Deposit Laws

Maximum Amount – One month’s rent.[7]

Separate Bank Account – Security deposits must be held in an escrow account.[8]

Returning to Tenant – A security deposit must be returned within 20 days of the tenant moving out.[9]

Rent Payment Laws

Grace Period – Five days. [10]

Maximum Late Fee (5%) – No more than 5% of rent.[11]

NSF Fee – $50.[12]

Sources

  1. § 5118
  2. § 5105(a)
  3. § 5317
  4. 42 U.S. Code § 4852d
  5. § 5602
  6. § 5606
  7. § 5514(a)
  8. § 5514(b)
  9. § 5514(f)
  10. § 5514(f)
  11. § 5501(d)
  12. § 1301A(a)