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Delaware

A Delaware lease agreement is a legally binding document between a landlord and a tenant that establishes the terms and conditions for renting a residential property. This agreement must comply with Delaware’s landlord-tenant laws.

Types of Delaware Lease Agreements

  1. Residential Lease Agreements: Fixed-term agreements for a specified duration, typically one year.
  2. Rent-to-Own Lease Agreements: Allows tenants to purchase the property during or after the lease term.
  3. Month-to-Month Rental Agreements: Flexible agreements that can be renewed or terminated monthly.
  4. Commercial Lease Agreements: For properties used for business purposes.
  5. Room Rental Agreements: For renting individual rooms in shared properties.
  6. Sublease Agreements: Allows tenants to lease the property to another person with the landlord’s permission.

Required Disclosures

Delaware law mandates certain disclosures that landlords must provide to tenants at the beginning of a lease agreement:

  1. Landlord-Tenant Code: A summary of the state Landlord-Tenant Code must be provided to the tenant.
  2. Owner/Agent Disclosure: The names and addresses of all property owners or their agents must be disclosed.
  3. Lead-Based Paint Disclosure: Required for properties built before 1978, landlords must inform tenants about potential lead paint hazards and provide safety information.
  4. Right to Counsel Disclosure: Tenants must be informed of their right to legal representation if the landlord owns more than three properties.

Security Deposit Laws

Maximum Amount

The maximum security deposit is limited to one month’s rent for leases lasting one year or more. For month-to-month tenancies, there is no maximum limit until the tenancy reaches one year.

Separate Bank Account

Security deposits must be held in an escrow account in a federally insured banking institution.

Returning to Tenant

Landlords must return the security deposit within 20 days after the tenant vacates the property, along with an itemized list of any deductions for damages.

Rent Payment Laws

Grace Period

There is a five-day grace period during which landlords cannot charge late fees.

Maximum Late Fee

Late fees cannot exceed 5% of the monthly rent.

NSF Fee

A fee of $50 may be charged for non-sufficient funds (NSF) checks.

Additional Information

Lease Duration

Leases can be of any specific length agreed upon by both parties, but oral leases typically cannot exceed one year.

Notarization

Lease agreements do not need to be notarized to be valid in Delaware.

Automatic Renewal

Leases can automatically renew unless either party takes action to terminate the agreement.

Landlord Right of Entry

Landlords must provide at least 48 hours’ notice before entering the rental property.

Property Repairs

Landlords are responsible for maintaining habitable conditions and making necessary repairs promptly.

Terminating a Lease

Month-to-month tenancies require a 60-day notice for termination.

FAQs

In Delaware, landlords must provide several required disclosures in a residential lease agreement, including the Landlord-Tenant Code, Owner/Agent Disclosure, Bedbug Disclosure, Lead-Based Paint Disclosure (for properties built before 1978), and the Right to Legal Representation if the landlord owns more than three properties.

In Delaware, the maximum security deposit that a landlord can charge is one month’s rent for leases lasting one year or more. For month-to-month tenancies, there is no maximum limit until the tenancy reaches a year.

A landlord in Delaware must return the security deposit to the tenant within 20 days after the tenant moves out. The landlord must also provide an itemized list of any deductions made from the deposit.

Yes, Delaware law provides a grace period of five days for rent payments. Landlords cannot charge late fees during this period.

If a landlord fails to return the security deposit within the required 20 days, they may owe the tenant double the amount wrongfully withheld, unless the deductions were for unpaid rent or damages.

No, lease agreements in Delaware do not need to be notarized to be legally binding. A lease is valid as long as it is signed by both parties.

Yes, a lease can automatically renew in Delaware. If neither party takes action at the end of the initial tenancy period, the lease typically converts to a month-to-month rental agreement.

To terminate a month-to-month lease in Delaware, either party must provide a 60-day notice to the other party.

Landlords in Delaware are responsible for ensuring that rental units are habitable and meet local housing and safety codes. They must promptly make necessary repairs and provide essential utilities.