Key Takeaways
- Landlords in Delaware can charge up to the equivalent of one (1) month’s rent as the security deposit.
- The landlord must refund the security deposit within 20 days.
- Tenants can pay outstanding rent arrears within 10 days to avoid eviction after one has been filed.
- The landlord must provide 48 hours’ notice before they enter your premises if there’s no emergency.
Delaware Lease Agreement Templates
Residential Lease Agreement
Residential Rental Agreement
Used 5,261 times
Save time and resources by using this customizable residential rental agreement to create legally binding contracts with your tenants. It includes detailed sections about all aspects of a typical tenancy, including terms, responsibilities, rent, duration, insurance, maintenance, and more.
This document is essential when renting out a residential property in Delaware. It outlines the terms and conditions of the lease agreement between the landlord and the tenant, ensuring clarity and understanding.
Delaware Apartment Lease
If you’re leasing an apartment in Delaware, this template is tailored to your needs. It specifies the terms and obligations relevant to apartment living, facilitating a smooth rental process.
Delaware Room Rental
Need to rent out a room in your Delaware property? This template is designed for that purpose. It establishes the rules and expectations for both the landlord and the tenant renting the room, fostering a clear agreement.
Delaware Month-to-Month Lease
For flexibility without a long-term commitment, this lease agreement is ideal for properties in Delaware. It allows for a month-to-month rental arrangement, providing both parties with the freedom to adjust as needed.
Commercial Lease Agreement
When leasing a commercial property in Delaware, this agreement is crucial. It delineates the terms and conditions for renting a property for business purposes, ensuring a mutually beneficial arrangement.
Lease to Purchase Agreement
Considering a lease with the option to buy in Delaware? This agreement outlines the terms for both the lease and potential purchase, offering clarity and security for both parties involved.
Sublease Agreement
When subleasing your Delaware property, this agreement helps facilitate the process smoothly. It clarifies the responsibilities and obligations between the original tenant (sublessor) and the new tenant (sublessee), ensuring a transparent transition.
Understanding Delaware Rental Laws
Staying informed about renter’s rights and protections is the key to a successful tenancy in the First State. A solid understanding of the Delaware Code Title 25 – Property ensures you can fairly scrutinize Delaware lease agreement templates. These rental contracts are legally binding so learning your responsibilities and rights gives you smooth sailing.
| Laws | Name | Description |
| Part III – Chapter 51: Subchapter I – Section 5101 – 5104 | General Provisions | Explains the jurisdiction and applicability of the law |
| Part III – Chapter 51: Subchapter I – Section 5116 | Fair housing provisions | Outlines protections granted to tenants |
| Part III – Chapter 53: Section 5301 – 5309 | Landlord obligations and tenant remedies | Establishes the landlord’s obligations and outlines legal recourse for tenants |
| Part III – Chapter 53: Section 5311 – 5312 | Fees; Metering and charges for utility services | Describes accepted fees and associated terms |
| Part III – Chapter 55: Section 5514 | Security deposit | Regulates the collection, handling, and refunding of security deposit after lease termination |
| Part III – Chapter 56: Section 5601 – 5607 | Right to Legal Representation in Evictions and Other Landlord-Tenant Actions | Establishes the process and provisions applied during eviction. |
Security Deposit Limits
- Set limits: For leases lasting one year or longer, landlords can’t charge more than the equivalent of one (1) month’s rent as the security deposit amount. However, an exception applies to federally assisted housing. Notably, these limits don’t apply to furnished rental units.
- Handling the security deposit: The landlord is expected to hold the security deposit in a separate escrow account under a federally insured bank within the state.
- Permissible deductions: The landlord can deduct from the security deposit damages exceeding normal wear and tear that can’t be fixed by painting or cleaning.
- Return requirements: If there are no deductions, the full deposit must be returned within 20 days after lease termination.
- Penalties: Failure to refund the security deposit within 20 days entitles the tenant to double the wrongfully withheld amount. If the landlord doesn’t disclose where the deposit is banked within 20 days, they forfeit the entire deposit.
Eviction Procedures
- Serving the notice to the tenant: The landlord delivers a written notice to the tenant by hand, to an adult on premises, by certified mail, regular mail with a certificate, or posted on the unit plus mailed. Using mail services extends the notice period by three (3) days.
- Filling a complaint in court: If the tenant remains after the notice period, the landlord can file a complaint with the Justice of the Peace Court. It must include details like parties, rental address, grounds, and a copy of the notice served.
- Court summons: The court has the constable serve the tenant the summons and complaint five (5) to 30 days before the hearing. The summons can be served by hand, left with an adult, by mail, or posted on-premises.
- Hearing and judgment: If the tenant misses a hearing, the judge issues a default judgment favoring the landlord. Parties can request a continuance (10 days maximum) or jury trial to add time. With judgment from the landlord, a writ of possession was issued. Tenants can pay outstanding rent within 10 days to avoid eviction.
- Writ of possession issued: Typically, it’s issued within 10 days after a judgment favoring the landlord. The tenant gets 24 hours’ notice to vacate before forcible removal. A $35 fee applies when the writ is issued.
- Return of possession to the landlord: If a tenant leaves belongings, the landlord must store them for seven (7) days at the tenant’s expense before considering them abandoned. This final step completes the eviction.
Right to Enter (Landlord)
- Landlord access right: Landlords can enter to inspect, make repairs, show the unit to prospective tenants, address emergencies, and secure the property from damage.
- Non-emergency entry: landlords must provide at least 48 hours written or verbal notice and can only enter between 8 am and 9 pm.
- No notice entry: the landlord can enter without notice for emergencies threatening the tenant’s health or the property’s safety.
- Tenant refusal of entry: Tenants can’t unreasonably refuse entry for legitimate reasons after proper notice. For illegal refusals, landlords can get a court order, potentially terminate the lease, and recover damages.
- Illegal entry: Landlords entering illegally without a valid reason/notice can face court injunctions, liability for tenant’s damages, and potential lease termination by the tenant.
- Right to change locks: Tenants can change locks but must provide the new keys to the landlord, as landlords maintain the right of legal entry.
Disclosures
In Delaware lease agreement templates, landlords must provide the following disclosures to tenants when entering into a lease agreement:
- Lead-based paint disclosure: Landlords that own homes built before 1978 must provide information about concentrations of lead-based paint and lead-based paint hazards.
- Authorized agents: Landlords must disclose the names and addresses of all persons authorized to manage the premises.
- Landlord-tenant law: A copy of the Delaware Residential Landlord-Tenant Code summary must be attached to the lease.
- Security deposit: If collecting a security deposit, landlords must disclose the name and location of the federally insured financial institution where it will be held.
