Delaware Rental Lease Agreements

The Delaware Rental Lease Agreements are created between landlords and tenants to outline the legal obligations they have to one another in matters pertaining to a given rental property. The document stipulates each party’s legal obligations in regards to rent, utilities, repairs, and other lease-mandated topics.

Each document may differ slightly or considerably, so both parties should take care to read and follow through on the stipulations contained in their particular contract.

Types of Agreements

Commercial Lease Agreement – This contract is designed for business owners who want to lease a property from a landlord for commercial purposes.

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Lease to Own Agreement – An agreement that makes it legally viable for a tenant to purchase their rented property from the landlord as per the stipulations set out in the contract.

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Month-to-Month Lease Agreement – Establishes conditions for the rental of a property on a month-to-month basis, unless one party chooses to terminate the agreement.

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Roommate Agreement – An agreement served with the purpose of maximizing harmony among housemates.

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Standard Residential Lease Agreement – Outlines the legal considerations that come hand-in-hand with the rental of a Delaware property.

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Sublease Agreement – Provides legal scope for tenants to rent out a leased property to a third party.

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What is a Delaware Rental Lease Agreement?

A Delaware Rental Lease Agreement is a standard legal agreement necessary for landlords to rent out a property located in Delaware. The document sets forth certain rights and responsibilities of each party who signs the document. It is a good idea for landlords to ask tenants to fill out a rental application so that they have a means of vetting them prior to the signing of a lease.

State Definition (Title 25 § 5141-24): – “shall mean and include all agreements, written or oral, which establish or modify the terms, conditions, rules, regulations or any other provisions concerning the use and occupancy of a rental unit.”

When is Rent Due?

According to Title 25 § 5501, rent is due “at the time and place agreed to by the parties.” Apart from cases where there is prior agreement, the entire rent must be paid at the beginning of any term for one (1) month or less, while one (1) month’s rent must be paid at the beginning of each month of a longer term. There is a grace period of five (5) days, meaning that the landlord cannot charge a late fee during that time.

Landlord’s Access

Emergency (Title 25 § 5509): A landlord can enter at any time in emergency cases.

Non-Emergency (Title 25 § 5509): Landlords may enter with at least forty-eight (48) hours’ notice to “inspect the premises, make necessary repairs, decorations, alterations or improvements, supply services as agreed to or exhibit the rental unit to prospective purchasers, mortgagees or tenants.” They shall only enter between 8:00 a.m. and 9:00 p.m.

Required Disclosures

Name and Addresses (Title 25 § 5105): Landlords are required to disclose the names and addresses of the property owners or their appointed resident agents.

Lead Paint Disclosure: Landlords must inform tenants of any and all known lead paint hazards, and provide an information pamphlet on lead-based paint hazards as an attachment to a written lease.

Security Deposit Account (Title 25 § 5514 (b)): It is required that the Landlord discloses the location of the security deposit account.

Security Deposit Laws

Maximum (Title 25 § 5514) – For annual agreements, a maximum of one (1) month’s equivalent rent may be charged as a deposit. For month-to-month leases, there is no limit.

Returning to Tenant (Title 25 § 5514) – Deposits and any deductions must be returned and listed in an itemized statement within a period of twenty (20) days.

Sample Template