Delaware Rental Lease Agreement Forms

A Delaware rental lease agreement is a legally binding contract between a landlord and a tenant. It outlines the terms under which the tenant is permitted to occupy and use a property owned by the landlord. The agreement typically includes the duration of the lease, monthly rent amount, security deposit requirements, and the responsibilities of both parties concerning maintenance and repairs. The Delaware lease agreement also addresses rules regarding pets, noise levels, and subletting.

Importantly, all rental lease agreement forms in Delaware must comply with state-specific laws. To ensure legality and comprehensiveness, use our templates when creating such agreements.

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Delaware Laws and Lease Requirementss

The Delaware Code (Sections 5101 to 5907) contains all legal provisions governing landlord-tenant interactions.

Security Deposit

In Delaware, the management of security deposits for rental agreements that last one year or more is regulated strictly under Delaware Code Title 25, Section 5514. This law caps the maximum security deposit a landlord can charge at one month’s rent, ensuring affordability while providing landlords a safety measure against potential damages.

After the lease ends, the law mandates landlords to return the security deposit within 20 days, as specified in § 5514(e). If any damages necessitate deductions from the deposit, the landlord must provide the tenant with an itemized list of each deduction, detailing the reasons for these charges. This requirement is designed to maintain transparency, hold landlords accountable, and provide tenants with a clear understanding of any charges against their deposit.

Owner’s Access to Property

Delaware Code Title 25, Section 5509 outlines landlords’ rights regarding entry into a rental property. Landlords must give tenants 48 hours’ notice before entering the property. The notice must specify the reason for entry, which ensures that tenants are adequately informed and can prepare for the visit. Moreover, entries are only permitted during reasonable hours, specifically between 8:00 a.m. and 9:00 p.m., to respect the tenant’s privacy and daily routine.

Required Disclosures

Several mandatory disclosures are required under Delaware law to ensure transparency and protect tenant rights:

  • Contact Information Requirement. Under Section 5105, landlords or agents must provide tenants with contact information, including names and business addresses.
  • Code Summary. Additionally, Section 5118 requires that landlords provide tenants with a summary of the Landlord-Tenant Code upon executing the rental agreement.
  • Bed Bug Inspection. Landlords must inspect for bed bugs before leasing a property. If there’s an infestation or ongoing treatment in the residence or nearby, they must disclose this in writing to tenants as required by Section 5317.
  • Lead-Based Paint Disclosure. For properties built before 1978, the federal requirement under 42 U.S. Code § 4852d mandates a lead-based paint disclosure in the lease agreement, informing tenants about potential risks.
  • Escrow Account Disclosure. Lastly, Section 5514 stipulates that upon a tenant’s request, the landlord must disclose the location of the escrow account holding the security deposit funds.

These laws promote clear and fair interactions between landlords and tenants, ensuring both sides know their rights and responsibilities under the Delaware Code.


Delaware Rental Lease Agreement Form Details

Document Name Delaware Rental Lease Agreement Form
Other Names DE Rental Lease, Delaware Residential Lease Agreement
Relevant Laws Delaware Code, Title 25, Part III
Security Deposit Amount One month’s rent
Security Deposit Return Twenty (20) days following contract expiration
Avg. Time to Fill Out 18 minutes
# of Fillable Fields 119
Available Formats Adobe PDF

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Published: Jul 21, 2024