A Delaware lease agreement is a contract between a landlord and a tenant. It outlines monthly rent, property maintenance, repairs, and utilities/services.
Rental Application – Before authorizing an agreement, a landlord often uses a rental agreement that checks the tenant’s credit report and income to ensure they are suitable renters.
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Most Recent US Home Facts
- Population (2023): 334,914,895
- Median Households (2022): 125,736,353
- Median Household Income (2022): $75,149
- Owner-occupied Households (2022): 64.8%
Source: U.S. Census Bureau
Required Disclosures (3)
Landlord-Tenant Code – It is mandatory for landlords to provide new tenants with a copy of the “Summary of the Delaware Residential Landlord-Tenant Code”, which has been prepared and distributed by the Consumer Protection Unit of the Delaware Attorney General.
Lead-Based Paint Disclosure Form – If you are renting, buying, or selling a residential dwelling that was built before 1978, you must disclose whether or not the property contains lead-based paint.
Security Deposits
Maximum Amount – The maximum amount for yearly rental agreements is limited to one month’s rent. For month-to-month leases under Tenancy at Will, it is up to the landlord to determine the amount. It is important to note that the aforementioned stipulations apply and should be carefully considered when entering into a rental agreement.
Return – The landlord must return the security deposit within 20 days of the tenant moving out, along with an itemized statement of any deductions.
Source: § 5514(a)
Landlord Access
The Landlord is required to provide the Tenant with a minimum of 48-hour notice before entering the leased premises. This notification allows the tenant to prepare and plan accordingly while respecting their privacy and ensuring a peaceful living environment.
Source: § 5509(b)
Paying Rent
Grace Period – Five (5) day grace period.
Maximum Late Fee – The maximum penalty amount shall not exceed 5% of the monthly rent.
NSF Fee – $50 per bounced check.
Source: § 5501(d)
Delaware Real Estate Commission
For any other questions you may have, refer to the Delaware Real Estate Commission website.
Delaware Lease Agreement Form PDF Sample
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