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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Standard Residential Lease Agreement

Simple (1-Page) Lease Agreement

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.
Owner/Agent Disclosure – The Landlord must provide a comprehensive disclosure of the property owner’s information in the lease. This ensures transparency and accountability in all aspects of the lease agreement.

Source: § 5118, § 5105(a)

Security Deposit Requirements

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.
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

Delaware Simple 1 Page Residential Lease Agreement