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Delaware Association of Realtors Lease Agreement
What the form covers?
The following information provides a detailed overview of whats included in this Delaware residential lease agreement form:
- Required Disclosures Forms
- Security Deposit Requirements
- Landlord Access
- Paying Rent and Late Fees
- Lease to Own Laws
- Abandonment
- Lease Termination Laws
Required Disclosures Forms
Summary (§ 5118, § 5105(a), Senate Bill No. 240, § 5602):
- Landlord-Tenant Code – 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 the residential unit 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 disclosure of the property owner’s information in the lease.
- Bed Bug Disclosure – Landlords/owners must disclosure any “bed bug infestations” and if any “bed bug remediations” have taken place within the last 60-days of the lease start date.
- Right to Legal Representation – If tenant(s) have the right to use a “Coordinator” which means the right to use volunteer legal services.
Security Deposit Requirements
Summary (§ 5514(a)):
- 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.
- Returning deposits to tenants deadline – The landlord must return the security deposit within 20 days of the tenant moving out, along with an itemized statement of any deductions.
Landlord Access
Summary (§ 5509(b)):
The landlord is required to give the tenant with a minimum of 48-hour notice before entering the rental unit.
Paying Rent and Late Fees
Summary (§ 5501(d), (25 Del.C. § 5502):
- Maximum Late Fee – The maximum penalty amount shall not exceed 5% of the monthly rent amount.
- NSF Fee – The maximum amount landlords can charge is $50 per bounced rent check.
- Grace Period – Five (5) day grace period in Delaware.
- Notice to Quit – 5-day notice to quit. The landlord can start the legal process after five days of non-payment of rent.
Lease to Own Homes
Summary (Title 25, Ch. 51):
Lease to own homes must be done in “good faith”. The names and addresses of all owners and business (LLC) names must be listed on the original lease agreement. A written and signed lease agreement must be completed by both parties and the landlord/owner shall give the tenant a free copy.
The following are excluded from the lease to own laws in Delaware:
- Any rental agreement that is classified as “commercial”.
- Public/Private Institutions (Student housing, schools, nursing homes, nunneries, hospitals, old age homes, and homes for unwed mothers.
- Any member of a fraternal organization.
- Any “certified recovery house”.
- Any individual that has any legal proceeding regarding the rental property.
Abandonment
Summary (§ 5506):
Notice of Absence – Tenants must give landlords a notice of absence on the first day the tenant plans to leave the property for a long extended period of time.
Termination Laws
Summary (§ 5512):
Landlords must give tenants a 60-day notice in order to terminate a rental lease agreement.
Sample Delaware Rental Lease Agreement Template
Delaware Lease Agreement Checklist
✅ Before Signing Checklist
Landlord Preparation:
Tenant Preparation:
✅ After Signing Checklist
Immediate Actions (First 24 Hours):
First Week Actions: