Rental Application – This form is used by landlords and property owners to verify the backgrounds and employment history of future tenants before signing the written Delaware lease agreement form.

By Type

Delaware Residential Lease Agreement Template5 (121)

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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 Residential Lease Agreement Template

Delaware Residential Lease Agreement 1 2