Purchase Agreement – The contract becomes a purchase agreement if the Tenant decides to buy the property.
DE
Sample Delaware Month-to-Month Lease Agreement
A Delaware power of attorney is a legal form that allows an individual to transfer specific powers and authority to another person. The person transferring their authority, also known as the “principal,” must choose a trusted individual such as their spouse or family member to act as their agent. There is no need to record the power of attorney with any government office once the form is signed. The agent may then begin to sign and act on behalf of the principal as designated in the document.
Medical Power of Attorney Form – PDF
What is the Definition of “Power of Attorney”?
Definition by the Uniform Power of Attorney Act:
“A “Power of attorney” is a document that gives an agent the authority to act on behalf of the principal.”
Source: Section 102(7)
Power of Attorney Flow Chart
Sample
https://simpleforms.com/wp-content/uploads/2024/05/Delaware-Durable-Statutory-Power-of-Attorney-Form.pdf
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.
By Type (7)
Delaware Association of Realtors Lease Agreement
Download: PDF | Word (.docx)
Month-to-Month Rental Agreement
Download: PDF | Word (.docx)
Download: PDF | Word (.docx)
Download: PDF | Word (.docx)
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.
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.
Sample Delaware 1-Page Lease Agreement
Delaware Standard Commercial Lease Agreement form is a legal contract that outlines the terms and conditions of a rental between the Landlord and Tenant for a commercial property.
Commercial Lease Application – Before renting a property to any individual or business entity, landlords highly recommend using a lease application to screen applicants.
When Does a Commercial Lease Agreement Become Legally Binding?
The Commercial Lease Agreement becomes legally binding when both parties sign the contract and the buyer gets the notice that the seller has accepted the deal. The buyer can get the notice in-person, by phone, and/or email.
Sample
A Delaware Advance Health Care Directive Form allows individuals to specify their end-of-life wishes, such as choices regarding resuscitation and artificial nutrition. If the individual creating the directive cannot do so, they must appoint an agent to make medical decisions on their behalf.
Standard Durable Power of Attorney Forms
Preview Example
Sample
https://simpleforms.com/wp-content/uploads/2024/07/DELAWARE-ADVANCE-DIRECTIVE-MEDICAL-DURABLE-POWER-OF-ATTORNEY-FORM.pdf
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 (7)
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.