Most Commonly Used Delaware Lease Agreements
The most commonly used Delaware rental agreements are commercial lease agreements, standard residential lease agreements, month-to-month agreements, lease to own agreements, roommate agreements, and subleasing agreements. All lease agreements must be in compliance with Delaware law. Delaware has specific laws on the books for both residential and commercial leases.
Although the most commonly used Delaware lease agreements have many of the same elements, they still have their own features. For example:
- A roommate agreement may have all of the standard features of a lease agreement. It also explains which areas of the rental unit are for the exclusive use of the roommate and which areas are considered common and may be used by everyone.
- A standard residential lease agreement is most often written for a one-year period. When the lease term ends, it may convert to a month-to-month agreement. However, it may renew for another year. Yet, it may also state that if either party plans to not renew the lease, they must give the other party a written 30-day notice about vacating the property.
How to Write a Delaware Lease Agreement
Delaware lease agreements must adhere to Delaware laws. Remember that commercial and residential leases have their own set of laws to follow. There are other laws that must also be considered. You’ll learn more about those under the sections related to disclosures and security deposits.
Because a lease is a legally binding contract, you should read it before you sign it. You also have the right to have the contract reviewed by a lawyer before signing it.
A Delaware lease agreement should include:
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Names of the Parties - This is the landlord's full name or the property management company's legal business name and the full name of the tenant(s) renting the property.
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Property Address - This should be the full legal address for the rental property, including the city, zip code, and any unit or lot number.
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Term Information - Here, you’ll find the type of lease agreement the parties agree to enter into. For example, a month-to-month lease or a fixed term. A fixed-term lease means that the parties agree that the tenant will hold possession of the property for a certain amount of time, usually one year. If it is a fixed lease, this section should include the date that the lease will end.
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Rental Amount - Here, you’ll find the date that the lease will begin, the amount of the monthly rent, the day of the month that the rent is due, and the address where the rent may be paid.
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Late Fees - This section lists any applicable fee that is due if the rent is not paid by a certain date.
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Security Deposit - This is the amount of deposit that must be paid in advance of the tenant taking control of the property. A security deposit is used to repair damages caused by the tenant.
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Initial Payment - This is the total amount of money that the tenant must pay to move into the rental. This area should include the amount of the first month's rent, the security deposit, and the total of the two numbers added together.
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Occupants - Here, you’ll find the full name of each tenant, including minors. This part of a Delaware residential lease agreement establishes who will reside in the residential unit. For commercial space leases, it designates those who have permission to use the space. If the presence of additional occupants changes the price of the rent, it should be included in this section.
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Utilities - List the utilities or services the tenant does not pay.
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Parking - This section Informs the tenant whether they will receive a parking space. If a parking space is reserved and there is a designated spot, the spot should be listed in this section.
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Furnishings - This section explains to the tenants what they are allowed to install (such as a washing machine or dishwasher) or what they may not install. If the tenant is not allowed to bring their own appliances, that should be designated in this section.
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Notices - This section lists the names of both the landlord (or the property manager) and tenant along with their proper address. This contact information should be used if the parties need to send out a notice to the other party for some reason.
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Eviction - This section explains how eviction proceedings would be carried out in the event of nonpayment or breach of other lease terms.
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Additional Terms - This section lists any other obligations that the parties agreed to that haven't been included in any other section of the lease agreement.
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Signature and Date - The document should be signed and dated by all parties.
Which Disclosures Belong in a Delaware Lease Agreement?
There are three disclosures that must be made when a Delaware lease agreement is entered into between a landlord and tenant.
- A Delaware landlord must provide a copy of the Landlord-Tenant Code to the tenant.
- The landlord must also provide the tenant with information about who owns the property and who is authorized to act as an agent on behalf of the landlord.
- The landlord must also disclose that they will provide 48 hours of notice to the tenant before entering the premises.
Finally, if a residential unit was built before 1978, the landlord is required by federal law to provide a lead-paint disclosure.
What You Need to Know About Connecticut Lease Agreement Deposits
Security deposits are governed by Delaware law. For yearly leases, a deposit may not be more than one month of rent. For a month-to-month lease, there is no cap. The landlord must return the security deposit with an itemized statement of deductions within 20 days of the tenant vacating the property.
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