The most commonly used Delaware lease 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.
How you will write a Delaware lease agreement depends primarily on the type of lease. For example, a commercial lease usually lasts at least three years. A residential lease usually lasts 12 months although it can also be month-to-month. A sublease agreement should include the same provisions as the master lease, but it shouldn't be established without written permission from the landlord. All Delaware leases have some similarities. They request the same information about the landlord and the tenants who will use the property. They also list the rent amount, when rent is due, and how rent can be paid.
Since residential leases are the most common of all Delaware lease agreements, let's explore the required information for it:
There are three disclosures that must be made when a Delaware lease agreement is entered into between a tenant and a landlord. The 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 disclosure 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.
Security deposits are governed by Delaware law. For yearly leases, a landlord 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.