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What Is a Delaware Lease Agreement?

A Delaware lease agreement is a legal document between a landlord and one or more tenants related to the use of the property described in the agreement. The Delaware lease agreement explains the obligations of both the tenant and the landlord. It also explains how the property being leased or rented may be used.

Most Commonly Used Delaware Lease Agreements

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 to Write a Delaware Lease Agreement

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:

  • The landlord's name and street address.
  • The names of all tenants who will live on the property. Even if some of the residents are under 18, they will still be listed.
  • The type of residence. For example, you're renting a two-bedroom, one bathroom apartment.
  • The purpose of the lease (residential).
  • Whether the residence is furnished. If it is furnished, list the furnishings that are included.
  • Whether the residence has appliances within it. If so, those appliances should be described.
  • The term of the lease. This includes the date the lease begins and ends.
  • The amount of the rent listed in equal monthly installments.
  • The date the rent is due.
  • How the rent should be paid and where it may be paid.
  • The amount of the NSF fee for a bad check.
  • The amount of a late fee.
  • Whether there is a grace period after the rent is due. If so, how many days?
  • Whether first month's rent was paid at the start of the lease.
  • Whether the tenant(s) pre-paid the lease. If so, how much was prorated? When can the tenant begin using the property before the lease begins?
  • The amount of the security deposit.
  • Information about access to the property by the landlord, whether subletting is allowed, and what happens if the property is sold.
  • Whether pets are allowed on the property. If so, what is the deposit amount? Are there any pet restrictions?
  • The smoking policy.
  • A policy on guests.
  • A section for the mailing address of the landlord and the tenant for the purpose of legal notice.
  • A dated signature by each tenant responsible for the rent and the land.

What 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 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.

What You Need to Know about Delaware Lease Agreement Deposits

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.

Download a PDF or Word Template

Delaware Lease Agreement

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Delaware Sub-Lease

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