Delaware Commercial Lease Agreement
A Delaware commercial lease agreement is a legally binding contract that governs the rental of non-residential property within the state. This document outlines various terms and conditions pertinent to the lease arrangement.
Delaware Commercial Lease Agreement
Property Description
The lease agreement includes details about the property, such as its location, square footage, and any specific features or amenities provided.
Rent Terms
The lease may contain provisions regarding rent escalation, detailing how and when rent increases may occur throughout the lease term. Commercial leases in Delaware typically have fixed terms and may specify renewal options as well as conditions for premature termination of the lease.
Legal Framework
Rental Laws
The relevant laws governing commercial leases in Delaware are found in:
- Delaware Code Title 25, Chapter 61 (Commercial Leases)
- Title 6, Uniform Commercial Code, Article 2A (Leases)
Consumer Protection Laws
Consumer protection in the context of commercial leases is addressed under:
- Del. Code tit. 6 § 2A-104
Jurisdiction
According to Del. Code tit. 6 § 2A-106, the legal jurisdiction for disputes must align with either the lessee’s residence or the location of the property. If neither of these conditions is met, the chosen law or forum may not be enforceable.
Statutes
- Del. Code tit. 25 § 5105 – Disclosure
- Del. Code tit. 25 § 5105 (b) – Disclosure
- Del. Code tit. 25 § 5106 (a) – Rental agreement; term and termination of rental agreement
- Del. Code tit. 25§ 5106 (b) – Rental agreement; term and termination of rental agreement
- Del. Code tit. 25 § 5106 (c) – Rental agreement; term and termination of rental agreement
- Del. Code tit. 25 § 5106 (d) – Rental agreement; term and termination of rental agreement
- Del. Code tit. 25 § 5107 – Renewals of rental agreements with modifications
- Del. Code tit. 25 § 5111 – Attorneys’ fees prohibited
- Del. Code tit. 25 § 5118 – Summary of residential landlord-tenant code
- Del. Code tit. 25 § 5305 (a) – Landlord obligations relating to the rental unit
- Del. Code tit. 25 § 5307 – Tenant’s remedies relating to the rental unit; repair and deduction from rent
- Del. Code tit. 25 § 5308 (b)(3) – Essential services; landlord obligation and tenant remedies
- Del. Code tit. 25 § 5311 – Fees
- Del. Code tit. 25 § 5312 – Metering and charges for utility services
- Del. Code tit. 25 § 5313 – Unlawful ouster or exclusion of tenant
- Del. Code tit. 25 § 5314(6) – Tenant’s right to early termination
- Del. Code tit. 25 § 5316 – Protection for victims of domestic abuse, sexual offenses and/or stalking
- Del. Code tit. 25 § 5501 (b) – Tenant obligations; rent
- Del. Code tit. 25 § 5501 (d) – Tenant obligations; rent
- Del. Code tit. 25 § 5501 (e) – Tenant obligations; rent
- Del. Code tit. 25 § 5502 (a) – Landlord remedies for failure to pay rent
- Del. Code tit. 25 § 5503 – Tenant obligations relating to rental unit; waste
- Del. Code tit. 25 § 5507 (b) – Landlord remedies for absence or abandonment
- Del. Code tit. 25 § 5507 (d) – Landlord remedies for absence or abandonment
- Del. Code tit. 25 § 5507 (e) – Landlord remedies for absence or abandonment
- Del. Code tit. 25 § 5509 (b) – Tenant obligation to permit reasonable access
- Del. Code tit. 25 § 5513 (a) – Landlord remedies relating to breach of rules and covenants
- Del. Code tit. 25 § 5514 (a)(2) – Security Deposit
- Del. Code tit. 25 § 5514 (b) – Security Deposit
- Del. Code tit. 25 § 5514 (c) – Security Deposit
- Del. Code tit. 25 § 5514 (d) – Security Deposit
- Del. Code tit. 25 § 5514 (f) – Security Deposit
- Del. Code tit. 25 § 5514 (g) – Security Deposit
- Del. Code tit. 25 § 5514 (i) – Security Deposit
- Del. Code tit. 25 § 5516 – Retaliatory acts prohibited
- Del. Code tit. 25 § 5715 – Execution of judgment; writ of possession
- Del. Code tit. 6 § 1301A – Actions relating to dishonor of checks, drafts, or orders; damages
- Del. Code tit. 10 § 9301(1) – Civil jurisdiction; amount in controversy
- Del. Code tit. 10 § 9301(3) – Civil jurisdiction; amount in controversy
- Del. Code tit. 10 § 8106 – Actions subject to 3-year limitation
- Del. Code tit. 10 § 8112 – Waste
- Del. Code tit. 25 § 7020 – Fees; services; utility rates
FAQs
A Delaware commercial lease agreement is a legally binding contract that outlines the terms and conditions for renting non-residential property in Delaware. It includes details such as the location, square footage, permitted uses, and any specific features or amenities of the property.
Key components of a Delaware commercial lease include the property description, rental terms, provisions for rent escalation, renewal options, and conditions for early termination. These elements ensure both landlords and tenants understand their rights and obligations.
Rent escalation in Delaware commercial leases refers to the provisions that detail how and when rent increases may occur over the lease term. This can include fixed increases at specified intervals or adjustments based on market conditions.
Commercial leases in Delaware are governed by Delaware Code Title 25, Chapter 61, and Title 6, Uniform Commercial Code, Article 2A. These laws outline the legal framework for lease agreements and the rights of both landlords and tenants.
The Delaware Business Entity Search is a database that landlords can use to obtain information about the status of a company operating in the state. This tool helps landlords verify the legitimacy and standing of potential tenants before entering into a lease agreement.
Under Delaware Code Title 6 § 2A-106, the legal jurisdiction for commercial leases must align with either the lessee’s residence or the location of the property. If these conditions are not met, the chosen law or forum may not be enforceable.
Consumer protection laws relevant to commercial leases in Delaware include Del. Code tit. 6 § 2A-104, which outlines the rights and protections afforded to consumers in lease agreements. These laws ensure fair treatment and transparency in commercial leasing.