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Delaware

A Delaware lease agreement is a legally binding document between a landlord and a tenant, created in accordance with the state’s landlord-tenant laws. The landlord agrees to rent all or part of a property for a fee, while the tenant agrees to the terms and conditions outlined in the lease upon signing.

SimpleBasicLease_Delaware

SimpleBasicLease_Delaware

Rental Lease Laws Overview

Delaware does not have rent control laws. There are limits on late fees, which can be included in the rental agreement. A grace period is provided for late rent payments, and landlords are required to have a license.

Required Lease Disclosures

Landlords in Delaware must provide specific disclosures to tenants when entering a lease agreement:

  1. Owner/Agent Disclosure: Landlords must disclose the names and business addresses of all property owners or their agents, along with a copy of the written rental agreement.

  2. Summary of Residential Landlord-Tenant Code: A summary of the Landlord-Tenant Code, prepared by the Consumer Protection Unit of the Attorney General’s Office, must be provided to tenants.

  3. Lead-Based Paint Disclosure: For rental units built before 1978, landlords must inform tenants of potential lead hazards by providing a lead-based paint disclosure.

Security Deposit

The maximum security deposit a landlord can charge is one month’s rent for unfurnished properties with a lease term of one year or more. For month-to-month tenancies, there is no maximum limit until the tenancy reaches one year. Security deposits must be placed in an escrow bank account at a federally insured banking institution. Landlords are required to return the security deposit within 20 days after the lease ends, along with an itemized list of any deductions for repairs. If a landlord fails to return the deposit within this timeframe, they may owe the tenant double the amount wrongfully withheld.

Rent Payments

Rent must be paid at the time and place agreed upon by both parties. For rental terms of one month or less, the full rent is due at the start of the term. For longer terms, rent is due at the beginning of each month. Delaware does not have rent control policies, allowing landlords to set any rent amount. If a rent increase is planned, landlords must provide at least 60 days’ notice, and tenants have 15 days to respond. Late fees cannot exceed 5% of the monthly rent, and there is a 5-day grace period during which landlords cannot charge late fees. If rent remains unpaid after this period, landlords may initiate eviction proceedings with a 5-day notice to quit.

Tenants must notify landlords in writing of any defects in the rental unit. The landlord has 10 days to start repairs and 30 days to complete them. If repairs are not made, tenants can perform the repairs themselves and deduct up to $400 or half a month’s rent, whichever is less. If essential services are not restored within 48 hours of notice, tenants may withhold two-thirds of their rent, prorated for each day the issue persists.

Landlord Right of Entry

Landlords must provide at least 48 hours advance notice before entering the rental property. Tenants generally need landlord permission to change locks, except in emergencies, and must provide new keys to the landlord within five days of an emergency lock change.

Property Repairs

Landlords are responsible for ensuring that rental units are habitable and comply with local housing and safety codes. They must promptly make repairs and provide essential utilities. Tenants are responsible for maintaining their rental unit, which includes checking electrical, plumbing, and sanitation systems, as well as keeping fixtures clean. The landlord may require tenants to notify them within the first day of any extended absence.

Terminating a Lease

For month-to-month tenancies, either party can terminate the lease with a 60-day notice. If an evicted tenant leaves personal items behind, the landlord must store them for seven days at the tenant’s expense. If the items are not retrieved and storage fees are unpaid within this period, the property is considered abandoned.

Statutes

FAQs

In Delaware, landlords must provide tenants with several required disclosures, including the names and business addresses of all property owners or their agents, a summary of the Residential Landlord-Tenant Code, and a lead-based paint disclosure for rental units built before 1978.

In Delaware, if the rental property is unfurnished and the lease term is one year or more, the maximum security deposit a landlord can charge is one month’s rent. For month-to-month tenancies, there is no maximum limit until the tenancy reaches one year.

Landlords in Delaware must provide at least 48 hours advance notice to tenants before entering the rental property, except in emergencies.

In Delaware, late fees cannot exceed 5% of the monthly rent, and there is a 5-day grace period during which landlords cannot charge late fees. If rent remains unpaid after this period, landlords can initiate eviction proceedings.

If repairs are not made by the landlord in Delaware, tenants must notify the landlord in writing of any defects. The landlord has 10 days to start repairs and 30 days to complete them. If repairs are not completed, tenants can perform the repairs themselves and deduct up to $400 or half a month’s rent from their rent.

In Delaware, if an evicted tenant leaves personal items behind, the landlord must store them for seven days at the tenant’s expense. If the items are not retrieved and storage fees are not paid within this period, the property is considered abandoned.

No, Delaware does not have any rent control policies, allowing landlords to set any rent amount. However, if a landlord plans to increase rent, they must provide at least 60 days’ notice to the tenant.

Landlords in Delaware are responsible for ensuring that rental units are habitable and meet local housing and safety codes. They must promptly make necessary repairs and provide essential utilities, including electricity, plumbing, and sanitation.