Delaware Standard Residential Lease Agreement

A Delaware standard residential lease agreement is a legally binding contract that defines tenant-landlord obligations, rent specifics, and property terms, designed to establish clarity and harmony within the rental arrangement under state regulations.

The agreement also covers responsibilities for utilities, maintenance duties, termination procedures, and any other agreed-upon provisions or legal disclosures required by state or federal laws.

• Lease Length Considerations
• Required Disclosures
• Security Deposit
• Rent Payment
• Landlord Resources
• Related Forms

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Lease Length Considerations

• Residential leases with a term longer than one year must be in writing. The duration of oral leases cannot exceed one year.
• If a rental agreement does not have a specified term, it is deemed and construed to be month-to-month. [1]

Required Disclosures

• Identification of owners or authorized agents.
• Lead-based paint disclosure.
• Summary of Residential Landlord-Tenant Code.

You can read more about the required disclosures on our Delaware lease agreement page.

Security Deposit

• Maximum Amount ($): One month’s rent for unfurnished rentals, no limit for the furnished ones. [2]
• Returning to Tenant: Within 20 days.

Rent Payment

• Grace Period: Five days. However, if the landlord does not have an office in the county where the rental property is located, the grace period is extended to eight days.
• Maximum Late Fee: Up to 5% of the rent. [3]
• NSF Fee: $50. [4]

Landlord Resources

• Landlord-Tenant Laws – Residential Landlord-Tenant Code (Delaware Code Title 25 Part III).
• Handbook – A Summary of the Delaware Residential Landlord-Tenant Code.

Related Forms

Delaware Rental Application

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1. Del. Code tit. 25 § 5106(b). https://delcode.delaware.gov/title25/c051/sc01/index.html#5106
2. Del. Code tit. 25 § 5514. http://delcode.delaware.gov/title25/c055/index.shtml#5514
3. Del. Code tit. 25 § 5501. https://delcode.delaware.gov/title25/c055/index.html#5501
4. Del. Code tit. 6 § 1301A(a). https://delcode.delaware.gov/title6/c013a/index.html

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