Delaware Residential Lease Agreement
A free Delaware lease template, plus what Delaware law requires a lease to include, attach or leave out — each with the statute. Use it as a starting point; landlords with unusual situations should have a lawyer review the final lease.
Disclosures Delaware requires
| Owner and landlord names and addresses | Every written lease must prominently disclose the names and usual business addresses of all owners of the unit or property (or their appointed resident agents), and of any person who counts as a landlord of the unit. For an oral lease, the landlord must give this information in writing when the tenant asks. Applies to: All written residential leases (oral leases on demand) Source: 25 Del. C. § 5105(a)-(b) |
|---|---|
| Landlord-Tenant Code summary | At the start of the rental term the landlord must give the new tenant the summary of the Landlord-Tenant Code prepared by the Attorney General's Consumer Protection Unit. If the landlord does not, the tenant may plead ignorance of the law as a defense. Applies to: All new residential tenancies Source: 25 Del. C. § 5118 |
| Rights and responsibilities guide | The landlord or real estate service provider must give a prospective tenant the state's landlord-tenant rights and responsibilities guide before the rental agreement is signed, and again at each renewal for a term of one year or more. The tenant must acknowledge receipt; paper or electronic form is allowed. Giving the guide does not satisfy any other required disclosure. Applies to: All residential tenancies Source: 25 Del. C. § 5124(b)-(c), (g) |
| Security deposit account location | Security deposits must be held in a designated security-deposit escrow account at a federally insured bank with an office in Delaware that accepts deposits, and the landlord must disclose to the tenant the location of that account. Applies to: Tenancies with a security deposit Source: 25 Del. C. § 5514(b) |
| Bed bugs in adjacent units | Before renting a unit, the landlord must visually inspect it for evidence of bed bugs and must tell the prospective tenant if an adjacent unit is currently infested with or being treated for bed bugs. A landlord may not show or rent a vacant unit it knows or reasonably suspects is infested. Applies to: All residential rentals Source: 25 Del. C. § 5317(a), (c) |
| Rules and regulations | Landlord rules are enforceable against the tenant only if they are reasonable, apply fairly to all tenants, are explicit, and are brought to the tenant's attention when the tenant enters the agreement (or later, if they do not substantially change the bargain). Applies to: Rentals with landlord rules Source: 25 Del. C. § 5511(a) |
| Tenant-employee disclosure form | At hire or move-in, a landlord who houses an employee must give a written form, signed by both, describing all conditions for occupying and vacating the unit, including the employee's right to be offered a written lease if employment ends (other than for cause). The form is not needed if the lease or an addendum covers this. Applies to: Tenants whose housing is tied to employment with the landlord or its management agent Source: 25 Del. C. § 5123(b) |
Terms Delaware law requires or controls
| Late charges | A late charge applies only if the lease provides for one, may not exceed 5% of the monthly rent, and may not be imposed until rent is more than 5 days late. If the landlord has no office or permanent place in the county where rent can be paid, the due date is extended by 3 days. Applies to: All residential leases Source: 25 Del. C. § 5501(d) |
|---|---|
| Key-surrender procedure | If the lease makes surrender of keys a condition for getting the security deposit back, it must give a clear procedure for surrender and may not require surrender before the lease term ends. Applies to: Leases that tie deposit return to key surrender Source: 25 Del. C. § 5125(a) |
| Waiver of entry notice for showings only | The landlord must give at least 48 hours' notice before entry (except tenant-requested repairs and emergencies) and may enter only between 8:00 a.m. and 9:00 p.m. A tenant may waive the 48-hour notice only for showings to prospective tenants or buyers, and only in a signed lease addendum or other separate signed document. Applies to: All residential leases Source: 25 Del. C. § 5509(b) |
| Term of oral leases and default term | An oral rental agreement cannot run longer than one year. If no term is stated, the tenancy is month-to-month. Applies to: All residential tenancies Source: 25 Del. C. § 5106(a)-(b) |
Clauses that are void in Delaware
| Waiver of Code rights | A lease may not provide that the tenant waives or gives up rights or remedies under the Landlord-Tenant Code. Any lease term that conflicts with the Code and is not expressly authorized by it is unenforceable. Applies to: All residential leases |
|---|---|
| Confession of judgment | A lease may not authorize anyone to confess judgment on a claim arising out of the lease. Applies to: All residential leases Source: 25 Del. C. § 5301(a)(2) |
| Landlord liability waivers and indemnity | A lease may not excuse or limit the landlord's legal liability or require the tenant to indemnify the landlord for that liability or its costs. Applies to: All residential leases Source: 25 Del. C. § 5301(a)(3) |
| Declawing cats | A lease may not require a tenant to declaw a cat. Applies to: All residential leases Source: 25 Del. C. § 5301(a)(4) |
| Penalty for enforcing a prohibited clause | If a landlord tries to enforce a clause it knows is prohibited, the tenant may recover 3 months' rent plus court costs (not attorney's fees). Applies to: All residential leases Source: 25 Del. C. § 5301(b) |
| Nonrefundable fees | A landlord may not charge any nonrefundable fee as a condition of occupancy, except optional fees for actual services (such as a pool or tennis court fee). Applies to: All residential tenancies Source: 25 Del. C. § 5311 |
| Assurance money | A landlord may not ask for or take "assurance money" or any payment from an applicant other than an application fee, security deposit, surety bond fee, pet deposit, or a deposit reserving the unit for a set time, and may charge no more than the actual cost of a credit or other investigation. Applies to: Rental applications Source: 25 Del. C. § 5310(a) |
Format and delivery rules
| Free copy of the lease | Where there is a written lease, the landlord must give the tenant a copy free of charge. Applies to: All written residential leases Source: 25 Del. C. § 5105(b) |
|---|---|
| Owner disclosure must be prominent | The owner and landlord names and business addresses must be disclosed prominently on each written lease. Applies to: All written residential leases Source: 25 Del. C. § 5105(a) |
| Cash rent receipts | A landlord who accepts cash rent must give the tenant a receipt within 15 days and keep records of cash receipts for 3 years. Applies to: All residential tenancies Source: 25 Del. C. § 5501(e) |
Fill in the lease
Nothing you type leaves your browser. Bracketed items are yours to complete; clauses marked as required by Delaware law must be written to meet the rule shown above.
1. Parties. This lease is between [landlord name] ("Landlord") and [tenant name(s)] ("Tenant"). Landlord's address for notices: [landlord notice address].
2. Property. Landlord rents to Tenant the home at [rental address], including [parking, storage, appliances included].
3. Term. The lease begins on [start date] and ends on [end date]. [If month-to-month instead: the tenancy continues month to month until either side gives the written notice Delaware law requires.]
4. Rent. Rent is $[monthly rent] per month, due on the [due day] day of each month, paid by [payment method] to [where to pay].
5. Late fee. If rent is not received by [late day], a late fee of $[late fee] is due. This fee must comply with Delaware law (25 Del. C. § 5501(d)).
6. Security deposit. Tenant pays a security deposit of $[deposit amount], within the Delaware limit (25 Del. C. § 5514(a), (i)). Landlord will return it, minus lawful deductions with any required itemized list, within the time Delaware law sets (25 Del. C. § 5514(e)-(f)).
7. Utilities. Tenant pays: [utilities tenant pays]. Landlord pays: [utilities landlord pays].
8. Occupants and guests. Only these people may live in the home: [names of all occupants]. Guests may stay up to [guest limit] unless Landlord agrees in writing.
9. Pets. [No pets allowed / Pets allowed: describe, plus any pet deposit or fee]. Assistance animals for people with disabilities are not pets and are handled under fair housing law.
10. Repairs and maintenance. Landlord keeps the home safe and fit to live in and makes repairs required by law. Tenant keeps the home clean, reports problems promptly in writing, and pays for damage beyond normal wear and tear.
11. Landlord entry. Landlord may enter for repairs, inspections or showings after giving the notice Delaware law requires (25 Del. C. § 5509), except in an emergency.
12. Subletting. Tenant may not sublet or assign this lease without Landlord's written consent, which [will / will not] be unreasonably withheld.
13. Ending the lease. At the end of the term, [the lease ends / the lease renews month to month] unless either side gives written notice at least [notice days] days before the end date, and never less than Delaware law requires.
14. Late charges. (Write this clause to meet Delaware law: see "Late charges" above (25 Del. C. § 5501(d)).)
15. Key-surrender procedure. (Write this clause to meet Delaware law: see "Key-surrender procedure" above (25 Del. C. § 5125(a)).)
16. Waiver of entry notice for showings only. (Write this clause to meet Delaware law: see "Waiver of entry notice for showings only" above (25 Del. C. § 5509(b)).)
17. Term of oral leases and default term. (Write this clause to meet Delaware law: see "Term of oral leases and default term" above (25 Del. C. § 5106(a)-(b)).)
18. Disclosures attached. Landlord has given Tenant these disclosures required by Delaware law: Owner and landlord names and addresses; Landlord-Tenant Code summary; Rights and responsibilities guide; Security deposit account location; Bed bugs in adjacent units; Rules and regulations; Tenant-employee disclosure form. [Attach each one.]
19. Lead paint (homes built before 1978). If the home was built before 1978, Landlord has given Tenant the federal lead-based paint disclosure and the EPA pamphlet "Protect Your Family From Lead in Your Home."
20. Whole agreement. This lease and its attachments are the whole agreement. If any part is not allowed by law, the rest still applies. Changes must be in writing and signed by both sides.
Landlord: [landlord name] Signature: ____________ Date: [date signed]
Tenant: [tenant name(s)] Signature: ____________ Date: [date signed]
Lease agreement templates for other states · Delaware landlord-tenant law · More templates
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.