Delaware Residential Lease Agreement
A Delaware lease agreement caps security deposits at 1 month's rent on year-plus leases, held in escrow. Free to create a template. Attorney review available.
Introduction
A residential lease agreement is a legally binding contract between a landlord and a tenant that sets the terms under which the tenant rents the landlord's residential property, including the rent, the length of the term, the security deposit, each party's responsibilities, and how the tenancy can end. In Delaware, the Residential Landlord-Tenant Code (25 Del. C. Chapters 51 through 59) governs these leases. If the rental agreement runs 1 year or more, the landlord cannot collect a security deposit larger than 1 month's rent; there is no statutory cap for leases under 1 year, but any pet deposit is capped at 1 month's rent regardless of the lease term. The landlord must hold the deposit in a designated escrow account at a federally insured Delaware banking institution and disclose the account's location to the tenant, then return the deposit with an itemized list of damages within 20 days after the tenancy ends. Every new tenant must also receive a summary of the Landlord-Tenant Code at the start of the rental term, and pre-1978 housing requires the federal lead-based paint disclosure. A landlord must give at least 48 hours' notice before entering, and may only enter between 8:00 a.m. and 9:00 p.m. Attorney review is available as an option before you sign.
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Key Things to Know
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A residential lease agreement is a legally binding contract that sets the rent, term, deposit, and responsibilities for renting a Delaware home, and spells out how the tenancy ends.
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Security deposit cap and return deadline: no more than 1 month's rent if the lease runs 1 year or more (no statutory cap under 1 year, but a pet deposit cannot exceed 1 month's rent regardless of term). The landlord must return the deposit with an itemized list of damages within 20 days after the tenancy ends; missing that deadline entitles the tenant to double the amount wrongfully withheld.
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Required disclosures: a summary of the Delaware Landlord-Tenant Code at the start of the tenancy, the location of the security deposit escrow account, and the federal lead-based paint disclosure for housing built before 1978.
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Entry notice: the landlord must give at least 48 hours' notice before entering and may enter only between 8:00 a.m. and 9:00 p.m., except in an emergency.
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Late fees: capped at 5% of the monthly rent, and cannot be charged until rent is 5 days late (8 days if the landlord keeps no office in the county for receiving rent payments).
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Termination and rent-increase notice: either party ending a month-to-month tenancy must give the other at least 60 days' written notice, and a landlord renewing a lease with changed terms, including a rent increase, must give 60 days' written notice before the current term expires.
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Rent control and just cause: none. Delaware has no statewide rent-control or just-cause-eviction law in the Residential Landlord-Tenant Code; rent increases are governed only by the 60-day notice rule.
Key decisions before you file
Before you file a Residential Lease Agreement in Delaware, a few decisions shape the document: which option to choose and what each one means. The Residential Lease Agreement guide walks through them.
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Delaware Requirements for Residential Lease Agreement
Security Deposit Cap and Escrow Account
On a rental agreement of 1 year or more, the security deposit cannot exceed 1 month's rent; there is no statutory cap for a term under 1 year, but a pet deposit is capped at 1 month's rent regardless of term. The landlord must hold the deposit in an escrow account at a federally insured Delaware banking institution (25 Del. C. Section 5514).
Return the Deposit Within 20 Days
The landlord must return the security deposit, along with an itemized list of damages, within 20 days after the rental agreement ends. Failure to remit the deposit within that window entitles the tenant to double the amount wrongfully withheld (25 Del. C. Section 5514).
Disclose the Location of the Deposit Escrow Account
When a security deposit is collected, the landlord must disclose to the tenant the location of the escrow account holding it (25 Del. C. Section 5514(b)).
Provide a Summary of the Landlord-Tenant Code
Every new tenant must receive a summary of the Delaware Residential Landlord-Tenant Code, as prepared by the Attorney General's Consumer Protection Unit or its successor agency, at the beginning of the rental term. If the landlord fails to provide it, the tenant may plead ignorance of the law as a defense (25 Del. C. Section 5118).
Federal Lead-Based Paint Disclosure
For housing built before 1978, the landlord must provide the federal lead-based paint disclosure and the accompanying pamphlet before the tenant signs the lease (42 U.S.C. Section 4852d).
Give 48 Hours' Notice Before Entry
The landlord must give the tenant at least 48 hours' notice of intent to enter and may enter only between 8:00 a.m. and 9:00 p.m., except in an emergency (25 Del. C. Section 5509).
Late Fee Cap and Grace Period
A late fee cannot exceed 5% of the monthly rent and cannot be imposed until rent is 5 days late; that grace period extends to 8 days if the landlord maintains no office or other permanent place in the county for receiving rent payments (25 Del. C. Section 5501).
60-Day Termination and Rent-Increase Notice
Either party ending a month-to-month tenancy must give the other at least 60 days' written notice (25 Del. C. Section 5106). A landlord renewing a lease with amended terms, including a rent increase, must give the tenant at least 60 days' written notice before the current term expires (25 Del. C. Section 5107). Delaware has no statewide rent-control or just-cause-eviction law.