DocDraft Logo

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.

0/5000

Key Things to Know

  1. 1

    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.

  2. 2

    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.

  3. 3

    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.

  4. 4

    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.

  5. 5

    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).

  6. 6

    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.

  7. 7

    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.

Open the Residential Lease Agreement guide

Customize your Residential Lease Agreement Template with DocDraft

DELAWARE RESIDENTIAL LEASE AGREEMENT

  1. PARTIES AND PREMISES This Residential Lease Agreement is made on [DATE] between [LANDLORD NAME] (the landlord, also called the lessor) and [TENANT NAME] (the tenant, also called the lessee), for the rental property located at [PROPERTY ADDRESS], Delaware.

  2. TERM The lease begins on [START DATE] and is either a fixed term ending on [END DATE] or a month-to-month tenancy. Either party may end a month-to-month tenancy by giving the other at least 60 days' written notice (25 Del. C. Section 5106).

  3. RENT Tenant shall pay rent of $[AMOUNT] per month, due on the [DAY] of each month at [PAYMENT LOCATION]. A late fee of up to 5% of the monthly rent may apply, but not until rent is 5 days late; that grace period extends to 8 days if landlord maintains no office in the county for receiving payments (25 Del. C. Section 5501).

  4. SECURITY DEPOSIT Tenant shall pay a security deposit of $[AMOUNT]. If this lease runs 1 year or more, the deposit may not exceed 1 month's rent; there is no statutory cap for a term under 1 year, though any pet deposit is capped at 1 month's rent regardless of term. Landlord shall hold the deposit in an escrow account at [BANK NAME], a federally insured Delaware banking institution, and shall disclose that account's location to tenant (25 Del. C. Section 5514). Landlord shall return the deposit, with an itemized list of damages, within 20 days after the tenancy ends; failure to do so entitles tenant to double the amount wrongfully withheld.

  5. DISCLOSURES Landlord shall provide tenant, at the start of the rental term, a summary of the Delaware Residential Landlord-Tenant Code (25 Del. C. Section 5118) and the location of the security deposit escrow account. If the property was built before 1978, landlord shall also provide the federal Lead-Based Paint Disclosure and pamphlet (42 U.S.C. Section 4852d).

  6. ENTRY Landlord shall give tenant at least 48 hours' notice before entering the premises and shall enter only between 8:00 a.m. and 9:00 p.m., except in an emergency.

  7. MAINTENANCE AND USE Tenant shall keep the premises clean and use it only as a residence. Landlord shall maintain the premises in a fit and habitable condition and make repairs required under the Landlord-Tenant Code.

  8. TERMINATION Either party may end a month-to-month tenancy with 60 days' written notice. If landlord intends to renew this lease with amended terms, including a rent increase, landlord shall give 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, so these notice periods, not a rent cap, govern changes.

SIGNATURES

[LANDLORD NAME], Landlord Date: [DATE]

[TENANT NAME], Tenant Date: [DATE]

Note: This lease is governed by the Delaware Residential Landlord-Tenant Code, 25 Del. C. Chapters 51 through 59. This is a Delaware skeleton for a residential lease agreement. For the complete, customizable template, see the full Residential Lease Agreement template.

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.

Frequently Asked Questions

A Delaware lease should name the landlord and tenant, describe the rental unit, state the rent amount and due date, the term, and the security deposit (capped at 1 month's rent on leases of 1 year or more). It should also reflect required disclosures: a summary of the Landlord-Tenant Code, the escrow account location for the deposit, and the federal lead-based paint disclosure for pre-1978 housing.

For a rental agreement of 1 year or more, a Delaware landlord cannot charge a security deposit greater than 1 month's rent. There is no statutory cap for a lease term under 1 year. A separate pet deposit is capped at 1 month's rent regardless of how long the lease runs. The deposit must sit in an escrow account, and the landlord must return it, with an itemized list of damages, within 20 days after the tenancy ends.

Yes. You can generate a Delaware lease agreement template at no cost, then fill in the rent, term, parties, and deposit details for your property. Attorney review is available afterward as an optional add-on if you want a licensed attorney to check the finished document before you sign.

No. A residential lease in Delaware does not need to be notarized or witnessed to be valid. Both the landlord and tenant simply need to sign it. Keeping a signed copy on file protects both sides if a dispute over the terms comes up later.

No, not for routine purposes. Delaware law requires the landlord to give the tenant at least 48 hours' notice before entering, and entry is only allowed between 8:00 a.m. and 9:00 p.m. An emergency, such as a fire or a burst pipe, is the exception where a landlord may enter without advance notice.

A Delaware landlord must give every new tenant a summary of the Residential Landlord-Tenant Code at the start of the rental term, and, if a security deposit is collected, disclose the location of the escrow account holding it. Housing built before 1978 also requires the federal lead-based paint disclosure and pamphlet.

Either the landlord or the tenant can end a Delaware month-to-month tenancy by giving the other at least 60 days' written notice. If a landlord wants to renew a fixed-term lease with changed terms, including a rent increase, the same 60-day written notice is required before the current term expires.

Yes, within limits. A Delaware landlord can charge a late fee of up to 5% of the monthly rent, but only after rent is 5 days late. That grace period extends to 8 days if the landlord does not maintain an office or other permanent place in the county for receiving rent payments.