Delaware Residential Lease Agreement

Required Landlord Disclosures (6)

Landlords must give a tenant a specific series of disclosures when signing a Delaware residential lease agreement. With every Delaware lease agreement, you’ll need to provide your tenant with the following information:

1. Lead paint disclosure: Per federal law, landlords must notify tenants of any lead-based paint or lead-based paint hazards in homes constructed before 1978 (42 U.S.C. § 4852d).
2. Written lease copy: Delaware landlords must provide tenants with a free copy of the lease. For oral rental agreements, landlords must provide the required owner and landlord disclosure information in writing upon a tenant’s request (Del. Code Ann. tit. 25, § 5105).
3. Owner disclosure: Each Delaware written rental agreement must prominently disclose the names and usual business addresses of the owners of the rental unit or property, their appointed resident agents, and any person deemed a landlord of the unit under Delaware law (Del. Code Ann. tit. 25, § 5105(a)).
4. Landlord-Tenant code summary: At the beginning of the rental term, Delaware landlords must give new tenants a free copy of the summary of the Delaware Residential Landlord-Tenant Code prepared by the Consumer Protection Unit of the Attorney General’s office (Del. Code Ann. tit. 25, § 5118).
5. Bedbug disclosure: Before renting a dwelling unit, Delaware landlords must visually inspect the unit for bedbugs and may not show, rent, or lease a vacant unit they know or reasonably suspect has a current bedbug infestation. Landlords must disclose if any adjacent unit currently has bedbugs or receives bedbug treatment (Del. Code Ann. tit. 25, § 5317).
6. Right to representation materials: Delaware landlords must provide tenants with approved informational materials explaining available legal representation and tenant resources when the landlord and tenant sign a written rental agreement or enter into an oral rental agreement. Landlords must also provide the materials at the first lease renewal or modification after November 22, 2023 (Del. Code Ann. tit. 25, § 5606).

Security Deposit Regulations

Maximum security deposit amount: For leases of 12 months or longer, the security deposit may equal the monthly rent amount. Landlords can charge any amount as a security deposit for month-to-month rental agreements. However, the landlord must credit the tenant with the difference between that amount and 1 month’s rent after the tenant has lived at the property for 12 months. Security deposits for furnished units may vary (Del. Code Ann. tit. 25, § 5514(a)).

Deposit location: Landlords must place security deposit funds in a separate, FDIC-insured institution and provide the tenant with the bank’s name and location (Del. Code Ann. tit. 25, § 5514(b)).

Receipt of deposit: Landlords must provide tenants with a receipt showing where their security deposit is held in escrow. This account may hold only security deposit funds (Del. Code Ann. tit. 25, § 5514(b)).

Deduction tracking: If a landlord has to make any deductions from a tenant’s security deposit, they must provide the tenant with an itemized list of deductions no later than 20 days after the lease end date (Del. Code Ann. tit. 25, § 5514(f)).

Returning a tenant’s security deposit: After the tenancy ends, landlords have 20 days to return remaining security deposit funds to tenants in Delaware (Del. Code Ann. tit. 25, § 5514(f)).

Landlord’s Access to Property

Advance notice: A Delaware landlord should give tenants at least 48 hours’ notice before entering the unit. If the tenant requests a repair, that timeline varies. The landlord may only enter the property between 8 am and 9 pm (Del. Code Ann. tit. 25, § 5509(b)).

Immediate access: Landlords in Delaware do not have to provide notice to enter the property in an emergency. (Del. Code Ann. tit. 25, § 5509(b))

Landlord harassment: If a landlord repeatedly enters the unit without 48 hours’ notice or outside the hours of 8 am to 9 pm, the tenant may be able to terminate the lease early without penalty (Del. Code Ann. tit. 25, § 5509(b)).

Rent Payment Laws

Grace period: Tenants in Delaware have 5 days to pay rent after the due date before a landlord can charge late fees (Del. Code Ann. tit. 25, § 5501(d)).

Late rent fees: Landlords may charge a late fee of up to 5% of the total monthly rent (Del. Code Ann. tit. 25, § 5501(d)).

Tenant’s right to repair and deduct: After receiving notice of a non-tenant-caused maintenance issue, if the landlord fails to act within the statutory timeframe, a tenant can make the repair and deduct up to $400 or ½ of 1 month’s rent, whichever is less (Del. Code Ann. tit. 25, § 5505(a)).

Tenant repair agreements: Delaware landlords and tenants may agree that the tenant will handle certain repairs, maintenance, alterations, or remodeling only through a conspicuous writing separate from the rental agreement. The work must primarily benefit the rental unit, include separate consideration or a rent reduction, and cannot evade the landlord’s legal obligations (Del. Code Ann. tit. 25, § 5307).

Breach of Rental Agreement

Missed rent payment: A landlord may charge a late fee if rent remains unpaid after 5 days. After this period, the landlord must provide the tenant with written notice stating that the lease agreement will terminate no more than 5 days after the landlord issues the notice (Del. Code Ann. tit. 25, § 5501(d), § 5502(a)).

Lease violation: The landlord should provide the tenant with written notice of the lease violation and allow 7 days to remedy the situation. Otherwise, the lease will terminate if the tenant does not cure the violation by the date in the written notice. For more significant lease violations, the landlord may correct the violation, bill the tenant as necessary, and terminate the rental contract (Del. Code Ann. tit. 25, § 5513).

Self-help evictions: Landlords cannot engage in self-help evictions, such as shutting off utilities or changing locks, in Delaware (Del. Code Ann. tit. 25, § 5313).

Lease abandonment: If a tenant in Delaware moves out before their lease ends, they may be responsible for paying rent for the remainder of the original lease term. Additionally, they could be held liable for any repair costs for the property, the difference between the fair rental rate and the rent specified in the last signed lease, and any expenses related to finding a new tenant for the property (Del. Code Ann. tit. 25, § 5507(d)).

Attorney fee clauses: Delaware rental agreements cannot include enforceable clauses requiring either party to recover attorney fees in a suit, action, or proceeding arising from the tenancy. Landlords should remove attorney-fee clauses from the lease before signing (Del. Code Ann. tit. 25, § 5111).

Ending a Lease

Month-to-month: Tenants and landlords can terminate a month-to-month lease agreement in Delaware by providing 60 days’ written notice (Del. Code Ann. tit. 25, § 5106(d)).

Fixed-term: Delaware tenants can legally break a fixed-term residential lease early for several reasons. Reasons include a significant illness or death of a tenant or a close family member who lives in the unit with them, moving into a senior living community, domestic violence, active duty military orders, and other qualifying reasons. The landlord must issue a 30-day notice in all circumstances regarding early termination of the lease (Del. Code Ann. tit. 25, § 5314(b)).

Property abandonment: If a tenant abandons personal belongings, the landlord may remove the items from the property immediately and charge the tenant for storing them. The landlord must keep the property for 7 days and may dispose of it afterward (Del. Code Ann. tit. 25, § 5507(e)).

Renewing a Lease

Required renewals: Delaware landlords are not required to let tenants renew their residential lease agreements.

Required notice: Tenants are entitled to 60 days’ notice if a landlord opts not to renew a standard lease agreement in Delaware (Del. Code Ann. tit. 25, § 5106(d)).