Delaware Residential Lease Agreement

Introduction

This comprehensive guide covers Delaware residential lease agreements and landlord-tenant law. A Delaware lease agreement is a contract that spells out rental terms for a residential tenancy. By recording these terms in a written lease, both landlords and tenants protect themselves in case of disagreements or legal issues.

All legal information has been verified against the official Delaware Code to ensure accuracy and compliance with current state law.

Required Disclosures

Landlord-Tenant Code Summary

A summary of the Delaware residential landlord-tenant code must be provided to the tenant before entering into a residential lease agreement. ^[1] This summary document is available from the Delaware Attorney General's office and provides tenants with essential information about their rights and responsibilities under Delaware law.

Lead-Based Paint Disclosure

If leasing property built before 1978, the landlord must reveal whether lead-based paint still exists on the premises. ^[2] Federal law requires landlords to provide tenants with an EPA-approved information pamphlet about lead paint hazards and disclose any known lead-based paint and hazards in the dwelling.

Owner/landlord Contact Information

Tenants must be given the contact information of all owners, agents, and landlords. ^[3] This disclosure ensures tenants know who is responsible for the property and who they should contact for maintenance requests, emergencies, or other lease-related matters.

Right to Legal Representation

Landlords must provide informational materials that notify low-income tenants of their right to obtain free legal representation. ^[4] This applies when the landlord has more than three rental units and access to legal representation. ^[5] Tenants with incomes below 200% of federal poverty guidelines may be eligible for free legal assistance in eviction proceedings.

Bed Bug Disclosure

The landlord is required to inspect the premises before leasing to a prospective tenant. The tenant must receive a written disclosure stating if the residence or an adjacent unit is infested or being treated for bed bugs. ^[6] Landlords must visually inspect units for evidence of bed bugs including observation of a living bed bug, bed bug carapace, eggs or egg casings, or brownish or blood spotting on linens, mattresses, or furniture.

Security Deposits

Maximum Amount

For leases of one year or more, the maximum security deposit amount is one month's rent if the property is unfurnished. ^[7] However, there is no security deposit limit for furnished units. For month-to-month tenancies, there is no maximum amount until the tenancy has reached one year in duration.

Pet Deposits

An additional deposit of up to one month's rent can be charged if the tenant has a pet. ^[8] However, pet deposits cannot be required from tenants with certified support animals.

Separate Bank Account Requirement

Yes, a separate bank account is required to hold the security deposit. ^[9] Security deposits must be placed in an escrow bank account in a federally-insured banking institution and shall not be used in the operation of any business by the landlord.

Collecting Interest

Delaware has no laws that require landlords to pay tenants the interest they've earned while holding a security deposit.

Returning to Tenant

Security deposits must be returned by the landlord within 20 days of the end of the lease term. ^[10] This timeline applies to the expiration or termination of the rental agreement.

Itemized List Required

Yes, if deductions are made to the deposit, an itemized list of the damages and expected repair costs must be given to the tenant when the landlord refunds their deposit. ^[11] The landlord must provide the tenant with an itemized list of damages to the premises and the estimated costs of repair for each.

Landlord's Right to Enter

General Access

At least 48 hours' notice must be given to tenants before a landlord can access the property, except for repairs requested by the tenant. ^[12] Access is only permitted between 8:00 a.m. and 9:00 p.m. The statute prohibits landlords from abusing entry rights or using them to harass tenants.

Immediate Access

Landlords have the right to enter the property in an emergency without providing notice to the tenants. ^[13]

Rent Payments

Grace Period

Tenants have five days to pay rent before late fees apply. ^[14] If the landlord's office is not in the same county as the rental property, they must wait three more days before charging late fees.

Maximum Late Fee

A late payment fee cannot exceed 5% of the monthly rent. ^[15]

NSF (bad Check) Fee

A $50 fee may be charged to the tenant for writing a bad check for the first instance of a dishonored check within one year. ^[16] For subsequent instances, damages may be up to triple the amount of the check, not to exceed $250, plus court costs.

Withholding Rent

If the landlord fails to supply essential services (hot water, heat, water, or electricity) required by law for more than 48 hours after receiving notice, the tenant can keep two-thirds of their per diem rent accruing during any period when these services are not supplied. ^[17] The landlord can avoid liability by proving impossibility of performance. If a landlord disputes the withholding in court and wins, the tenant may owe damages or double damages plus court costs.

Repair and Deduct

When a tenant requests repairs, the landlord must complete repairs within 30 days or initiate reasonable corrective measures within 10 days. ^[18] If the landlord fails to do so, the tenant can perform the repairs themselves and deduct a reasonable sum, not exceeding $400 or one-half of one month's rent, whichever is less. Tenants cannot use this remedy when the problem was caused by the tenant's lack of care or when the tenant is already behind on rent payments.

Breaking a Lease

Non-Payment of Rent

Landlords must give tenants a 5-day notice once the rent payment is overdue. ^[19] If rent remains in default after this notice period, the landlord can start eviction proceedings.

Non-Compliance With Lease

A 7-day notice must be sent to the tenant if they've committed a correctable lease violation. ^[20] This gives the tenant an opportunity to cure the violation before eviction proceedings begin.

Lockouts

Preventing a tenant from gaining access to their rental unit is only allowed with a court order. ^[21] Self-help evictions are illegal in Delaware.

Early Termination by Tenant

If a tenant decides to move out before the lease naturally expires, the landlord must try to re-rent the property to someone else. The tenant will be responsible for the lower of: (1) rent due for the remainder of the lease term, or (2) the rent lost plus expenses in the time it took to find a replacement tenant. ^[22]

Lease Termination

Month-To-Month Tenancy

A month-to-month lease agreement can be terminated with a 60-day notice to quit. ^[23] Either the landlord or tenant may terminate the agreement by providing proper notice.

Extended Absence Notice

The landlord may require in the lease agreement that the tenant provide notice of any extended absence within the first day of the absence. ^[24]

Unclaimed Property

When an evicted tenant leaves personal items in a rental unit, the landlord must store the property for seven days at the tenant's expense. ^[25] Failure to retrieve the belongings and cover the storage fees within this time frame will result in the property being deemed abandoned and may be disposed of.

Additional Tenant Protections

Prohibition Against Retaliation

Delaware law prohibits landlords from taking retaliatory action against tenants who exercise their legal rights. ^[26] Specifically, landlords cannot pursue eviction, demand rent increases, or decrease services within 90 days after a tenant has complained about code violations, organized tenant organizations, or pursued legal remedies. If a landlord takes any such action within this 90-day window, the conduct is presumed retaliatory. Tenants harmed by retaliation may recover three months' rent or treble damages (whichever is greater), plus court costs.

Fair Housing and Anti-Discrimination

Delaware's Fair Housing Act prohibits discrimination in housing based on race, color, national origin, religion, creed, sex, marital status, familial status, source of income, age, sexual orientation, gender identity, disability, military status, and housing status. ^[27] Prohibited practices include refusing to rent, discriminating in terms or conditions, publishing discriminatory advertisements, misrepresenting availability, or attempting to induce sales or rentals through discriminatory representations about prospective residents.

Tenant Utility Responsibilities

Tenants must use electrical, plumbing, sanitary, heating, and other facilities and appliances in a reasonable manner. ^[28] While Delaware law does not specifically address the tenant's responsibility to maintain essential utilities, tenants are generally expected to use facilities responsibly.