Delaware Residential Lease Agreement

Delaware Standard Residential Lease Agreement

A Delaware residential lease agreement is a legally binding contract between a landlord and tenant that establishes the terms and conditions for renting a residential property. This type of agreement is governed by Delaware's Residential Landlord-Tenant Code (Title 25, Chapters 51-59), which provides comprehensive protections for both landlords and tenants. ^[1]

Standard residential leases in Delaware are typically fixed-term contracts, most commonly for one year, though month-to-month arrangements are also common. The lease determines critical terms including monthly rent, security deposit amounts, utility responsibilities, maintenance obligations, and rules governing the tenancy.

Legal Framework

Delaware's Residential Landlord-Tenant Code provides the legal foundation for all residential rental relationships in the state. The Code applies to any rental agreement for a dwelling unit within Delaware, regardless of where the agreement was executed. ^[1]

The Code establishes mutual obligations and remedies for both parties, with provisions that cannot be waived by the terms of any rental agreement. Any provision in a lease that conflicts with the Code is unenforceable.

Required Disclosures

Delaware law requires landlords to provide several disclosures to tenants before or at the beginning of the tenancy:

Landlord-Tenant Code Summary

A summary of the Landlord-Tenant Code, as prepared by the Consumer Protection Unit of the Attorney General's Office, must be provided to the new tenant at the beginning of the rental term. If the landlord fails to provide this summary, the tenant may plead ignorance of the law as a defense in any proceeding. ^[2]

Owner/agent Identification

Every written rental agreement must prominently disclose the names and usual business addresses of all persons who are owners of the rental unit or property, or the names and business addresses of their appointed resident agents. ^[3]

Lead-Based Paint Disclosure

For properties built before 1978, federal law requires landlords to provide tenants with an EPA-approved pamphlet on lead-based paint hazards and disclose any known lead-based paint or hazards in the property. This requirement applies nationwide and is enforced in Delaware. ^[4]

Bedbug Disclosure

Prior to renting a dwelling unit, a landlord must disclose to a prospective tenant if an adjacent unit or units are currently infested with or are being treated for bed bugs. Additionally, landlords cannot show, rent, or lease any vacant dwelling unit that the landlord knows or reasonably suspects has a current bed bug infestation. ^[5]

Right to Legal Representation

Landlords must provide tenants with informational materials approved by the Right to Representation Coordinator that explain legal representation available to tenants, including eligibility information. This disclosure must be provided when signing a rental agreement, at renewal, and when certain notices are served. ^[6]

Security Deposit Laws

Maximum Amount

Escrow Requirement

All security deposits must be placed in an escrow bank account at a federally-insured banking institution with an office within Delaware. The account must be designated as a security deposits account and cannot be used in the operation of any business by the landlord. The landlord must disclose to the tenant the location of the security deposit account. ^[7]

Return of Deposit

Within 20 days after the termination or expiration of any rental agreement, the landlord must provide the tenant with an itemized list of damages to the premises and the estimated costs of repair for each, and tender payment for the difference between the security deposit and such costs. ^[7]

Penalty for Non-Return

Failure to return the security deposit or provide the itemized list within 20 days entitles the tenant to double the amount wrongfully withheld. Failure to disclose the location of the security deposit account or to maintain the deposit in a proper institution constitutes forfeiture of the entire security deposit to the tenant. ^[7]

Pet Deposits

A landlord may require a pet deposit not exceeding one month's rent, regardless of the duration of the rental agreement. Damage caused by an animal is first deducted from the pet deposit, then from the security deposit if needed. Landlords cannot require any pet deposit for duly certified and trained support animals for disabled persons residing in the rental unit. ^[7]

Rent Payment Laws

Grace Period

A late charge cannot be imposed until at least five days after the agreed time for payment of rent. This five-day grace period is mandatory under Delaware law. ^[8]

Maximum Late Fee

Where the rental agreement provides for a late charge, such late charge cannot exceed 5% of the monthly rent. Late charges are considered additional rent under the Code. ^[8]

Bounced Check Fee

For a dishonored check, the landlord may recover a fee of $50 for the first instance within one year. For second or subsequent dishonored checks within one year, the landlord may recover triple the amount of the check, not to exceed $250, plus court costs. ^[9]

Application Fees

A landlord may charge an application fee to determine a tenant's creditworthiness, but it cannot exceed the greater of 10% of the monthly rent or $50. The landlord must provide a receipt for the full amount paid and maintain complete records of all application fees for at least two years. ^[7]

Landlord Obligations

Habitability Standards

The landlord must, at all times during the tenancy:

-Comply with all applicable state or local statutes, codes, regulations, or ordinances governing maintenance, construction, use, or appearance of the rental unit ^[10]

-Provide a rental unit that does not endanger the health, welfare, or safety of the tenants and is fit for the purpose for which it is rented ^[10]

-Keep common areas in a clean and sanitary condition ^[10]

-Make all repairs necessary to keep the rental unit in as good a condition as it was at the commencement of tenancy ^[10]

-Maintain all electrical, plumbing, and other facilities supplied by the landlord in good working order ^[10]

Entry Requirements

The landlord must give the tenant at least 48 hours' notice of intent to enter, except for repairs requested by the tenant. Entry is only permitted between 8:00 a.m. and 9:00 p.m. In case of emergency, the landlord may enter at any time. The landlord cannot abuse this right of access or use it to harass the tenant. ^[11]

Essential Services

If the landlord fails to provide hot water, heat, water, or electricity for 48 hours or more after receiving notice from the tenant, the tenant may: (1) immediately terminate the rental agreement upon written notice, or (2) withhold 2/3 of the per diem rent for each day such services are not provided. ^[12]

Tenant Obligations

Under Delaware law, tenants have the following obligations:

-Comply with all obligations imposed by applicable municipal, county, and state codes, regulations, ordinances, and statutes ^[13]

-Keep the occupied portion of the premises as clean and safe as conditions permit ^[13]

-Dispose of all waste in a clean and safe manner ^[13]

-Keep all plumbing fixtures used by the tenant as clean and safe as their condition permits ^[13]

-Use all facilities and appliances in a reasonable manner ^[13]

-Not willfully or wantonly destroy, deface, damage, or remove any part of the structure or facilities ^[13]

-Not remove or tamper with properly functioning smoke detectors or carbon monoxide detectors ^[13]

-Comply with all reasonable rules and regulations established by the landlord ^[13]

Tenant Rights and Remedies

Repair and Deduct

If the landlord fails to repair, maintain, or keep the premises in a sanitary condition as required, and fails to remedy the issue within 30 days of written notice (or fails to initiate reasonable corrective measures within 10 days), the tenant may have the necessary work done professionally and deduct up to $400 or one-half of one month's rent, whichever is less, from the rent by submitting receipts to the landlord. ^[14]

Protection Against Retaliation

Retaliatory acts by landlords are prohibited. If a landlord takes adverse action (such as eviction, rent increase, or decreased services) within 90 days of a tenant's complaint about housing conditions or exercise of legal rights, such conduct is presumed to be retaliatory. A tenant subjected to retaliation may recover three months' rent or treble damages, whichever is greater. ^[15]

Protection Against Unlawful Lockout

If a landlord removes or excludes a tenant from the premises without a valid court order, the tenant may recover possession or terminate the rental agreement. The tenant may also recover treble damages or an amount equal to three times the per diem rent for the exclusion period, whichever is greater, plus costs of suit. ^[16]

Right to Legal Representation

Tenants whose household income is at or below 200% of the federal poverty guidelines have the right to legal representation in eviction proceedings and other covered landlord-tenant actions. This right is being phased in through June 30, 2028, with priority given to households with children, pregnant women, veterans, and those in high-eviction zip codes. ^[6]

Lease Termination

Standard Termination Notice

For fixed-term leases, either party may terminate by giving a minimum of 60 days' written notice prior to the expiration of the lease term. For month-to-month tenancies, either party may terminate by giving a minimum of 60 days' written notice, which begins on the first day of the month following the day of actual notice. ^[17]

Tenant's Right to Early Termination

A tenant may terminate the lease with 30 days' written notice (beginning the first day of the month after notice) in the following circumstances:

-Job relocation requiring a move of more than 30 miles ^[18]

-Serious illness of the tenant or immediate family member requiring permanent relocation ^[18]

-Acceptance to senior citizen housing facility ^[18]

-Acceptance to government-subsidized or nonprofit subsidized housing ^[18]

-Entry into active military service ^[18]

-Domestic abuse, sexual offenses, or stalking victim seeking relief ^[18]

-Death of the tenant (by surviving spouse or estate representative) ^[18]

Holdover Tenants

A tenant who remains in possession after the lease termination without the landlord's consent shall pay up to double the monthly rental (prorated daily) for each day of continued possession. The holdover tenant is also liable for any additional losses incurred by the landlord. ^[19]

Subleasing and Assignment

Unless otherwise agreed in writing, a tenant may sublet the premises or assign the rental agreement to another. The rental agreement may restrict the tenant's right to sublease by conditioning it on the landlord's consent, but such consent cannot be unreasonably withheld. The burden of showing reasonableness is on the landlord in any proceeding. ^[20]

Fair Housing Protections

Delaware has comprehensive fair housing protections. No person may refuse to rent or discriminate in the terms of rental based on race, creed, religion, marital status, color, sex, sexual orientation, gender identity, national origin, disability, age, source of income, occupation, military status, housing status, familial status, or any other basis protected under the Delaware Fair Housing Act. ^[21]

Source of income protections mean landlords generally cannot refuse to rent to tenants because they use housing vouchers or other forms of rental assistance, though landlords are not required to participate in government assistance programs. Landlords may still consider the sufficiency of income and creditworthiness of tenants in a commercially reasonable manner. ^[21]

Fire and Casualty Damage

If the rental unit is damaged by fire or casualty (not caused by the tenant) to an extent that substantially impairs enjoyment, the tenant may immediately quit the premises and notify the landlord in writing within one week, terminating the lease as of the date of vacating. If continued occupancy is lawful, the tenant may vacate the unusable portion and have rent reduced proportionally. ^[22]

Surety Bond Alternative

Instead of paying all or part of a security deposit, a tenant may choose to purchase a surety bond. The landlord cannot require a surety bond and is not required to accept one. The amount of a surety bond cannot exceed one month's rent. The surety must disclose to the tenant that the bond is not insurance for the tenant and that the tenant remains liable for damages. Surety bonds must be issued by carriers licensed by the Delaware Department of Insurance. ^[23]

Attorneys' Fees

No provision in a rental agreement providing for the recovery of attorneys' fees by either party in any suit, action, or proceeding arising from the tenancy shall be enforceable. This protection cannot be waived by the tenant. ^[24]

Resources and Citations

All citations below link to official Delaware government sources and federal law repositories. Click any citation number in the document to jump to the corresponding resource.

**[1] **Delaware Residential Landlord-Tenant Code, Title 25, Chapters 51-59

**[2] **25 Del. C. Section 5118 - Summary of Landlord-Tenant Code

**[3] **25 Del. C. Section 5105 - Disclosure Requirements

**[4] **42 U.S.C. Section 4852d - Lead-Based Paint Disclosure (Federal)

**[5] **25 Del. C. Section 5317 - Bed Bug Disclosure and Remediation

**[6] **25 Del. C. Chapter 56 - Right to Legal Representation in Evictions

**[7] **25 Del. C. Section 5514 - Security Deposits

**[8] **25 Del. C. Section 5501 - Tenant Obligations; Rent

**[9] **6 Del. C. Section 1301A - Dishonored Checks

**[10] **25 Del. C. Section 5305 - Landlord Obligations Relating to Rental Unit

**[11] **25 Del. C. Section 5509 - Tenant Obligation to Permit Reasonable Access

**[12] **25 Del. C. Section 5308 - Essential Services

**[13] **25 Del. C. Section 5503 - Tenant Obligations Relating to Rental Unit

**[14] **25 Del. C. Section 5307 - Repair and Deduction from Rent

**[15] **25 Del. C. Section 5516 - Retaliatory Acts Prohibited

**[16] **25 Del. C. Section 5313 - Unlawful Ouster or Exclusion of Tenant

**[17] **25 Del. C. Section 5106 - Rental Agreement; Term and Termination

**[18] **25 Del. C. Section 5314 - Tenant's Right to Early Termination

**[19] **25 Del. C. Section 5515 - Holdover Tenants

**[20] **25 Del. C. Section 5508 - Subleasing and Assignments

**[21] **25 Del. C. Section 5116 - Fair Housing Provisions

**[22] **25 Del. C. Section 5309 - Fire and Casualty Damage

**[23] **25 Del. C. Section 5514A - Surety Bond

**[24] **25 Del. C. Section 5111 - Attorneys' Fees Prohibited