A Delaware rental agreement is a legal contract between a landlord overseeing a rental property and a tenant using the property. Delaware landlord-tenant law governs and regulates these agreements.
Delaware Rental Agreement Types
A Delaware roommate agreement is a legal contract between two or more people (“co-tenants”) who share a rental property according to rules they set, including for things like splitting the rent. This agreement binds the co-tenants living together, and doesn’t include the landlord.
Common Residential Rental Agreements in Delaware
- Delaware Association of REALTORS® Residential Lease-Rental Agreement – this template for Delaware Association of REALTORS® members. It provides an extensive list of rules and procedures for properties governed by the Delaware Landlord-Tenant Code.
Delaware Required Residential Lease Disclosures
- Landlord’s Name and Address (required for all leases) – Delaware landlords must give the tenant their name and address, or that of their authorized agent. This allows required communication (for example, about repairs) to happen in a smooth way.
- Landlord-Tenant Code Summary (required for all leases) – Delaware landlords must provide a summary of the state Landlord-Tenant Code within or alongside every lease agreement. This helps ensure prospective tenants know their rights before signing a lease.
- Right To Counsel Disclosure (required for all leases) – Delaware requires that all new and renewing leases be accompanied by a disclosure of the state’s right-to-counsel program. This program provides free legal services to tenants facing eviction.
- Lead-Based Paint Disclosures (required for some leases) – Landlords must provide an EPA-approved disclosure and informational pamphlet to tenants renting any property built before 1978.
To learn more about required disclosures in Delaware, click here.
Delaware Landlord Tenant Laws
- Warranty of Habitability – Delaware landlords can only rent out habitable property. This means providing certain basic health and safety features like heat, plumbing, and electricity. Landlords must repair any issues within 15 days after proper notice from the tenant. Failure to repair lets a tenant sue the landlord or terminate the lease. Tenants also can sometimes repair and deduct, or withhold rent.
- Evictions – Delaware landlords may evict for rent nonpayment, lease violations, or illegal acts, among other things. Before filing eviction, landlords must serve tenants with prior notice to pay, comply or quit, depending on the eviction type. This means most evictions in Delaware take between a week to several months.
- Security Deposits – Delaware caps the value of a security deposit at one month’s rent, although some leases fall under an exception. When the lease ends, a landlord has 20 days to return any unused portion of a tenant’s security deposit.
- Lease Termination – Delaware landlords and tenants can end a month-to-month lease with 60 days of advance notice. Terminating a fixed-term lease early requires (in most cases) active military duty, landlord harassment, uninhabitable property, or domestic abuse.
- Rent Increases and Fees – Delaware landlords may increase rent by any amount, once during any 12-month period. They must provide at least 60 days of advance notice before a rent increase. The tenant then has 15 days to either agree to the increase or end the lease. The state caps late rent fees at 5% of the rent, and caps returned check fees at $40 unless the parties agree in writing to a different amount.
- Landlord Entry – Delaware landlords may enter rental property for reasonable business purposes like maintenance, inspections, and property showings. Before entering, they must provide at least 48 hours of advance notice, except for emergencies.
- Settling Legal Disputes – Delaware lets Justice of the Peace courts hear landlord-tenant disputes, as long as the amount in controversy is under $15,000. Unlike many states, Delaware allows these courts to hear eviction cases.
To learn more about landlord tenant laws in Delaware, click here.
Sources
- 1 Del. Code tit. 25 § 5606
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A landlord, or housing authority as defined under § 4301 of Title 31, shall provide a tenant with informational materials approved by the Coordinator that explain legal representation available to tenants, including a right to representation under this chapter, and identifies available resources. The Coordinator shall prepare the informational materials in English, Spanish, and Haitian Creole. The informational materials must be provided by the landlord or housing authority at all of the following events:
(1) After [the effective date of Section 1 of this Act], on signing a written rental agreement or entering into a rental agreement that is oral. (2) On the first renewal or modification of a rental agreement occurring after [the effective date of Section 1 of this Act]. (3) When the landlord provides any of the notices under § 5602(b)(1) of this title. [i.e., eviction notices] (4) When a tenant receives notice of the termination of a housing subsidy. - 2 Del. Code tit. 6 § 1301A(a)
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In any action against a drawer of any check, draft, or order for the payment of money that has been duly dishonored for lack of funds or credit to pay the same, or because the drawer has no account with the drawee, the plaintiff may recover from the drawer the amount of the check, draft, or order, plus court costs, damages in the amount of $50 for the first instance of a dishonored check, draft, or order issued to the plaintiff by the drawer within 1 year; for a second or subsequent dishonored check, draft or order for the payment of money issued to the plaintiff by the drawer within 1 year of the issuance of a previous dishonored check, draft, or order, triple the amount of the check, draft or order; not to exceed $250, plus court costs, provided that:
(1) The plaintiff made written demand of the defendant for payment of the amount of the check, draft, or order not less than 30 days before commencing the action; and
(2) The defendant failed to tender to the plaintiff, prior to commencement of the action, an amount of money not less than the amount of the check, plus a fee of $40.
(b) Subsequent to the commencement of an action governed by this section, but prior to the hearing, the defendant may tender to the plaintiff as satisfaction of the claim, an amount of money equal to the sum of the amount of the check, plus $40 and court costs.
(c) Nothing within this section shall be interpreted to prohibit the drawer of a check, draft, or order for the payment of money, and the payee of any of the foregoing, from agreeing in writing to terms that exceed the foregoing limits; provided, however, that no damages may be recovered under this section in any action for the repayment of any short-term consumer loan subject to the provisions of § 978 or § 2235A of Title 5; and
(d) The Justice of the Peace Court shall develop and produce appropriate forms and regulations to ensure efficiency in the application of this statute.
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