A Delaware rental agreement is a legal contract between a landlord overseeing a rental property and a tenant who wishes to use it. Delaware landlord-tenant law governs an 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 is intended for authorized Delaware Association of REALTORS® members. It provides an extensive list of rules and procedures and is specific for properties governed by the Delaware Landlord-Tenant Code.
Delaware Required Residential Lease Disclosures
- Landlord’s Name and Address (required for all leases) – Delaware leases must contain the name and address of the landlord or authorized agent. This enables smooth communication of any important legal notice.
- Landlord-Tenant Code Summary (required for all leases) – Delaware landlords must provide a summary of the state’s Landlord-Tenant Code within or alongside every lease agreement, to ensure prospective tenants know their rights before signing a lease.
- Right To Counsel Disclosure (required for all leases) – Delaware law requires that all new leases and lease renewals must be accompanied by a disclosure of the state’s right-to-counsel program providing free legal services to tenants facing eviction.
- Lead-Based Paint Disclosures (required for some leases) – For any property built before 1978, federal law requires that a Delaware residential lease must contain a lead-based paint disclosure with an EPA informational pamphlet, plus notice of any lead hazards on the property.
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, which means providing certain features essential to basic health and safety like heat, plumbing, electricity, and sound structural elements. 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 default, lease violations, or illegal acts, among other things. Before filing eviction, landlords must serve tenants with prior notice to quit. 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 to this rule. Upon lease termination, a landlord has 20 days to return to the tenant any unused portion of a security deposit.
- Lease Termination – Delaware allows tenants to terminate a month-to-month lease with 60 days of advance notice. A fixed-term lease can’t be terminated early without active military duty, landlord harassment, uninhabitable property, or domestic abuse.
- Rent Increases and Fees – Delaware landlords may increase rent by any mount, a maximum of once during any 12-month period. They must provide at least 60 days of advance notice before any rent increase, and notified tenant then has 15 days to either agree to the increase or terminate the lease. The state caps late rent fees valued at 5% rental amount, and caps returned check fees at $40 unless the parties agree in writing to a different amount.
- Landlord Entry – Delaware landlord may enter rental property for purposes reasonably related to the tenancy, such as maintenance, inspections, and property showings. Before entering, they must provide at least 48 hours of advance notice, unless it’s an emergency.
- Settling Legal Disputes – Delaware allows its Justice of the Peace courts to 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, as well.
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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