How Long Can a Residential Lease Be in Delaware?

Depending on circumstances, in Delaware it’s usually possible to have a lease of any length of time, as long as the length of the lease term is specific and agreed in writing by the landlord and tenant. Oral leases can almost never be for a term of more than one year.

Is a Contract to Lease Binding in Delaware?

Yes, a contract to lease is legally binding in Delaware. To be valid, a contract to lease may have to be written, especially for a fixed term over one year. Oral leases may be valid in some cases (especially when both parties later behave as though there’s an enforceable oral lease), but often have strict limitations on enforceability for things like length of the lease term.

Do Lease Agreements Need to Be Notarized in Delaware?

No, lease agreements do not need to be notarized in Delaware. A notary helps establish the identity of the people signing the lease, if there’s a claim of fraud, but a notary isn’t necessary for a lease to be valid.

Can a lease automatically renew in Delaware?

Yes, a lease can automatically renew in Delaware. Most rental agreements will automatically renew when the initial tenancy period is over, if neither party takes action. Past this point, the lease typically becomes a month-to-month rental agreement, with the same basic terms and conditions otherwise as the original lease. In some cases, such as if rent is being paid weekly, the lease may become a week-to-week lease.

Delaware Lease Agreement (Free) | 2024 Official

A Delaware residential lease agreement (“rental agreement”) is a legal contract between a landlord overseeing a residential property and a tenant who wishes to rent it. A residential lease may, on or before move-in, additionally require a security deposit from the tenant as assurance against future property damage.

Delaware Lease Agreement Disclosures

These disclosures are required for some or all residential lease agreements in Delaware:

Disclosure	Applicable To
Landlord’s Name/Address	All Units
Landlord/Tenant Code	All Units
Right To Counsel	All Units
Lead Paint	All Units Built Before 1978

Landlord’s Name and Address

Applicable to all Delaware rentals.

Delaware leases must contain the name and address of the landlord or authorized agent. This enables smooth communication of any important legal notice. This contact information is most often written in the lease agreement, for maximum convenience. The landlord has an obligation to notify the tenant in the event of a change in contact information.

Landlord-Tenant Code Summary

Applicable to all Delaware rentals.

Delaware landlords must provide tenants with a summary of the state Landlord-Tenant Code at the beginning of a new rental agreement. If the landlord doesn’t provide this summary, the tenant may plead ignorance as a defense against the enforcement of certain charges or obligations.

If the property is in New Castle County, there is an additional requirement to provide a copy of the New Castle County Tenants’ Rights and Responsibilities Guide, with delivery verified by the tenant’s signature.

Download: Delaware Landlord-Tenant Code Disclosure Form (PDF)

Right To Counsel Disclosure

Applicable to all Delaware lease renewals and new leases.

Delaware has a right-to-counsel program which provides free legal services on certain landlord-tenant issues (such as eviction), to qualifying lower-income tenants. The law requires that landlords attach a disclosure related to this program with all new leases, lease renewals, and eviction notices.

Download: Delaware Right To Counsel Disclosure (PDF)

Lead-Based Paint Disclosure

Applicable to any Delaware rentals built before 1978.

Delaware residential leases for property built before 1978 must, by federal law, contain a lead-based paint disclosure. This requires landlords to do the following:

Fill out and attach this lead-based paint disclosure form to the lease agreement
Provide the tenant with an Environmental Protection Agency (EPA) approved pamphlet about the dangers of lead-based paint
Provide any additional records or reports about the presence or hazards of lead-based paint in the unit (for multi-unit buildings with common areas, this includes information from building-wide evaluations)

Download: Delaware Lead-Based Paint Disclosure Form (PDF)

Optional Disclosures and Addenda (Recommended)

The following lease agreement disclosures and addenda are not required by Delaware law in residential lease agreements, but assist with tenant management and help limit landlord liability.

Optional Disclosure	Purpose
Asbestos	Informs tenants about any asbestos hazards related to the property. Tenants can take precautions to reduce asbestos hazards by avoiding any disturbance of asbestos fibers.
Bed Bugs	Informs tenants whether the property or an adjacent unit has a history of suspected bed bug infestation, and reminds the tenant of the obligation to report suspected infestation immediately.
Late/Returned Check Fees	Specifies late fees or returned check fees related to the lease. Delaware caps late fees at 5% of the overdue amount. By default, returned check fees are capped at $40 for the first case of a bad check ($250 for the same tenant bouncing a check within one year of another bad check). It may be possible for a landlord and tenant to agree in writing on higher fees, but this reduces a landlord’s options for recovery in case of nonpayment.
Medical Marijuana Use	Informs tenants about policy related to medical marijuana use on the rental property. Some state laws allow landlords to restrict marijuana usage to non-smoking methods only, or allow use only in designated smoking areas.
Mold Disclosure	Informs tenants about actual or suspected mold contamination on the property, along with any remediation efforts, to help limit landlord liability.
Move-In Checklist	Takes inventory of existing property damage, when the tenant takes possession of the rental property. This enables accurate deductions from the security deposit upon move-out.
Non-Refundable Fees	Charges not agreed by the tenant in the lease may be refundable upon lease termination. For Delaware landlords to charge a non-refundable fee, it must be disclosed and agreed as such in the lease.
Shared Utilities Arrangements	Discloses how charges are billed to individual tenants, when multiple rental units share a utility meter for the whole building or property. This ensures tenants receive fair charges and understand what uses contribute to their bill.
Smoking	Informs tenants of designated smoking areas that do not interfere with the quiet enjoyment of other tenants.

Consequences of Not Including Mandatory Disclosures

Mandatory disclosures outline important health, safety, and property information for the benefit of both landlord and tenant. A landlord who fails to provide federally or state-mandated disclosures could face legal consequences or monetary penalties, either from a tenant lawsuit or from state officials. Many lease provisions may be unenforceable without legally required disclosures.

Failure to comply with the federal lead-based paint hazard disclosure risks fines of tens of thousands of dollars per violation.

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1 25 DE Code § 5105 (2019): …(a) On each written rental agreement, the landlord shall prominently disclose:

(1) The names and usual business addresses of all persons who are owners of the rental unit or the property of which the rental unit is a part, or the names and business addresses of their appointed resident agents; and/or

(2) The names and usual business addresses of any person who would be deemed a landlord of the unit pursuant to § 5141 of this title.

(b) Where there is a written rental agreement, the landlord shall provide a copy of such written rental agreement to the tenant, free of charge. In the case of an oral agreement, the landlord shall, on demand, furnish the tenant with a written statement containing the information required by subsection (a) of this section…
2 25 DE Code § 5118 (2019): …A summary of the Landlord-Tenant Code, as prepared by the Consumer Protection Unit of the Attorney General’s Office or its successor agency, shall be given to the new tenant at the beginning of the rental term. If the landlord fails to provide the summary, the tenant may plead ignorance of the law as a defense…
3 Del. Code tit. 25 § 5606: 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.

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4 Del. Code tit. 6 § 1301A: (a) 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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