A Delaware lease agreement does more than set rent amounts and due dates; it protects landlords by ensuring compliance with state rental laws. Many landlords don’t realize how much detail Delaware law expects in a residential lease agreement. Missing minor requirements (like failing to provide the Delaware Landlord-Tenant Code or not documenting a bed bug inspection) can lead to confusion or legal trouble later.
Disclosures (5)
Delaware law requires landlords to include specific disclosures in every lease agreement. These disclosures list essential details such as contact information, lead-based paint warnings, and inspection results. Providing this information upfront helps landlords stay compliant, promote transparency, and prevent misunderstandings before move-in.
1. Lead-based paint: Federal law requires landlords to inform tenants about lead-based paint, as well as its hazards, in any home built before 1978.
2. Owner disclosure: Landlords must include their name and contact information with any Delaware lease agreement (Del. Code tit. 25, § 5105(a)).
3. Landlord-tenant code: Landlords must give tenants a summary of the Delaware Landlord-Tenant Code with their lease (Del. Code tit. 25, § 5118).
4. Bed bugs: Before move-in, landlords must inspect for bed bugs and provide a written statement, along with treatment options, if any are found (Del. Code tit. 25, § 5317).
5. Disclosure: If a tenant’s income stays beneath 200 percent of the federal poverty guidelines, they may be entitled to legal representation in an eviction case, in some instances (Del. Code tit. 25, § 5602).
Optional Disclosures and Addenda
These optional disclosures are not legally required in Delaware, but they go a long way toward preventing future misunderstandings with tenants. Clear communication on these topics helps to demonstrate professionalism and allows tenants to make informed decisions.
Asbestos: Advises tenants of any asbestos on the property, as well as tips to reduce exposure and risk.
Late/returned check fees: Outlines fees for late or returned checks pertaining to rent payments. In Delaware, landlords may charge up to 5 percent of the overdue amount as a late fee. Returned check fees are capped at $40 for the first returned check offense, and this fee increases to $250 if the same tenant bounces another check within 12 months (Del. Code tit. 6 § 1301A).
Medical marijuana use: Explains the acceptable use of medical marijuana on the property, including any limitations or restrictions.
Mold disclosure: Informs tenants of any known or suspected mold issues in the unit, including remediation options.
Move-in checklist: Details the condition of the unit at move-in, including any existing damages. Landlords use this checklist at move-out to compare conditions and calculate deductions.
Non-refundable fees: Discloses any non-refundable fees to make them enforceable.
Shared utilities arrangements: Explains how they will divide utility costs if any units share a meter.
Smoking: Details the smoking policy on the property, including the location of any designated smoking areas.
Consequences of Not Including Mandatory Disclosures
Leaving out required information may seem minor now, but it can carry serious consequences under Delaware’s landlord-tenant code down the road. Omitting a mandatory disclosure can limit a landlord’s ability to enforce parts of the lease, delay eviction proceedings, or even expose them to fines. Ensuring every lease agreement is complete not only protects landlords legally but also builds credibility with tenants from the start.
Security Deposit Regulations in Delaware
Delaware designed its security deposit laws to protect both landlords and tenants. Landlords can collect a reasonable deposit, typically limited to one month’s rent for a year-long lease, but they must follow clear rules for holding, documenting, and returning the money. Knowing these requirements, including timelines for refunds and what deductions are allowed, helps landlords stay compliant and avoid disputes.
Maximum amount: For leases lasting 1 year or longer, landlords may charge the equivalent of 1 month’s rent as a security deposit. For month-to-month leases, landlords may charge any amount as a security deposit. However, landlords must refund the difference between that amount and one month of rent to the tenant once they have lived in the unit for one year (Del. Code tit. 25, § 5514(a)).
Deposit receipt: Landlords must provide tenants with a written receipt for their security deposit payment, including the location of the escrow account holding the funds (Del. Code tit. 25, § 5514(b)).
Security deposit return: Delaware landlords must return a tenant’s security deposit, minus any deductions, within 20 days of the lease terminating (Del. Code tit. 25, § 5514(f)).
Deductions: Landlords may withhold deductions to cover the cost of any damages caused by the tenant. They must provide an itemized list of these deductions to the tenant within 20 days of move-out (Del. Code tit. 25, § 5514(f)).
Rent Payment Regulations
Collecting rent payments is the backbone of any rental business. Delaware law clearly lays out specific regulations regarding how and when landlords can receive rent.
Rent control/stabilization: Rent control and stabilization do not exist in Delaware.
Late rent fees: Landlords may charge up to 5 percent of the monthly rent as a fee for late rent (Del. Code tit. 25, § 5501(d)).
Grace period: Tenants have up to 5 days after the rent is due before landlords can charge a late fee (Del. Code tit. 25, § 5501(d)).
Tenant’s right to withhold rent: Tenants may not withhold rent for any reason in Delaware (Del. Code tit. 25, § 5505(a)).
Violations
When a tenant violates their lease, Delaware law provides landlords with a clear path to resolution. Addressing issues promptly and following proper notice procedures ensures that both the landlord’s rights and the tenant’s due process are respected. Staying compliant with notice requirements is key to avoiding unnecessary legal complications.
Lease violation: If a tenant violates any part of their lease, landlords may issue a 7-day Notice to Cure or Quit. For more serious violations, the landlord may fix the violation, charge the tenant, and then end the rental contract (Del. Code tit. 25, § 5513).
Missed rent payment: Landlords must give tenants 5 days after the due date to pay their rent. At that time, landlords may issue a 5-day Notice to Pay or Quit (Del. Code tit. 25, § 5501(d), Del. Code tit. 25, § 5502(a)).
Lease abandonment: If a tenant moves out before the end of their lease term, they may still be liable for the remainder of the lease balance. They may also be responsible for the cost of any repairs to the unit and any costs associated with finding a new tenant (Del. Code tit. 25, § 5507(d)).
Self-help evictions: In Delaware, self-help evictions are illegal. Landlords should never attempt to remove a tenant on their own.
Terminating a Lease
Ending a tenancy, even when done lawfully, requires careful attention to Delaware’s notice and timing requirements. The proper procedure depends on the type of lease, the reason for termination, and whether the tenant has violated the agreement.
Providing the correct notice and documenting all communication ensures a smoother, legally sound transition for both landlord and tenant.
Standard lease: Several conditions may allow a tenant to terminate their Delaware lease agreement early: a significant illness or death of a family member who lives in the unit with them, moving into a senior living community, active duty military orders, domestic violence, and more. Even in these cases, 30 days’ notice must still be given (Del. Code tit. 25, § 5314 (b)).
Month-to-month: Either party can terminate a month-to-month rental agreement with 60 days’ written notice (Del. Code tit. 25, § 5106(d)).
Property abandonment: If a tenant leaves behind any items, the landlord may immediately remove them from the property and charge the tenant for storage. After 7 days, they may dispose of the items (Del. Code tit. 25, § 5507(e)).
Renewing a Lease
If both parties are happy with how things are going, a lease renewal offers stability and steady income for the landlord. Sending timely renewal notices shows professionalism and helps landlords retain great tenants while also maintaining compliance.
Notice requirements: Landlords must give tenants 60 days’ written notice if they do not intend to renew their lease (Del. Code titl. 25, § 5106(d)).
Renewals: Landlords are not required to renew a Delaware lease agreement.
Landlord’s Access to Property
Delaware landlords may enter a rental property for several reasons, such as inspections, repairs, or emergencies; however, they must give reasonable notice beforehand. Respecting a tenant’s privacy while ensuring proper property maintenance is the trademark of good property management. Proper communication about access helps build trust and keeps both sides within the law.
Immediate access: In case of an emergency, Delaware landlords do not have to provide tenants with notice before entering the property.
Notice requirements: Landlords should give tenants a minimum of 48 hours’ notice before entering the property, unless it is for a necessary repair. Landlords may only enter the property between 8 am and 9 pm (Del. Code tit. 25, § 5509(b)).
Harassment: Violating these rules may constitute landlord harassment, which would entitle a tenant to terminate their lease early (Del. Code tit. 25, § 5509(b)).
