Delaware Rental Lease Agreement Templates (6)

A Delaware lease agreement solidifies the arrangement made between a landlord and tenant regarding the possession of a rental property for a fixed period of time. Once signed, the contract becomes binding and all individuals must abide by the terms and conditions set forth within the document and any regulations enforced by the state.

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Last updated January 9th, 2026

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A Delaware lease agreement solidifies the arrangement made between a landlord and tenant regarding the possession of a rental property for a fixed period of time. Once signed, the contract becomes binding and all individuals must abide by the terms and conditions set forth within the document and any regulations enforced by the state.

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Lease Agreements (6)

Commercial Lease Agreement: Designed for a property that will house a company’s business activities.

Download: PDF, Word (.docx)

Lease to Own Agreement: A document specifically customized to give the tenant the right to purchase the real estate at any time during the term of the lease.

Download: PDF, Word (.docx)

Month-to-Month Lease: With minimal obligation, this type of contract enables either the lessor or the lessee to terminate the occupancy at any time as long as sixty days’ advance notice is given (§ 5106(d)).

Download: PDF, Word (.docx)

Roommate Agreement: Utilized when an individual, whether they be a current tenant or owner of a property, would like to rent out a room/space within a residential dwelling.

Download: PDF, Word (.docx)

Standard Lease Agreement: Authenticating registry to summarize the terms and requirements to the rental of a residential dwelling.

Download: PDF, Word (.docx)

Sublease Agreement: Once landlords approve, current tenants can re-rent the premises to third parties under a separate sublease.

Download: PDF, Word (.docx)

Required Landlord Disclosures

1.) Contact Information (25 Del Code § 5105): The landlord or an authorized individual must supply the names and business addresses of themselves and anybody who owns a portion of the property being rented (or formal agents representing the landlord/owner).

2.) Landlord-Tenant Laws (25 DE Code § 5118): Landlords provide the state’s Summary of the Landlord-Tenant Code upon execution.

3.) Lead-Based Paint (42 U.S. Code § 4852d): A required written lead paint disclosure informing tenants pre-1978 structure lead dangers.

4.) Security Deposit (25 Del Code § 5514): The landlord must disclose the escrow account containing the security deposit funds.

When is Rent Due?

Grace Period: Delaware expects rent paid according to the lease or every term; however:

  • Late payments do not incur fees for five days after the rent’s due date when there is an in-county address to receive payment.
  • Landlords may not impose late fees for unpaid rent until eight days after the due date in the absence of a consistent in-county address to receive rent (25 Del Code § 5501).

Unpaid: Landlords issue a five-day notice to pay the rent within five days of receipt or the lease terminates accordingly (25 DE Code § 5502).

Late Fees 

If the tenant does not pay rent on the agreed-upon date and extends past the 5-day (or 8-day) grace period, the landlord may charge an additional fee that is no more than five (5) percent of the total rent payment (25 Del Code § 5501(d)).

NSF Fee

If a landlord receives a bad check from a tenant for a rent payment, the landlord is entitled to reimbursement for the full amount of the check, as well as compensation up to $40 for any damages incurred from their bank (6 DE Code § 1301A).

Security Deposit Maximum ($)

Landlords request one month’s rent (maximum) as security whenever the lease is one or more years (25 DE Code § 5514).

Security Deposit Return

Returning to Tenant: Landlords return tenant security deposits within 20 days of lease termination (25 DE Code § 5514(e)).

Itemized List: If there are damages to the property that require repair, the landlord must deliver an itemized list to the tenant detailing the reason for each deduction (also within 20 days after the expiration of the contract) (25 DE Code § 5514).

Landlord’s Right to Enter

Standard Entry: Landlords accessing rental property provide tenants with notice of entry forty-eight (48) hours beforehand (25 DE Code § 5509(b)).
Acceptable Hours: Acceptable hours of entry are between 8:00 a.m. and 9:00 p.m. (25 DE Code § 5509(b)).
Emergency Entry: Landlords “enter at any time” during an emergency, but shall not abuse this right (25 DE Code § 5509)

Absence

Landlords assume absence once it is clear the tenant will not return (e.g., missing furniture, overdue rent) (25 DE Code § 5507).

Repair and Deduct

Tenants are explicitly given the right to deduct from the rent to repair serious issues under certain conditions:

  • The landlord ignores or dismisses a notice to repair for 30 days after its service
  • The tenant is up to date in their rent payments
  • The repair issue is not the result of the tenant’s actions
  • None of the tenant’s guests are at fault for the damage (25 DE Code § 5307).

Delaware allows tenants up to $400 or ½ a month’s rent to complete the repair (whichever is less); however, they must provide receipts for this balance when paying the rent (25 DE Code §5307).

Tenant Breaking a Lease Early

Duty to Mitigate: Delaware explicitly expects landlords to uphold the “duty to mitigate damages” (25 DE Code § 5507.).
Domestic Violence: Abuse and violent crime victims “seeking relief” (e.g., from courts) can terminate prematurely (25 DE Code § 5314).
Active Military: In addition to federal allowances, Delaware allows military members to terminate their lease through a thirty-day written notice whenever required (25 DE Code § 5314).
Uninhabitable Living Conditions: Tenants issue a written notice to comply within 15 days (of landlord’s receipt), specifically addressing landlords violating lease or law (25 DE Code § 5306).
Landlord Harassment: The law explicitly forbids Landlords from retaliatory actions and using the right of entry as a means of harassment (25 DE Code § 5509) (25 Del.C. § 5516).

Is an Oral Lease enforceable?

Oral leases remain effective for one year, but are unenforceable as such beyond a year (25 DE Code § 5106).

Renewing a Lease

Landlords must give at least 60 days’ notice before updating the terms of the lease to increase rent; however, the tenant may terminate the lease over the increase with 45 days’ notice prior to the end of their current lease term (25 DE Code § 5108).

Unclaimed Property

Whenever landlords are absolutely sure their tenant shall not return, they dispose of remaining property (25 DE Code § 5507)

Landlords store tenant property for seven days, 24 hours after a successful writ of possession (25 DE Code § 5715)

Landlord-Tenant Landlord Laws

State regulations concerning landlords/tenant relationships are found under Title 25: Property – Part III – Residential Landlord-Tenant Code.