Delaware Lease Agreement Templates

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What’s Included in Delaware Lease Forms

Lease Template Updated January 11, 2025

A residential lease agreement in Delaware is a vital legal document that clearly defines rental terms, payment details, property rules, and the responsibilities of both landlords and tenants. It protects the landlord's interests while ensuring compliance with Delaware laws.

Our form includes:

Parties Identification

Lease Term

Rent Payment Terms

Security Deposit

Maintenance Responsibilities

State-Specific Disclosures

State-Specific Notices

Disclosure Requirements

Disclosures and Addenda for Delaware

These disclosures and addenda ensure compliance with state laws and protect both landlords and tenants.

Landlord’s Name and Address

Applicable to all Delaware rentals.

According to Delaware Code Title 25, Chapter 51, § 5118, landlords must disclose their contact information in lease agreements. Additionally, they must provide a written policy regarding the return of security deposits.
Landlord Requirements:

Provide the landlord’s name and physical address in the lease.
Disclose the terms and conditions for returning security deposits.
Notify tenants in writing of any changes to contact details.

Lead-Based Paint Disclosure

Applicable to Delaware rentals built before 1978.

Federal law requires landlords of properties built before 1978 to disclose the presence of lead-based paint or related hazards. Delaware landlords must comply with the Residential Lead-Based Paint Hazard Reduction Act of 1992 (Title X), ensuring tenants are informed of any potential health risks.
Landlord Requirements:

Attach a completed lead-based paint disclosure form to the lease agreement.
Provide tenants with the EPA-approved pamphlet on lead hazards.
Disclose any known presence of lead-based paint or related hazards in the unit.

Condition of the Premises

Guidelines for Maintaining Rental Property Standards

The lease must document the property’s condition to protect both parties, in compliance with Florida Statutes § 83.51. This ensures clarity on pre-existing issues and responsibilities during and after the lease.
Landlord Requirements:

Perform an initial property assessment before tenant occupancy.
Provide tenants with a written record of property conditions.
Ensure all essential systems (plumbing, electrical, heating) are in working order.

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State-Specific Lease Agreements

Explore Lease Agreements by State

Explore lease agreement forms from other states to ensure compliance and simplify rentals.

Disclosure
Landlord's Name and Address <p>Landlords must prominently disclose 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. </p>	Landlord's Name and Address	Landlords must prominently disclose 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.
Lead Paint - Know Presence <p>Applies to units built before 1978 where the presence of lead paint has been confirmed.</p>	Lead Paint - Know Presence	Applies to units built before 1978 where the presence of lead paint has been confirmed.
Lead Paint - No Know Presence <p>Applies to units where no evidence of lead paint is present or units built after 1978.</p>	Lead Paint - No Know Presence	Applies to units where no evidence of lead paint is present or units built after 1978.
Condition of the Premises <p>While not explicitly mandated by Delaware law, it's advisable for landlords to provide a move-in checklist or document the property's condition at the start of the tenancy to ensure fair handling of security deposits upon move-out.</p>	Condition of the Premises	While not explicitly mandated by Delaware law, it's advisable for landlords to provide a move-in checklist or document the property's condition at the start of the tenancy to ensure fair handling of security deposits upon move-out.
Late/Returned Fees <p>Delaware law permits landlords to charge late fees if rent is not paid on time. However, the law does not specify a maximum amount for late fees, so they must be reasonable and clearly stated in the rental agreement.</p>	Late/Returned Fees	Delaware law permits landlords to charge late fees if rent is not paid on time. However, the law does not specify a maximum amount for late fees, so they must be reasonable and clearly stated in the rental agreement.
Mold Disclosure <p>Delaware law doesn't require landlords to disclose mold presence. Landlords are obligated to maintain habitable premises, which includes addressing mold issues promptly.</p>	Mold Disclosure	Delaware law doesn't require landlords to disclose mold presence. Landlords are obligated to maintain habitable premises, which includes addressing mold issues promptly.
Non-Refundable Fees <p>Landlords must clearly disclose any non-refundable fees in the lease agreement to enforce them</p>	Non-Refundable Fees	Landlords must clearly disclose any non-refundable fees in the lease agreement to enforce them
Smoking <p>While not required by Delaware law, it's advisable to include a smoking policy in the lease agreement to set clear expectations.</p>	Smoking	While not required by Delaware law, it's advisable to include a smoking policy in the lease agreement to set clear expectations.
Security Deposit Disclosure <p>Landlords must inform tenants of the location and account number of the bank where the security deposit is held. This provides transparency and assures tenants that their deposit is securely stored.</p>	Security Deposit Disclosure	Landlords must inform tenants of the location and account number of the bank where the security deposit is held. This provides transparency and assures tenants that their deposit is securely stored.
Flood Hazard Disclosure <p>Delaware law does not mandate landlords to disclose if a property is in a flood zone; however, it's considered good practice to inform tenants of potential flood risks.<br><br></p>	Flood Hazard Disclosure	Delaware law does not mandate landlords to disclose if a property is in a flood zone; however, it's considered good practice to inform tenants of potential flood risks.
Radon Disclosure <p>Delaware does not require radon disclosures. However, if a landlord is aware of elevated radon levels, it is prudent to inform tenants to ensure transparency and safety.</p>	Radon Disclosure	Delaware does not require radon disclosures. However, if a landlord is aware of elevated radon levels, it is prudent to inform tenants to ensure transparency and safety.
Bed Bugs Disclosure <p>Before renting a dwelling unit, landlords must visually inspect the unit for any evidence of bed bugs. If an infestation is known or reasonably suspected, the landlord is prohibited from showing, renting, or leasing the unit to prospective tenants. </p>	Bed Bugs Disclosure	Before renting a dwelling unit, landlords must visually inspect the unit for any evidence of bed bugs. If an infestation is known or reasonably suspected, the landlord is prohibited from showing, renting, or leasing the unit to prospective tenants.
Addenda
Pet Agreement <p>Outline rules regarding pet types, sizes, behavior, and any associated fees or deposits.</p>	Pet Agreement	Outline rules regarding pet types, sizes, behavior, and any associated fees or deposits.
Medical Marijuana <p>Delaware law allows the use of medical marijuana for qualifying patients; however, landlords can set policies regarding its use on their property, including prohibiting smoking.</p>	Medical Marijuana	Delaware law allows the use of medical marijuana for qualifying patients; however, landlords can set policies regarding its use on their property, including prohibiting smoking.
Shared Utilities <p>Describe how utility charges are divided among tenants to ensure clarity on financial responsibilities.</p>	Shared Utilities	Describe how utility charges are divided among tenants to ensure clarity on financial responsibilities.
Carbon Monoxide Alarm <p>Delaware law mandates that owners of lodging establishments install and maintain carbon monoxide detection devices. In rental agreements of one month or more, the tenant is responsible for maintaining operable batteries in these devices within their unit.</p>	Carbon Monoxide Alarm	Delaware law mandates that owners of lodging establishments install and maintain carbon monoxide detection devices. In rental agreements of one month or more, the tenant is responsible for maintaining operable batteries in these devices within their unit.