Free Delaware Rental Lease Agreement


Sample Delaware Rental Lease Agreement

RESIDENTIAL LEASE AGREEMENT

THIS RESIDENTIAL LEASE (the “Lease”) dated this ___ day of ____________________,20___

BETWEEN:

_______________

(the “Landlord”)

– AND-

_______________

(the “Tenant”)

(individually the “Party” and collectively the “Parties”)

IN CONSIDERATION OF the Landlord leasing certain premises to the Tenant and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, the Parties agree as follows:

    Leased Property

  1. The Landlord agrees to rent to the Tenant the house, municipally described as ______________________, ______________________, Delaware, ______________________ (the “Property”), for use as residential premises only.
  2. No guests of the Tenants may occupy the Property for longer than one week without the prior written consent of the Landlord.
  3. Term

  4. The term of the Lease is a periodic commencing at 12:00 noon on _____________of _____________, 20___and continuing on a month-to-month basis until the Landlord or the Tenant terminates the tenancy.
  5. Rent

  6. Subject to the provisions of this Lease, the rent for the Property is $_____________ per week (the “Rent”).
  7. The Tenant will pay the Rent weekly, on or before ______________ of each and every week of the term of this Lease to the Landlord at ______________________, ______________________, State of Delaware, ______________________ or at such other place as the Landlord may later designate by Cash.
  8. Tenant Improvements

  9. The Tenant will obtain written permission from the Landlord before doing any of the following:

    1. applying adhesive materials, or inserting nails or hooks in walls or ceilings other than two small picture hooks per wall;
    2. painting, wallpapering, redecorating or in any way significantly altering the appearance of the Property;
    3. removing or adding walls, or performing any structural alterations;
    4. installing a waterbed(s);
    5. changing the amount of heat or power normally used on the Property as well as installing additional electrical wiring or heating units;
    6. placing or exposing or allowing to be placed or exposed anywhere inside or outside the Property any placard, notice or sign for advertising or any other purpose; or
    7. affixing to or erecting upon or near the Property any radio or TV antenna or tower.
  10. Insurance

  11. The Tenant is hereby advised and understands that the personal property of the Tenant is not insured by the Landlord for either damage or loss, and the Landlord assumes no liability for any such loss.
  12. Attorney Fees

  13. In the event that any action is filed in relation to this Lease, the unsuccessful Party in the action will pay to the successful Party, in addition to all the sums that either Party may be called on to pay, a reasonable sum for the successful Party’s attorney fees.

  14. Governing Law

  15. This Lease will be construed in accordance with and exclusively governed by the laws of the State of Delaware.

  16. Severability

  17. If there is a conflict between any provision of this Lease and the applicable legislation of the State of Delaware (the “Act”), the Act will prevail and such provisions of the Lease will be amended or deleted as necessary in order to comply with the Act. Further, any provisions that are required by the Act are incorporated into this Lease.

  18. The invalidity or unenforceability of any provisions of this Lease will not affect the validity or enforceability of any other provision of this Lease.  Such other provisions remain in full force and effect.

  19. Amendment of Lease

  20. This Lease may only be amended or modified by a written document executed by the Parties.

  21. Damage to Property

  22. If the Property should be damaged other than by the Tenant’s negligence or willful act or that of the Tenant’s employee, family, agent, or visitor and the Landlord decides not to rebuild or repair the Property, the Landlord may end this Lease by giving appropriate notice.

  23. Care and Use of Property

  24. The Tenant will promptly notify the Landlord of any damage, or of any situation that may significantly interfere with the normal use of the Property or to any furnishings supplied by the Landlord.

  25. The Tenant will not engage in any illegal trade or activity on or about the Property.

  26. The Parties will comply with standards of health, sanitation, fire, housing and safety as required by law.

  27. The Parties will use reasonable efforts to maintain the Property in such a condition as to prevent the accumulation of moisture and the growth of mold. The Tenant will promptly notify the Landlord in writing of any moisture accumulation that occurs or of any visible evidence of mold discovered by the Tenant. The Landlord will promptly respond to any such written notices from the Tenant.
  28. If the Tenant is absent from the Property and the Property is unoccupied for a period of 4 consecutive days or longer, the Tenant will arrange for regular inspection by a competent person. The Landlord will be notified in advance as to the name, address and phone number of the person doing the inspections.

  29. At the expiration of the term of this Lease, the Tenant will quit and surrender the Property in as good a state and condition as they were at the commencement of this Lease, reasonable use and wear and tear excepted.

  30. Rules and Regulations

  31. The Tenant will obey all rules and regulations of the Landlord regarding the Property.

  32. Address for Notice

  33. For any matter relating to this tenancy, the Tenant may be contacted at the Property or through the phone number below. After this tenancy has been terminated, the contact information of the Tenant is:

    1. Name: _______________
    2. Phone: ______________________
  34. For any matter relating to this tenancy, whether during or after this tenancy has been terminated, the Landlord’s address for notice is:

    1. Name: _______________
    2. Address: ______________________, ______________________, State of Delaware, ______________________

      The contact information for the Landlord is:

    3. Phone: ______________________
  35. General Provisions

  36. All monetary amounts stated or referred to in this Lease are based in the United States dollar.
  37. Any waiver by the Landlord of any failure by the Tenant to perform or observe the provisions of this Lease will not operate as a waiver of the Landlord’s rights under this Lease in respect of any subsequent defaults, breaches or non-performance and will not defeat or affect in any way the Landlord’s rights in respect of any subsequent default or breach.
  38. This Lease will extend to and be binding upon and inure to the benefit of the respective heirs, executors, administrators, successors and assigns, as the case may be, of each Party. All covenants are to be construed as conditions of this Lease.
  39. All sums payable by the Tenant to the Landlord pursuant to any provision of this Lease will be deemed to be additional rent and will be recovered by the Landlord as rental arrears.
  40. Where there is more than one Tenant executing this Lease, all Tenants are jointly and severally liable for each other’s acts, omissions and liabilities pursuant to this Lease.
  41. Locks may not be added or changed without the prior written agreement of both Parties, or unless the changes are made in compliance with the Act.
  42. The Tenant will be charged an additional amount of .00 for each N.S.F. check or checks returned by the Tenant’s financial institution.
  43. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Lease. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
  44. This Lease may be executed in counterparts. Facsimile signatures are binding and are considered to be original signatures.
  45. This Lease constitutes the entire agreement between the Parties.
  46. During the last 30 days of this Lease, the Landlord or the Landlord’s agents will have the privilege of displaying the usual ‘For Sale’ or ‘For Rent’ or ‘Vacancy’ signs on the Property.
  47. Time is of the essence in this Lease.

IN WITNESS WHEREOF _______________ and _______________ have duly affixed their signatures on this ___ day of ____________________,20___.

_________________________________
Landlord: _______________

 

_________________________________
Tenant: _______________

The Tenant acknowledges receiving a duplicate copy of this Lease signed by the Tenant and the Landlord on the _____ day of ______________________, 20____.

_________________________________
Tenant: _______________

 

 

Lead-Based Paint Disclosure

Property: ______________________, ______________________, Delaware, ______________________
Landlord: _______________
Tenant: _______________

Landlord’s Disclosure

The Landlord CERTIFIES THAT:

  1. The Landlord has NO knowledge of any lead-based paint and/or lead-based paint hazards in or about the Property.
  2. The Landlord has NO records or reports relating to lead-based paint and/or lead-based paint hazards in or about the Property.
Date: ___ day of ____________________,20___

  Landlord: _______________

per: _________________________________

Tenant’s Disclosure

The Tenant ACKNOWLEDGES receipt of:

  1. the information contained in the above Landlord’s Disclosure including the above-mentioned reports and records; and
  2. the pamphlet Protect Your Family from Lead in Your Home (EPA-747-K-99-001) or an equivalent pamphlet that has been approved for use in the state by the Environmental Protection Agency.
Date: ___ day of ____________________,20___

  Tenant: _______________

per: _________________________________

The pamphlet Protect Your Family from Lead in Your Home can be ordered in hard copy or can be printed from the website http://www2.epa.gov/lead/protect-your-family-lead-your-home.

Asbestos Disclosure

Property: ______________________, ______________________, Delaware, ______________________
Landlord: _______________
Tenant: _______________

Landlord’s Disclosure

The Landlord CERTIFIES THAT:

  1. The Landlord has investigated and there is no asbestos in or about the Property.
  2. The Landlord has NO records or reports with respect to asbestos in or about the Property.
Date: ___ day of ____________________,20___

  Landlord: _______________

per: _________________________________

Tenant’s Disclosure

The Tenant ACKNOWLEDGES receipt of the information contained in the above Landlord’s Disclosure including any reports and records.

Date: ___ day of ____________________,20___

Tenant: _______________

per: _________________________________

Delaware Rental Lease Agreements

What are the binding landlord-tenant rental laws in the state of Delaware? If you are looking for property to lease or a dwelling unit to rent, you need to be aware of the Delaware rental lease agreement laws. In this article, we highlight the laws that govern rental and leased property.

  • Official Rules and Regulations

    • The Landlord and Tenants Rules and Regulations are under the Delaware Code Title 25 §§ Ch. 55 – Ch. 59

    • The Attorney General’s Summary of the Delaware Residential Landlord-Tenant Code

Security Deposit

What is the security deposit maximum?

In the rental lease agreement in Delaware, the security deposit maximum equals one month’s if the tenancy is a year-long or longer. There is no limit for the maximum security deposit if you are looking to rent a furnished unit.

Are there security deposit interests?

There is no stature guiding this.

Should the landlord set up a separate security deposit bank account?

Yes. The landlord should also disclose the location of the security deposit account.

Are there any pet deposits?

In some cases, a landlord may require additional pet deposit that equals to one month’s rent or less.

Is there an application fee?

Yes. But, it isn’t more than 10 percent your monthly rent, or $50.

Are there non-refundable fees?

No

What is the deadline for returning the security deposit?

20 days

What are the permitted uses of the security deposit?

The lease contract will highlight these as the permitted uses of the security deposit:

Reimbursement for any actual damages which exceed the normal wear and tear, or the damages that cannot be corrected by ordinary cleaning or painting.

Termination or late fees, and unpaid rent

Reasonable expenses incurred during renovations and rerenting of the premises as a result of premature termination of the rental agreement by the tenant – this doesn’t exceed a month’s rent.

Should there be a written description or an itemized list of charges and damages?

Yes.

Should there be record keeping of the deposit withholdings?

No, there is no statute.

What happens in case of non-compliance?

Failure to disclose the location of the security deposit, or the failure to return the deposit minus the deductions, within 20 days can easily entitle the tenant to double the amount of the deposit or even double the amount withheld wrongfully.

Lease, Fees, and Rent

The case of written agreements:

No rental lease agreement, unless available in writing, shall be effective for more than one year.

What happens in case of month-to-month assumed?

When there are no terms expressly provided, a rental lease agreement in Delaware is deemed and construed to be on a month-to-month basis/ term.

When is rent due?

Rent is due at the time, and the place agreed on by both parties. Unless otherwise agreed, the entire rent shall be payable at the beginning of a term, whether for one month or less, while a month’s rent shall be payable at the beginning of every month in case the lease is for a long term.

How long is the rent increase notice in the state of Delaware?

60 days. But, the tenant has 15 days to notify the landlord if they plan to terminate the lease at the end of the 60 days. Otherwise, the new terms are considered acceptable.

How long is the rent grace period?

Five days, unless the landlord lacks an office in the country where the property is located then the grace period is eight days.

Are there late fees charged?

Yes, but, the late fees shouldn’t exceed 5 percent of the total rent amount due. The late fees are thought of as additional rent.

What are the conditions for receiving cash?

If a landlord accepts cash payments for rent, the landlord should give a receipt for the payment within 15 days. The landlord shall, for three years, keep a detailed record of all the cash receipts for cash.

Are there statutes on prepaid rent?

No

What are the returned check fees?

$40, plus court costs.

Are tenants allowed to withhold rent for failure to provide essential services like heat and water?

Yes. A tenant can withhold 2/3 of the rent payable per day, accruing during any period when the hot water, water, or heat equivalent substitute wasn’t supplied.

Are tenants allowed to recover court and attorney fees?

There are no statutes.

Should the landlord make a reasonable attempt to mitigate any damaged to the lessee, this includes any attempt to rerent?

Yes. However, the tenant would be responsible for all the rent plus expenses until the time the property is re-rented.

Is there any abandonment or early termination fees?

There is no statute for this.

Notices and Entry

How long is the notice to terminate a tenancy in fixed end date leases?

60 days prior to the expiration date.

How long is the notice to terminate a tenancy in month-to-month leases?

60 days

How long is the notice to terminate a tenancy in the week-to-week leases?

There are no statutes.

What causes unconditional and immediate termination of a lease?

The landlord may terminate a lease immediately if a tenant causes or threatens to cause irreparable harm to a person or property.

How long is the notice of date/ time move-out inspection?

There is no statute.

How long is the termination of all other leases because of non-payment?

Five days

How long is a termination of lease violation?

Seven days

What is the required notice before entry?

48 hours

Is entry allowed with notice for non-emergency inspections, maintenance, and repairs?

48 hours

Is entry allowed with notice for showings?

Yes, and in 48 hours. However, a tenant may waive this requirement in writing to make it easier for the prospective tenants and purchases to view the property.

Is emergency entry allowed without notice?

Yes.

Is entry allowed during a tenant’s extended absence?

Yes.

Should there be a notice issued to tenants for pesticide use?

No statute

Are lockouts allowed?

No

Are utility shut-offs allowed?

No.

Is there a penalty for self-help eviction?

The tenant may recover triple the damages sustained or even an amount equal to three times per diem rent for the period of time the tenant was excluded from the unit – whichever is greater and the costs of the suits, excluding the attorney’s fees.

Disclosures and Miscellaneous Notes

This has name and addresses, a copy of the lease, the summary of the tenant-landlord laws, domestic violence situations, landlord’s duties, handling of abandoned personal property, the tenant’s duties, and retaliation.

  • Court-related issues

    • The Delaware Small Claims court – limits: $5,000

    • The court allows eviction cases involving small claims

    • Delaware Small Claims Court – Justice of the peace

    • The statute of limitation covers written contracts, oral contracts and property damage for three years.

    • Delaware Court System

    • Delaware Attorney General

    • Delaware State Bar Association

    • Legal aid is also available.

Business Licenses

Although the local cities may require business licenses, there is no statewide statute requiring business licenses.

If you are okay with these rules, you can contact us for your Delaware rental lease agreement form.

Sample

DE Rental Lease Agreement

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