Delaware Lease Agreement

A Delaware lease agreement is a written contract between a landlord (or property manager) and a tenant that explains all the important rental terms—such as rent amount, due date, lease length, and maintenance responsibilities.

To be legally valid, the lease must follow Delaware Landlord-Tenant Code (Delaware Code, Title 25, Chapter 51). This law protects both landlords and tenants by defining their rights and obligations.

Landlords and property managers in Delaware commonly use a few different types of leases:

• Fixed-Term Lease: Runs for a specific period (for example, 12 months). Rent and terms stay the same until the lease ends.
• Month-to-Month Rental Agreement: Automatically renews every month until either party gives at least 60 days’ written notice to end it (Del. Code Title 25 §5106(d)).
• Sublease Agreement: Allows an existing tenant to rent out the property to another person (a “subtenant”) — but only with the landlord’s written approval.
• Commercial Lease: Used for business properties like offices or storefronts (governed by separate commercial leasing laws).

To make a Delaware lease agreement legally compliant, be sure to include the following details:

• Tenant and Landlord Names: Full legal names of everyone involved.
• Property Address: Full legal address and unit details.
• Lease Term: Start and end dates, along with renewal or termination terms.
• Rent Details: Monthly rent amount, due date, payment methods, and late fee policies.
• Security Deposit Terms: Deposit amount, refund policy, deductions (Del. Code Title 25 §5514(a)-(f)):
• Maximum deposit: up to one month’s rent for leases of one year or longer.
• The bank name and account location where the deposit is held.
• A statement that the deposit will be returned within 20 days after move-out, along with an itemized list of deductions.
• Delaware Required Disclosures:
• Lead-based paint disclosures (for properties built before 1978).
• Landlord or Manager Disclosure: The lease must clearly identify the property owner or management company and provide their contact information (Del. Code Title 25 §5105).
• A summary of the Delaware Landlord-Tenant Code, which must be given to the tenant at lease signing (Del. Code Title 25 §5118).
• Signatures of both parties: Both landlord and tenant must sign and date the lease.

The main difference is the duration, flexibility, and legal obligations under Delaware law:

• Lease Agreement: Usually covers a fixed term (for example, one year). Rent and terms can’t change until the lease ends, unless both sides agree in writing.
• Rental Agreement (Month-to-Month): Typically runs month-to-month and renews automatically. Either party can end it with 60 days’ written notice, and landlords can adjust terms for the next month if they give proper notice (Del. Code Title 25 §5106(d)).

No, under Delaware Landlord-Tenant Code (Delaware Code, Title 25), a landlord cannot increase rent during a fixed-term lease unless the lease specifically allows it.

For month-to-month leases, landlords may raise rent or change other terms, but must give the tenant at least 60 days’ written notice before the next rental period begins (Del. Code Title 25 §5106(c)).

If a tenant ends their lease early in Delaware, they may still be financially responsible for paying rent until the lease term ends or until the landlord finds a new tenant.

Under Delaware Landlord-Tenant Code (Del. Code Title 25 §5307(c)), landlords must make reasonable efforts to re-rent the property to reduce financial loss—this is called “mitigating damages.”

In Delaware, lease renewal and termination depend on the type of lease:

• Fixed-Term Lease:
• Ends automatically on the stated end date unless both parties agree to renew.
• Renewals should always be done in writing, either through a new lease or a signed addendum.
• A tenant or landlord cannot terminate a fixed-term lease early without mutual consent unless there’s a legal reason.
• Month-to-Month Lease:
• Automatically renews each month until someone gives proper notice.
• Either landlord or tenant can end the agreement with 60 days’ written notice before the next rental period begins (Del. Code Title 25 §5106(d)).

Yes, a Delaware lease agreement can be modified after it’s signed, but only if both the landlord and tenant agree to the changes in writing. Any modification must comply with the Delaware Landlord-Tenant Code (Delaware Code, Title 25) and both parties must sign and date a lease amendment or addendum for it to be legally valid.