RESIDENTIAL LEASE AGREEMENT - STATE OF DELAWARE
This Residential Lease Agreement ("Lease") is entered into as of [[Lease Date]] between:
LANDLORD: [[Landlord Full Legal Name or Company Name]] ("Landlord")
Landlord's Address for Notices: [[Landlord Street Address, City, Delaware, ZIP Code]]
Phone: [[Phone]] | Email: [[Email]]
Property Manager (if any): [[Property Manager Name, Company, Phone, Email]]
TENANT(S): [[Tenant 1 Full Legal Name]] AND [[Tenant 2 Full Legal Name, or "N/A"]] (jointly and severally, "Tenant")
1. Premises
Landlord rents to Tenant the residential dwelling at:
[[Full Property Address, Unit No. (if any), City, Delaware, ZIP Code]] (the "Premises")
Including:
- Parking: [[Assigned space(s) or "None"]]
- Storage: [[Storage area or "None"]]
- Appliances included: [[List appliances or "As noted in Move-In Condition Report"]]
- Furnishings: [[Furnished / Unfurnished / Partially furnished as listed in Exhibit B]]
The Premises shall be used exclusively as a private residential dwelling for the Tenant(s) named above and approved occupants listed in Section 11. No business activity is permitted without Landlord's prior written consent.
2. Lease Term
[ ] Fixed-Term Lease:
Lease begins: [[Start Date]]
Lease ends: [[End Date]]
At the end of the fixed term, the tenancy shall:
- [ ] Convert to a month-to-month tenancy on the same terms; OR
- [ ] Terminate, and Tenant must vacate on or before the end date.
[ ] Month-to-Month Tenancy:
Commencing [[Start Date]], this tenancy continues on a month-to-month basis until terminated by either party upon 60 days' written notice (25 Del. C. § 5106).
3. Rent
3.1 Monthly Rent. Tenant agrees to pay monthly rent of $[[Monthly Rent Amount]], due on the [[1st / other]] day of each month.
3.2 Payment Method. Rent shall be paid by [[check / ACH / online portal / money order]] payable to [[Landlord Name]] and delivered to [[Payment Address or Portal URL]].
3.3 Proration. If the Lease commences on a day other than the first of the month, the first month's rent is prorated at $[[Prorated Amount]] for the period [[Start Date]] through [[End of Month]].
3.4 Late Fee - 5-Day Grace Period. Under 25 Del. C. § 5501, Landlord may impose a late fee if rent is not paid within five (5) days after the due date. Late fee: $[[Late Fee Amount, e.g., 5% of monthly rent]] per month. No late fee shall exceed statutory limits.
3.5 Returned Check Fee. Tenant shall pay $[[Amount, e.g., $35]] for each returned or dishonored payment, plus any late fee if applicable.
3.6 Rent Increases. During a fixed-term lease, rent shall not increase unless mutually agreed in writing. For month-to-month tenancies, Landlord shall provide 60 days' written notice of any rent increase.
4. Security Deposit
4.1 Amount. Tenant shall pay a security deposit of $[[Security Deposit Amount]] at lease signing.
4.2 Delaware Statutory Cap. Under 25 Del. C. § 5514:
- First year of tenancy: Security deposit shall not exceed one month's rent ($[[Monthly Rent Amount]]).
- After first year: If tenancy continues, Landlord may request an additional deposit, but the total security deposit shall not exceed two months' rent ($[[2x Monthly Rent]]).
4.3 Holding. Landlord shall hold the security deposit in a segregated bank account. Delaware law does not require Landlord to pay interest on the security deposit unless the Landlord's account pays interest.
4.4 Return - 20-Day Deadline. Within 20 days after Tenant vacates and returns keys, Landlord shall either (a) return the full security deposit, or (b) provide an itemized written statement of deductions with any remaining balance, sent to Tenant's last known forwarding address (25 Del. C. § 5514(e)).
4.5 Permitted Deductions. Landlord may deduct from the security deposit:
- Unpaid rent;
- Cost to repair damage beyond normal wear and tear;
- Cleaning costs if Tenant fails to leave Premises in the condition received;
- Other amounts specifically authorized by this Lease.
4.6 Improper Retention. If Landlord wrongfully retains all or part of the security deposit, Tenant may recover the withheld amount PLUS damages of $[[double the wrongfully withheld amount - verify with Delaware statute § 5514(f)]], court costs, and reasonable attorneys' fees.
5. Utilities and Services
The following utilities/services are the responsibility of the party indicated:
| Utility / Service | Responsible Party | Provider / Account |
|---|---|---|
| Electricity | [[Landlord / Tenant]] | [[Provider]] |
| Gas / Heating Fuel | [[Landlord / Tenant]] | [[Provider]] |
| Water / Sewer | [[Landlord / Tenant]] | [[Provider]] |
| Trash Collection | [[Landlord / Tenant]] | [[Provider]] |
| Internet / Cable | [[Tenant]] | Tenant's choice |
| Lawn Care / Snow Removal | [[Landlord / Tenant / Shared]] | [[Details]] |
Tenant shall place all utilities in Tenant's name within [[5]] days of the Lease commencement date.
6. Landlord's Obligations - Habitability
6.1 Warranty of Habitability. Landlord warrants that the Premises shall be maintained in a fit and habitable condition throughout the tenancy, including:
- Safe structural components (roof, floors, walls, plumbing, electrical, HVAC);
- Hot and cold running water, adequate heat;
- Functioning smoke detectors (Delaware law requires working smoke alarms - 16 Del. C. § 6604); and
- Freedom from conditions posing health or safety risks (25 Del. C. § 5303).
6.2 Landlord Repairs. Landlord shall make repairs necessary to maintain habitability within a reasonable time after receiving written notice from Tenant. For emergency conditions posing immediate risk to health or safety, Landlord shall respond within [[24 / 48]] hours.
6.3 Repair and Deduct. If Landlord fails to make necessary repairs within 15 days of written notice (or such time as is reasonable under the circumstances), Tenant may, under 25 Del. C. § 5307, cause repairs to be made by a licensed contractor and deduct costs from rent not to exceed $[[one month's rent]]**, after following the statutory procedures.
7. Tenant's Obligations
7.1 Tenant's Duties. Tenant shall (25 Del. C. § 5304):
- (a) Keep the Premises clean, safe, and in sanitary condition;
- (b) Dispose of garbage and waste in a lawful manner;
- (c) Not destroy, damage, or remove any part of the Premises;
- (d) Comply with applicable building and housing codes;
- (e) Not disturb neighbors' peaceful enjoyment;
- (f) Notify Landlord promptly of any needed repairs or hazardous conditions.
7.2 Alterations. Tenant shall make no alterations, additions, or improvements to the Premises without prior written consent of Landlord. Approved alterations become part of the Premises unless Landlord requires removal and restoration upon move-out.
8. Landlord's Right of Entry
8.1 Notice Required. Landlord (or authorized agent) shall provide at least 48 hours advance written or oral notice before entering the Premises for non-emergency purposes (25 Del. C. § 5509). Entry shall be at reasonable times.
8.2 Emergency Entry. Landlord may enter without notice in an emergency involving imminent danger to life or property.
8.3 Abandonment. Landlord may enter without notice if Tenant has abandoned the Premises.
8.4 Tenant's Remedy for Unlawful Entry. If Landlord makes unauthorized entry or repeatedly demands entry at unreasonable times, Tenant may seek injunctive relief and/or terminate the Lease with proper notice under 25 Del. C. § 5509.
9. Pets
[ ] No Pets Allowed. Tenant shall keep no pets, animals, or livestock on the Premises without prior written consent, which may be withheld at Landlord's sole discretion.
[ ] Pets Permitted. Tenant may keep the following approved pet(s) only:
| Pet Type | Breed | Weight | Name |
|---|---|---|---|
| [[e.g., Dog]] | [[Breed]] | [[Max lbs.]] | [[Name]] |
Pet Deposit / Fee: Additional refundable pet deposit of $[[Amount]] and/or non-refundable pet fee of $[[Amount]] is due at lease signing.
Note: Service animals and emotional support animals (ESA) are governed by the Fair Housing Act (42 U.S.C. § 3604) and must be reasonably accommodated; no pet deposit may be charged for qualified service animals.
10. Smoking and Controlled Substances
10.1 Smoking. Smoking of tobacco, cannabis, or any substance is prohibited in the Premises and within [[25]] feet of any entrance, HVAC intake, or operable window. [[Or: "Smoking permitted only in the following designated areas: [[specify]]"]]
10.2 Cannabis. Although Delaware has legalized adult recreational cannabis (effective April 23, 2023, under House Bill 1 and S.B. 8), Landlord may prohibit cannabis use and/or cultivation on the Premises under Delaware law. [ ] Cannabis is prohibited on the Premises (smoking, vaping, and cultivation). [ ] Cannabis use permitted in the following manner only: [[specify]].
11. Occupancy Limits and Guests
11.1 Authorized Occupants. Only the following persons may reside at the Premises:
- [[Tenant 1 Full Name]]
- [[Tenant 2 Full Name]]
- [[Child / Other occupant name(s)]]
11.2 Guest Policy. Guests may stay at the Premises for no more than [[14 consecutive days / 30 days in any 12-month period]] without Landlord's prior written consent.
11.3 Unauthorized Occupants. Unauthorized occupants constitute a material breach of this Lease.
12. Default and Remedies
12.1 Tenant Default. Tenant is in default if Tenant:
- (a) Fails to pay rent when due and does not cure within 5 days of Landlord's written notice (5-day Notice to Quit - 25 Del. C. § 5502);
- (b) Materially breaches any lease term and fails to cure within 7 days of written notice (25 Del. C. § 5513);
- (c) Commits a serious violation (drug activity, criminal conduct, substantial property damage) subject to immediate 5-day notice under 25 Del. C. § 5516.
12.2 Landlord Remedies. Upon Tenant's uncured default, Landlord may:
- (a) File for Summary Possession in the Court of Common Pleas (10 Del. C. § 9701 et seq.);
- (b) Recover unpaid rent, late fees, and damages;
- (c) Apply the security deposit to unpaid obligations; and
- (d) Pursue any other remedy available at law or equity.
12.3 Landlord Default. If Landlord fails to maintain habitability after written notice and reasonable time to cure, Tenant may:
- (a) Terminate the Lease after 15 days' written notice (25 Del. C. § 5308);
- (b) Seek rent abatement proportional to the diminution in value of the Premises; or
- (c) Pursue repair-and-deduct under 25 Del. C. § 5307.
13. Holdover Tenancy
If Tenant remains in possession after the expiration of the Lease term without Landlord's written consent, Tenant shall be deemed a tenant at sufferance. Landlord may accept rent payments without creating a month-to-month tenancy and shall have all available remedies, including Summary Possession.
14. Required Disclosures
14.1 Lead-Based Paint Disclosure. (Required by 42 U.S.C. § 4852d and 24 C.F.R. Part 35 for housing built before 1978)
The Premises was constructed in: [[Year Built]]
[ ] Pre-1978 Housing: (Check applicable boxes)
- [ ] Landlord has no knowledge of lead-based paint or lead-based paint hazards in the Premises.
- [ ] Landlord has knowledge of lead-based paint or hazards: [[Describe]].
- [ ] Landlord has provided Tenant with available records or reports: [[Describe or "attached"]].
- [ ] Landlord has no records or reports pertaining to lead-based paint.
- [ ] Tenant has received the EPA pamphlet "Protect Your Family From Lead in Your Home."
- [ ] Tenant has waived the 10-day inspection period. (or) Tenant has had 10 days to conduct a lead inspection.
[ ] Post-1977 Housing: No lead-paint disclosure required.
14.2 Radon Disclosure. Delaware requires disclosure of known radon test results and hazards. Landlord discloses: [[No known radon hazard / Radon test results attached - last tested: Date, Level: ___ pCi/L]].
14.3 Mold Disclosure. Landlord discloses: [[No known mold / Mold condition and remediation history: describe]].
14.4 Bedbug Disclosure. Landlord represents that to Landlord's knowledge, the Premises has [[no known bedbug infestation / had a bedbug infestation treated on [date], and Tenant is provided the treatment records]].
14.5 Registered Sex Offender Notice. Tenants may access the Delaware Sex Offender Registry at dsp.delaware.gov to determine whether registered sex offenders reside near the Premises.
14.6 Military/SCRA Disclosure. Tenant(s) in active military service may have rights under the Servicemembers Civil Relief Act (SCRA), 50 U.S.C. §§ 3901-4043, including the right to terminate this Lease upon 30 days' written notice and a copy of military orders.
15. Domestic Violence Protections
Under 25 Del. C. § 5316, a Tenant who is a victim of domestic violence, sexual assault, or stalking may terminate this Lease early upon providing 30 days' written notice and appropriate documentation (police report, court order, or certification from a qualified third party). The early termination fee, if any, shall not apply to qualifying domestic violence victims.
16. Move-In / Move-Out Condition
16.1 Move-In Report. At lease commencement, Landlord and Tenant shall jointly complete a Move-In Condition Report (Exhibit A) documenting the condition of all rooms, appliances, and fixtures. Both parties shall sign the report.
16.2 Move-Out Inspection. Tenant shall provide [[3]] days' advance notice to request a joint move-out inspection. Landlord shall conduct the inspection and provide Tenant a written list of claimed deductions within [[10]] days of move-out.
16.3 Return of Premises. Upon termination, Tenant shall return the Premises in the same condition as received (normal wear and tear excepted), remove all personal property, and return all keys, access cards, and garage openers.
17. Insurance
17.1 Renter's Insurance. Tenant is [ ] required / [ ] encouraged to carry renter's insurance covering personal property and personal liability, in amounts of at least $[[Coverage Amount, e.g., $100,000 liability]].
17.2 Landlord's Insurance. Landlord carries property insurance on the Premises but not on Tenant's personal property. Tenant's personal property is NOT covered by Landlord's insurance.
17.3 Waiver of Subrogation. To the extent permitted by their respective insurers, Landlord and Tenant mutually waive their rights of subrogation against each other.
18. Joint and Several Liability
If there is more than one Tenant, all Tenants are jointly and severally liable for all obligations under this Lease, including rent, fees, and damages. Landlord may pursue any one or all Tenants for the full amount owed.
19. Entire Agreement and Modification
This Lease constitutes the entire agreement between the parties regarding the Premises. No oral representations or prior agreements are binding. This Lease may be modified only by a written addendum signed by both Landlord and Tenant.
20. Governing Law and Venue
This Lease is governed by the laws of the State of Delaware, including the Delaware Residential Landlord-Tenant Code (25 Del. C. §§ 5101-5717). Any disputes shall be resolved in the Courts of the State of Delaware, [[County Name]] County.
21. Additional Terms and Addenda
- [ ] Exhibit A: Move-In Condition Report
- [ ] Exhibit B: Furnishings List (if furnished)
- [ ] Exhibit C: Pet Addendum
- [ ] Exhibit D: Additional Rules and Regulations
Additional agreed terms: [[List or "None"]]
Signatures
LANDLORD:
Signature: ______________________________
Printed Name: [[Landlord Full Legal Name or Authorized Agent]]
Title: [[Owner / Property Manager]]
Date: ______________________________
TENANT 1:
Signature: ______________________________
Printed Name: [[Tenant 1 Full Legal Name]]
Date: ______________________________
TENANT 2 (if applicable):
Signature: ______________________________
Printed Name: [[Tenant 2 Full Legal Name]]
Date: ______________________________
> DISCLAIMER: This document is a template for informational purposes only and does not constitute legal advice. Delaware landlord-tenant law (25 Del. C. §§ 5101-5717) governs this Lease; verify all statutory references for currency. Deposit caps, notice periods, and other requirements may change. Consult a Delaware-licensed attorney for specific legal advice. No attorney-client relationship is created by use of this template.
Sources (as of June 2026):
- 25 Del. C. §§ 5101-5717 (Delaware Residential Landlord-Tenant Code)
- 25 Del. C. § 5106 (termination notice - 60 days for month-to-month)
- 25 Del. C. § 5303 (habitability)
- 25 Del. C. § 5304 (tenant duties)
- 25 Del. C. § 5307 (repair and deduct)
- 25 Del. C. § 5308 (tenant's right to terminate)
- 25 Del. C. § 5309 (landlord's remedies)
- 25 Del. C. § 5316 (domestic violence protection)
- 25 Del. C. § 5501 (rent - 5-day grace period)
- 25 Del. C. § 5502 (5-day notice to quit for non-payment)
- 25 Del. C. § 5509 (landlord right of entry - 48-hour notice)
- 25 Del. C. § 5513 (7-day notice to cure - material breach)
- 25 Del. C. § 5514 (security deposit - 1-month cap first year; 2-month cap after; 20-day return)
- 25 Del. C. § 5516 (immediate termination - serious violations)
- 42 U.S.C. § 4852d; 24 C.F.R. Part 35 (lead-paint disclosure - pre-1978)
- 50 U.S.C. §§ 3901-4043 (SCRA)
- Delaware cannabis laws: H.B. 1 and S.B. 8 (eff. April 23, 2023)
- 16 Del. C. § 6604 (smoke detector requirements)
