Lease Agreements in Delaware

Get an overview of what's included in our Delaware Lease Agreement.

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Written by Tony
Updated over a week ago

TurboTenant’s Delaware lease agreement has been written and reviewed by Delaware lawyers and landlords. It’s been drafted to keep you compliant and covered as you rent out your property.

Click this link to see an example of the Delaware Lease Agreement.

Overview

The Delaware lease agreement is split up into three sections.

  • Section 1 contains information specific to you, your tenants, your rental property, and the details of your lease. This is all information that you add during the lease creation process in TurboTenant.

  • Section 2 contains clauses in accordance with Delaware law. In order to stay compliant with the law, you will not be able to edit any details in Section 2.

  • Section 3 contains general clauses for landlords in the United States. It was drafted with best practices in mind for the landlord, tenant relationship. Like Section 2, you will not be able to edit these details.

While you may not edit all of the specifics directly, remember you can add additional provisions that supersede any existing language in the lease by using the Additional Provisions section. This gives you customization and flexibility should you have unique things you want to ensure are covered in your lease.

Section 1 - Custom to You

Section 1 contains the custom details relevant to you, your tenants, and your rental property— who is on the lease, rent amount, utilities, etc. You’ll add these details during the lease creation process

We’ve set up the lease agreement in a way that is easy for you and your tenants to understand. You’ll see the main details you’ve added to the summary table at the front of the lease agreement. The remaining items—like smoking, utilities, keys, etc.—are outlined in the rest of Section 1 as you can see in this example Delaware Lease Agreement.

Here are a couple of other items in Section 1 worth mentioning:

Additional Provisions: this is where you can add any property specific rules, necessary local clauses, or other specifics you want to include. We recommend that you review any additional provisions with a lawyer.

Lost Key: if your tenants do not return all keys to you when they move out then they are required to pay for the full cost of rekeying the property.

Section 2 - Specific to Delaware

Section 2 includes language that is specific to Delaware. In order to help make sure you stay compliant with local laws, we’ve not allowed you to edit the details here.

There are some clauses in Section 2 that we wanted to call out so you understand how it affects you and your tenants.

Late Fees - Section 2.1

Rent is due in full on the Due Date. If Rent is not received on or before the fifth (5th) day of each month, a late fee of five percent (5%) of the unpaid Rent amount will be charged. All late fees shall be deemed additional rent for the month, and shall be paid and collected as such. Late fees will be assessed from the Due Date until the entire balance of unpaid Rent, accrued late fees, and any other charges are paid in full.

Security Deposit Provisions - Section 2.4

Security deposits requirements may vary quite a bit from state to state. In Delaware:

  • Security deposits may not exceed one 1 month’s rent, unless the lease is month-to-month, and in that event, it may be more than one 1 month’s rent.

  • Pet deposits can be collected, but may not exceed one 1 month’s rent.

  • Security deposit must be held in a separate “Security Deposit” account in an FDIC insured bank.

  • You must disclose the location of the security deposit account to Tenant, we will add it to the lease agreement for you after you add it.

Security deposit returns in Delaware also have some unique rules:

  • Security deposits need to be returned to Tenant within 20 days at the termination or expiration of the Lease.

  • You must provide Tenant with a written accounting of any lawful charges or deductions.

  • Tenant must provide you with Tenant’s forwarding address, in writing.

  • If a forwarding address is not provided, you must retain the security deposit in the account for at least one year.

Absences - Section 2.9

Tenant is required to notify Landlord in writing of any anticipated absence from the Premises in excess of seven (7) days, and shall make arrangements for the Premises to be routinely checked on during absence. Such written notice must be provided no later than the first day of any such absence. Landlord may enter the Premises at any time for any reasonable purpose during Tenant’s absence, with forty-eight (48) hour prior notice.

Fair Housing - Section 2.10

Civil rights laws of the United States and Delaware prohibit housing discrimination on the basis of race, color, religion, national origin, sex, marital status, disability, sexual orientation, gender identity or familial status. There may be additional local ordinances that may include other protected classes. Please research protected classes in your county if there is a concern. All parties to this Agreement shall act according to all applicable fair housing laws.

Smoke/Carbon Monoxide Detectors - Section 2.14

Smoke and carbon monoxide (if applicable) detectors (hereinafter referred to collectively as “Detectors”) have been installed at the Premises. Upon commencement of this Agreement, Landlord and Tenant have verified that the Detectors in the Premises are in good working order. Tenant agrees to keep the Detectors operational at all times and take no measures to render them non-operational or to diminish their effectiveness. If Tenant damages or disables the smoke and/or carbon monoxide detectors or removes a battery without replacing it with a working battery, Tenant may be liable to Landlord under state statute for $100 plus one month’s rent, and actual damages. Tenant agrees to perform the manufacturer’s recommended test on Detectors and to report the failure of any such test, or any other apparent malfunction of the detectors to Landlord immediately upon discovery in writing. Tenant acknowledges that the Detectors may be battery operated and agrees to replace the batteries, at Tenant’s expense, promptly, as needed, for the duration of their stay at the Premises.

Section 3

The clauses in Section 3 are standard to most lease agreements. Along with the rest of the lease agreement, we worked with experienced landlords to make sure you are following best practices in your lease agreement.

Subletting - Section 3.1

Your tenant is not at all allowed to sublease the rental property without your written permission.

Altering or Improving the Property - Section 3.2

Your tenant cannot make any alterations or improvements—like repainting—without your written consent. Unless agreed upon, when they move out, the property must be in the same condition that it was in when they moved in.

Military Personnel Clause/Family Violence/Sex Offenses or Stalking - Section 3.8

The federal Servicemembers Civil Relief Act allows a Tenant to terminate this Agreement, under certain circumstances, if they enlist, are moved, or are drafted or commissioned in the U.S. Armed Forces. Tenants may have additional rights, under state or local laws, to terminate this Agreement early in certain situations involving family violence, certain sexual offenses, harassment, or stalking. All Parties to this Agreement shall act according to any such federal, state, or local law applicable in the jurisdiction where the Premises is located. Any Tenant who is the victim of domestic violence, harassment, sexual assault or stalking can terminate this Lease upon thirty (30) days prior written notice to Landlord.

Choice of Law - Section 3.11

The rental agreement will be governed and construed in accordance to Delaware's own laws. Also there is a requirement to consent to the use of the county courts in which the property is located.

Attorney/Collection Fees - Section 3.17

To the extent allowed under applicable law, should it become necessary for Landlord to employ an attorney to enforce any of the conditions or covenants hereof, or a collection company to recover any financial loss, including the collection of Rent or gaining possession of the Premises, Tenant agrees to pay all related collection expenses so incurred. No attorney’s fees may be assessed by either party.

Indemnification - Section 3.20

To the maximum extent permitted under applicable law, Landlord shall not be liable for any damage or injury of or to the Tenant, Tenant's family, Additional Occupant(s), guests, invitees, agents, or employees, or to any person entering the Premises or the building of which the Premises are a part or to goods or equipment, or in the structure or equipment of the structure of which the Premises are a part.

Missing something you want to make sure is included?

This article only includes an overview of some of the details included in the Delaware Lease Agreement. You can read the whole agreement and double-check for specific details by clicking this link to see an example of the agreement.

We wanted our lease agreement to handle the majority of use cases for landlords in Delaware. However, we do know that some rental situations are unique. If there are other specifics you want to outline in the lease agreement, you can do so in the Additional Provisions section while creating your lease agreement in TurboTenant. We recommend that you review them with a lawyer to ensure you stay compliant with the law.

Disclaimer: Changing some terms in the lease may conflict with state or local laws. If you make large edits, we recommend speaking with an attorney. Please have a look at your specific state lease agreement for more information. TurboTenant is not responsible for edits that are not compliant with state laws. TurboTenant is unable to provide legal advice.

DISCLAIMER: This lease agreement is not warrantied, either expressly or implied, by TurboTenant, Inc. as to their effectiveness or completeness. TurboTenant, Inc. does not provide legal advice. TURBOTENANT, INC. AND ITS SERVICES, DOCUMENTS, RECORDS, AND PRODUCTS ARE NOT A SUBSTITUTE FOR THE ADVICE OF AN ATTORNEY. The user is advised to check all applicable state and federal laws before using this agreement, attachments, disclosures, forms, or parts thereof and to have them reviewed by competent legal counsel prior to use.

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