Residential Lease AgreementDelawareContinue ↓

Delaware Residential Lease Agreement (2026)

A complete, state-specific lease for a house, apartment or condo with every disclosure your state requires.

Updated September 2026≈ 12 minReviewed against 25 Del. C. § 5514 · 25 Del. C. § 5501 · 25 Del. C. § 5509
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Sample first page of the Residential Lease Agreement: title block and opening sections with blanks to fillView larger
What you'll get

Sample first page of the Residential Lease Agreement. Your answers fill in the blanks; the clauses required in Delaware are added automatically.

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Sample first page of the Residential Lease Agreement: title block and opening sections with blanks to fill

Sample first page of the Residential Lease Agreement. Your answers fill in the blanks; the clauses required in Delaware are added automatically.

This preview updates as you type. Blank fields show as ____ .

What this document covers

  • Parties, occupants and joint liability
  • Premises, furnishings and parking
  • Fixed or month-to-month term and holdover
  • Rent, due date, payment methods and late fees
  • Security deposit cap, holding and return deadline
  • Who pays which utilities
  • Maintenance, repairs and landlord entry notice
  • Pets, smoking, subletting and renter's insurance
  • Early termination and move-out
  • State disclosures and federal lead-paint notice

Delaware rules that this document follows

Security deposit limitone month's rent — 1 month's rent for leases of 1 year or more; no cap for month-to-month tenancies or furnished units; pet deposit up to 1 monthSource: 25 Del. C. § 5514(a)
Deposit return deadline20 days after move-outSource: 25 Del. C. § 5514(f)
Interest on depositNot requiredSource: 25 Del. C. § 5514(b) (escrow account required; no interest to tenant)
Late feesMax 5% of monthly rent; landlord must maintain office in county or grace is 8 daysSource: 25 Del. C. § 5501(d)
Landlord entry notice48 hoursSource: 25 Del. C. § 5509(b)
Notice to end month-to-monthLandlord 60 days / Tenant 60 daysSource: 25 Del. C. § 5106(d)
Rent increase rulesNo cap; 60 days' written notice required for rent increaseSource: 25 Del. C. § 5107
Required disclosuresLead-Based Paint Disclosure (pre-1978 housing); Landlord-Tenant Code Summary; Owner and Agent Identification; Bed Bug Disclosure; Right to Representation NoticeSource: Delaware Residential Landlord-Tenant Code, 25 Del. C. Chapters 51–59

Rules current as of 2026-10-27. Statutes change; verify before relying on them.

How to use this Residential Lease Agreement in Delaware

A residential lease in Delaware should identify every adult tenant, describe the premises, state the term, the rent and how it is paid, the security deposit and how it will be returned, who pays which utilities, the rules on pets, smoking and subletting, and the disclosures Delaware law requires. This generator walks you through each of those items in order, checks the deposit and late fee against Delaware's statutory caps, and drafts the clauses for you.

Before you start, gather: the legal names and mailing addresses of the landlord and all tenants, the property address and the number of units in the building, the move-in date, the rent amount and due day, the deposit amount and the bank where it will be held (some states require this), whether the building was built before 1978 (federal lead-paint rule), and the answers to your state's disclosure questions (for example whether the property is in a FEMA flood zone — check msc.fema.gov).

After you preview the document, download the PDF, have every adult tenant and the landlord sign (electronic signatures are valid), give each party a copy together with every attachment listed at the end of the lease, and complete a move-in inspection checklist with photos. Keep the signed lease for at least four years after the tenancy ends.

Frequently asked questions

How much security deposit can a landlord charge in Delaware?

Delaware caps the security deposit at 1 month' rent (25 Del. C. § 5514(a)). The generator warns you if you enter more.

When must the deposit be returned in Delaware?

Within 20 days after the tenant moves out, with an itemized statement of deductions (25 Del. C. § 5514(f)).

Does this lease include the disclosures Delaware requires?

Yes. The Disclosures section asks you the yes/no questions each Delaware statute requires (for example flood zone, sprinklers, mold or bed bugs) and prints the actual statutory statement — in bold or larger type where the law demands it — with its citation, plus the federal lead-paint notice for pre-1978 buildings. Forms that must be separate documents are listed as attachments.

Is this lease legally binding once signed?

A written lease signed by landlord and all adult tenants is an enforceable contract in Delaware. Electronic signatures are valid under the federal ESIGN Act and the state UETA. No notarization is required for a residential lease.

Can I use this for a month-to-month rental?

Yes — choose 'Month-to-month' in the Term step. The tenant's notice period is set to Delaware's statutory minimum, and the landlord's notice period follows 25 Del. C. § 5106(d).

Other names

  • rental agreement
  • residential tenancy agreement
  • apartment lease
  • house rental contract
  • tenancy agreement
  • lease contract
  • rental contract

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FormsByState provides self-help document templates and general information, not legal advice. We are not a law firm. For advice about your situation consult a licensed attorney in your state.