Delaware (DE) lease form
Delaware residential leases are governed by Title 25 of the Delaware Code (Chapters 51-55), which imposes several disclosure and drafting obligations that go beyond what most states require. A key Delaware distinction is that landlords must hand tenants an official Attorney General summary of the Landlord-Tenant Code at the start of every tenancy, and failure to do so can be used by a tenant as a legal defense. Since 2023, most landlords must also provide state-approved right-to-representation informational materials at lease signing, making Delaware one of only a handful of states with a codified tenant counsel notice requirement at the lease stage.
Revun generates a Delaware-ready lease with the required disclosures and clauses built in, then handles e-signature, rent, and renewals on the same platform.
Every written lease must prominently disclose the names and business addresses of all property owners or their resident agents. For oral month-to-month tenancies, the landlord must provide this information in writing upon the tenant's request. Failure to disclose prevents the landlord from asserting certain procedural defenses in court.
Landlords must give each new tenant a copy of the official summary of the Delaware Residential Landlord-Tenant Code, prepared by the Consumer Protection Unit of the Attorney General's Office, at the beginning of the rental term. If omitted, the tenant may plead ignorance of the law as a defense in any proceeding.
Required by federal law (42 U.S.C. SS 4852d) for all dwellings built before January 1, 1978. Landlords must disclose known lead-based paint or lead-based paint hazards, provide the EPA pamphlet 'Protect Your Family From Lead In Your Home,' and include a signed lead warning statement in the lease.
Landlords must disclose to the tenant the name and location of the federally insured banking institution where the security deposit is held. The account must be designated as a security deposit account and funds may not be commingled with the landlord's operating funds.
Before creating a new tenancy, landlords must provide a written or electronic notice disclosing the history of any bedbug infestation in the unit and the building during the previous 12 months. If there is no history, the notice must affirmatively state that fact. Landlords may not rent a unit with a known active infestation.
Most landlords (those owning more than three units or represented by a lawyer or agent) must provide state-approved informational materials explaining tenant rights to free legal representation in eviction proceedings. This notice must be given at lease signing, at the first renewal or modification, and when any eviction-related notice is served. Small landlords owning three or fewer units who represent themselves are exempt.
If the landlord charges tenants separately for utilities on a shared or sub-metered system, the lease must disclose the billing method and establish that charges will not exceed the landlord's actual cost. Tenants have the right to inspect the underlying utility bills. Separate metering is required before separate billing is permitted, with a limited grandfathering exception for systems in place before July 1996.
If the lease includes a late charge, the amount and grace period must be stated in the agreement. By statute, a late fee may not exceed 5 percent of monthly rent and may not be imposed until rent is more than five days past the agreed due date. Landlords without a local county office or permanent payment address must extend the due date by three additional days before assessing any late charge.
General information, not legal advice. Governing statute: Delaware Residential Landlord-Tenant Code, Title 25 of the Delaware Code, Chapters 51-55 (SS 5101-5715). Confirm current requirements or consult an attorney before finalizing a lease.
Delaware lease FAQ
Delaware requires landlords to disclose: the names and addresses of all property owners or resident agents (SS 5105); the name and location of the bank holding the security deposit (SS 5514); bedbug inspection history for the unit and building during the prior 12 months (SS 5317); the late fee policy if one exists (SS 5501); and the right-to-representation informational materials for tenants (effective November 2023, for landlords with more than three units). Landlords must also attach the Attorney General's official Landlord-Tenant Code summary and, for pre-1978 housing, include the federal lead-based paint disclosure.
A lease must be in writing to be enforceable for any term exceeding one year (25 Del. C. SS 5106). Month-to-month and shorter fixed-term tenancies may be oral, but a written lease is strongly recommended because it creates a clear record of the parties' obligations, is required for the landlord to provide the mandatory Attorney General Code summary as an attached exhibit, and substantially reduces disputes over rent, deposits, and maintenance responsibilities.
Delaware voids several types of clauses: waivers of the implied warranty of habitability; confession-of-judgment provisions; landlord liens on tenant personal property; attorney's fees recovery clauses (neither side may shift fees by contract); self-help eviction or lock-out authorization; nonrefundable move-in or occupancy fees; security deposits over one month's rent on year-or-longer unfurnished leases; and clauses requiring tenants to declaw cats. A landlord who includes a prohibited clause risks a tenant remedy of three months' rent plus court costs under SS 5301.
Delaware law caps late fees at 5 percent of the monthly rent and prohibits imposing any late charge until rent is more than five days past the agreed due date (25 Del. C. SS 5501). The cap and grace period must be reflected in the lease itself for the fee to be collectible. If the landlord does not maintain a local payment office in the county where the unit is located, an additional three-day automatic extension applies before any late fee can be assessed.
The Delaware Attorney General's Consumer Protection Unit publishes an official plain-language summary of the Residential Landlord-Tenant Code. Under 25 Del. C. SS 5118, landlords are required to give a copy of this summary to every new tenant at the start of the tenancy. If a landlord fails to provide it, the tenant can raise ignorance of the law as a legal defense in any proceeding arising from the tenancy. Landlords should attach the current version of the summary to the lease and obtain a signed acknowledgment of receipt to document compliance.
