Delaware (DE) lease form

Delaware Residential Lease Agreement

Quick answer

Delaware does not require a written lease for tenancies under one year, but any written agreement must prominently disclose owner names and addresses and include a copy of the Attorney General's Landlord-Tenant Code summary. Leases must be drafted in good faith and cannot waive tenant statutory rights under Title 25.

Build a compliant Delaware lease in minutes

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.

Get the Delaware lease template Delaware landlord-tenant law

Required disclosures

Owner Identity

Landlord must prominently list names and usual business addresses of all owners on every written rental agreement (Del. Code tit. 25, § 5105).

Landlord-Tenant Code Summary

A summary of the Delaware Residential Landlord-Tenant Code, prepared by the Attorney General's Consumer Protection Unit, must be given to new tenants at lease commencement (§ 5118).

Lead-Based Paint

Federal law requires disclosure of known lead-based paint hazards and distribution of the EPA pamphlet for all pre-1978 housing.

Bed Bug Inspection

Landlord must inspect for bed bugs before move-in and provide a written statement; if found, must include available treatment information (§ 5317).

Right to Counsel

All new and renewing leases must include a disclosure about Delaware's state-funded right-to-counsel program for tenants facing eviction.

Clauses your lease should include

Names and addresses of all property owners or authorized resident agents (§ 5105)
Lease term stated clearly; oral leases cannot exceed one year (§ 5106)
Rent amount, due date, and accepted payment methods
Security deposit terms including the FDIC-insured bank name and location (§ 5514)
Notice period: 60 days written notice required to terminate a month-to-month tenancy
Good faith obligation clause acknowledging mutual performance duties (§ 5104)
Copy of written lease must be provided to tenant free of charge (§ 5105)

Clauses to avoid in Delaware

Attorney's fees provisions favoring only the landlord are unenforceable (§ 5111)
Confession of judgment clauses are void and cannot be included (§ 5121)
Waiver of tenant rights under the Landlord-Tenant Code is prohibited
Discrimination based on race, sex, disability, source of income, or other protected classes (§ 5116)
Oral lease terms exceeding one year without a written agreement (§ 5106)

Drafting tips

Attach the AG's Landlord-Tenant Code summary to every new lease before signing
Conduct and document a written bed bug inspection before every tenancy
Use a separate FDIC-insured account exclusively for security deposits and disclose the bank in writing
State all rent-increase notice periods clearly to avoid dispute under the 60-day termination rule

General information, not legal advice. Governing statute: Delaware Code Title 25, Chapter 51 (Landlord-Tenant Code). Confirm current requirements or consult an attorney before finalizing a lease.

Delaware lease FAQ

Common questions

Is a written lease required in Delaware?

No, but oral leases are limited to one year. Written leases are strongly recommended because they must be given to tenants free of charge and trigger all code-summary disclosure duties.

What disclosures must be attached to every Delaware lease?

The Attorney General's Landlord-Tenant Code summary, a bed bug inspection statement, a right-to-counsel notice, and federal lead-paint disclosure for pre-1978 units.

Can a Delaware landlord charge a large security deposit?

Delaware caps security deposits at one month's rent for most leases and requires funds be held in a separate FDIC-insured account with the bank name disclosed to the tenant.

Are attorney's fees clauses enforceable in Delaware leases?

No. One-sided attorney's fees provisions favoring only the landlord are void under § 5111.

All state lease forms

Delaware Residential Lease Agreement

Quick answer