Delaware Lease Laws
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Landlords and property managers should know Delaware Landlord-Tenant laws to manage their Delaware rental property. This video covers everything you need to know about Delaware lease laws and Delaware Landlord Laws.
A standard, fixed-term Delaware Rental Contract is usually for a one-year (12-month) period. Either party can terminate a month-to-month Lease Agreement with 60 days’ notice.
Landlord-Tenant Laws in Delaware: Lease Requirements
Owner/Agent Identification: Delaware Leases must include the name and address of the property owner and any appointed agents.
Delaware Residential Landlord-Tenant Code: Landlords must provide Tenants with a copy of the Delaware Residential Landlord-Tenant Code at the start of the tenancy.
Bed Bug Disclosure: Before the start of the Tenancy, the Landlord must inspect the rental unit for bed bugs and provide Tenants with a written bed bug disclosure.
Right to Legal Representation: A landlord with more than 3 rental units, who has access to legal representation in the event the tenant defaults on the lease, must provide applicable tenants with a disclosure of their right to legal representation. See the description for more details and a link to this disclosure.
Lead-Based Paint Disclosure & Pamphlet: Landlords of rental units built before 1978 must provide Tenants with a lead-based paint disclosure and pamphlet.
Landlord Laws in Delaware
Delaware Security Deposit Regulations
Landlords may charge up to one month’s rent for the security deposit. Landlords must return the security deposit, along with an itemized list of any deductions, within 20 days of the end of the tenancy.
Delaware Landlord Entry Laws
Delaware Landlords must provide at least 48 hours notice before entering the property for non-emergencies.
Delaware Late Fee Requirements
There is a 5-day grace period for rent in Delaware. If rent is more than 5 days late, the Landlord may charge a late fee of up to 5% of the rent. Late fees must be included in the Lease Agreement.
Renters Insurance in Delaware
Landlords may require Tenants to get renters insurance and can make failure to do so a breach of the Lease Agreement.
Delaware Returned Check Fees
Returned payment fees cannot exceed $40 and should be discussed in the Lease Agreement.
Delaware Increase in Rent Laws
Delaware has no limits on rent increases. However, the Lease should discuss the procedure and notice requirements for increasing rent.
Delaware Tenant-Landlord Laws - Landlords’ Responsibilities
Delaware Landlord Repair Laws & Delaware Rental Laws
Landlords must provide Tenants with a safe and habitable rental unit. They must make necessary repairs within 30 days.
Tenants Rights Laws Delaware
If a Landlord fails to make necessary repairs or to provide essential services, Tenants have specific rights including the right to repair and deduct the expense from rent or withhold rent.
Evictions in Delaware
If a Tenant fails to pay rent or violates the Lease Agreement, the Landlord may start the eviction process. In these situations, Landlords must strictly follow Delaware law and can never resort to “self-help” eviction methods, such as changing locks or shutting off utilities.
Create Your Delaware Lease Agreement
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Disclaimer: This video is solely for education purposes. It is not intended to serve as legal advice. We do not make any warranties about the completeness, accuracy, or reliability of any of this information.