Delaware Lease Agreement: What to Include

A Delaware residential lease needs to reflect this state's actual rules on security deposits, entry notice, late fees, and required disclosures — not a generic template written for a different state. The figures below come from Delaware's residential landlord-tenant statute; where the state sets no fixed number, that's stated plainly rather than glossed over, since "the state doesn't specify" is itself something you need to know.

Security deposit

Security deposit limit: 1 month rent for leases 1 year or more; different rules for furnished/month-to-month/pets. Delaware does not require interest on held deposits. Return deadline after move-out: 20 Days.

Entry notice, late fees, and rent increases

Entry notice: 48 Hours. Late fees: Up to 5% of monthly rent; generally after 5 days, with a grace period of 5. Rent increase notice for month-to-month tenancies: 60 days. (Entry notice citation: 25 Del. C. § 5509 (48 hours).)

Required disclosures

A Delaware lease should include or accompany:

• • Federal lead-based paint
• • summary of landlord-tenant code may be required
• • owner/agent disclosures

Eviction notice for nonpayment

For nonpayment of rent, Delaware's standard notice period is 5 days. This is the minimum notice before you can move to the next step in the eviction process — actual court timelines run longer once a case is filed. (Eviction notice citation: 25 Del. C. § 5502 (5 days).)

What actually distinguishes Delaware

Delaware caps the security deposit at: 1 month rent for leases 1 year or more; different rules for furnished/month-to-month/pets.

Delaware requires 48 hours notice before a landlord enters an occupied unit for routine, non-emergency purposes.

Rent increase notice for month-to-month tenancies in Delaware is 60 days — different from the 30-day default most other states use, so don't assume the general rule applies here.

Sources and the bottom line

The figures above reflect Delaware's residential landlord-tenant statute as summarized on LeasePilot HQ's Delaware landlord-tenant law page, which lists the specific sources behind each number. Security deposit rules specifically are codified at 25 Del. C. § 5514, with the return deadline set by 25 Del. C. § 5514 (20 days). Primary and cross-reference sources used in compiling this page:

• • https://ipropertymanagement.com/laws/security-deposits
• • https://www.justia.com/real-estate/landlord-tenant/information-for-landlords/right-of-entry/
• • https://www.nolo.com/legal-encyclopedia/state-landlord-tenant-laws

State landlord-tenant law changes through legislative sessions and court decisions — treat the numbers above as a starting point, verify against Delaware's current statute (linked above) before relying on them for an actual lease, and see LeasePilot HQ's full Delaware landlord-tenant law summary for the complete breakdown, or generate a lease with Delaware-specific clauses built in automatically.