Delaware Lease Agreement: What to Include
January 10, 2025A Delaware residential lease should reflect the state's specific rules on security deposits, entry notice, late fees, and disclosures — a generic template often misses the details below.
Security deposit
Security deposit limit: 1 month rent for leases 1 year or more; different rules for furnished/month-to-month/pets. Interest requirement: No statewide interest to tenant for ordinary deposits. Deposits are generally expected back within 20 days of move-out, with an itemized list of any deductions.
Entry notice and late fees
Entry notice: 48 hours. Late fees: Up to 5% of monthly rent; generally after 5 days, with a grace period of 5 days. Rent increase notice for month-to-month tenancies: 60 days.
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 of rent, Delaware generally requires: 5 days. Confirm the current specific requirement before relying on it for an actual notice.
The bottom line
See LeasePilot HQ's full Delaware landlord-tenant law summary for the complete breakdown with sources, or generate a lease with Delaware-specific clauses built in automatically.
Frequently Asked Questions
How much can I charge as a security deposit in Delaware?
1 month rent for leases 1 year or more; different rules for furnished/month-to-month/pets. Confirm current specifics before setting a deposit amount.
How much notice do I need to evict a tenant for nonpayment in Delaware?
5 days. Notice requirements can change, so confirm the current statute before filing.
What disclosures does Delaware require in a lease?
At minimum: Federal lead-based paint, summary of landlord-tenant code may be required, owner/agent disclosures. Requirements can be added by local ordinance on top of state law, so check your specific city or county as well.