Two ways to rent in Delaware
The same free builder makes both — pick the one that fits and the agreement adapts automatically.
Standard Residential Lease Agreement
A fixed-term lease with set start and end dates (usually one year) — best for a long-term tenant.
Create a fixed-term leaseMonth-to-Month Rental Agreement
A flexible tenancy that renews each month and ends with proper written notice from either party.
Create a month-to-month agreementOverview
Renting out a home in Delaware? A residential lease agreement is the contract that protects both sides — it sets the rent, the term, the deposit, and the rules the landlord and tenant agree to, and it's your proof of what was agreed if a dispute ever comes up. Delaware residential tenancies are governed by the Residential Landlord-Tenant Code in Title 25 of the Delaware Code.
Delawarelease rules & requirements
Security deposit
Under Title 25 Section 5514, a security deposit on a lease of one year or more cannot exceed one month's rent; for month-to-month tenancies and shorter terms there is no statutory cap. The landlord must give the tenant an itemized list of damages and tender any balance within 20 days after the tenancy ends. Failing to do so is treated as an admission that no deductions are owed, and a wrongfully withheld deposit can expose the landlord to double damages.
Late fees
Delaware caps the late fee at 5% of the monthly rent, and it cannot be charged until rent is at least five days late. If the landlord has no rental office in the county where the unit sits, the tenant gets three extra days before a late fee applies. The fee should be stated in the lease.
Landlord entry & notice
Delaware requires the landlord to give the tenant at least 48 hours' notice before entering for inspections, repairs, or showings, and entry must be at reasonable times, except in an emergency. Including the 48-hour notice in the lease keeps expectations clear for both sides.
Required disclosures
Delaware requires the federal lead-based-paint disclosure for homes built before 1978 and, under Title 25 Section 5118, the landlord must give each new tenant a summary of the Residential Landlord-Tenant Code prepared by the Attorney General's Consumer Protection Unit. The landlord must also disclose where the security deposit is held.
Ending the lease
A fixed-term lease ends on its end date. A month-to-month tenancy can be ended by either party with at least 60 days' written notice under Title 25 Section 5106, given before the end of a monthly period.
Does it need notarizing?
No. A Delaware residential lease doesn't need to be notarized or witnessed — it's binding once the landlord and tenant(s) sign. Each party should keep a signed copy.
This is general information, not legal advice. Confirm the current rules under Delaware Residential Landlord-Tenant Code (Title 25).
How to write a Delaware lease agreement
- 1
Choose the lease type — a fixed-term lease (set start and end dates) or a month-to-month tenancy.
- 2
Add the property details and the landlord's and tenant(s)' full legal names and addresses.
- 3
Set the monthly rent, the due date, accepted payment methods, and any late fee (up to 5%, after a 5-day grace).
- 4
Set the security deposit (up to one month's rent on a year-long lease) and when it's returned, plus any pet, parking, smoking, or utility terms.
- 5
Add the required disclosures — lead-based paint for pre-1978 homes and the Landlord-Tenant Code summary — plus any house rules.
- 6
The landlord and every tenant sign and date the lease — and each keeps a copy.
Ready to create your Delaware lease agreement?
Fill the form, watch it build live, and download the PDF — free, no signup.
Open the free builderWhat to include
- Landlord & tenant(s) — names and addresses
- Property, lease type & term
- Rent — amount, due date & payment methods
- Security deposit, late & NSF fees
- Pets, parking, smoking & utilities
- Disclosures & signatures
Delaware lease agreement FAQ
Does a Delaware residential lease need to be notarized?
No. A residential lease in Delaware doesn't have to be notarized or witnessed. It's legally binding once the landlord and tenant(s) sign it.
Is there a limit on the security deposit in Delaware?
Yes, for longer leases. Under Section 5514, a deposit on a lease of one year or more cannot exceed one month's rent. For month-to-month tenancies and shorter terms, there is no statutory cap.
How long does a Delaware landlord have to return the deposit?
20 days after the tenancy ends. The landlord must provide an itemized list of damages and tender any balance; failing to do so is treated as an admission that no deductions are owed, and wrongful withholding can mean double damages.
How much can a late fee be in Delaware?
Up to 5% of the monthly rent, and only after rent is at least five days late. If the landlord has no rental office in the county where the unit is located, the tenant gets three extra days first.
How much notice ends a month-to-month lease in Delaware?
At least 60 days' written notice from either the landlord or the tenant under Title 25 Section 5106, given before the end of a monthly period.
Does the landlord have to give notice before entering in Delaware?
Yes. Delaware requires at least 48 hours' notice before entering for inspections, repairs, or showings, and entry must be at reasonable times, except in an emergency.
What must a Delaware lease disclose?
The federal lead-based-paint disclosure for pre-1978 homes and, under Section 5118, a summary of the Residential Landlord-Tenant Code from the Attorney General's office. The landlord must also disclose where the security deposit is held.
Is this Delaware lease agreement really free?
Yes — completely. Fill it in, preview it live, and download the PDF with no signup, no credit card, and no watermark. Unlike sites that charge a fee or push a subscription to download, there's nothing to pay here.