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Free template · Delaware · updated 2026

Delaware Residential Lease Agreement Template

A Delaware-compliant lease with every disclosure the state requires built in, not bolted on — 7 state-specific clauses plus 11 universal ones. Fill it in, e-sign it, and it lives with the tenant record.

Free forever · e-signature included · reviewed against Delaware Code, Title 25, Part III (Residential Landlord-Tenant Code)
One month’s rentSecurity deposit cap25 Del. C. § 5514
20 daysDeposit returnafter move-out
≤5%Late fee rule5% of monthly rent
5 daysNotice for non-payment25 Del. C. §§ 5502, 5513, 5106

What a Delaware lease must include

Delaware requires landlords to hand every new tenant a summary of the Residential Landlord-Tenant Code at signing (25 Del. C. § 5118). Late fees are capped at 5% and cannot be charged until rent is more than five days late, and deposits must be returned within...

These are the clauses and disclosures our Delaware template carries. Each cites the statute it comes from; the ones marked checkbox are filled from your property's answers.

Security deposit limit noticeUnder 25 Del. C. §5514, the security deposit shall not exceed one (1) month's rent for any rental agreement having a ter...25 Del. C. §5514
Security deposit return termsWithin twenty (20) days after termination of the tenancy and delivery of possession by Tenant, Landlord shall return the...25 Del. C. §5514(f)–(h)
Repair & habitability noticePursuant to 25 Del. C. §5305, Landlord shall: (1) comply with all applicable building, housing, and health codes; (2) ma...25 Del. C. §5305 (Landlord duty); §5307 (Ten...
Mold disclosurePursuant to 25 Del. C. §5301(e), Landlord has provided Tenant with the informational pamphlet on indoor mold prepared by...25 Del. C. §5301(e)
Smoking policyDelaware has no statewide statute requiring a smoking-policy disclosure in residential leases. The Premises is governed...No Delaware statewide statute
Summary landlord tenant codeSUMMARY OF THE RESIDENTIAL LANDLORD-TENANT CODE — MANDATORY ATTACHMENTPursuant to 25 Del. C. §5118, Landlord must attach...25 Del. C. §5118
Late fee capUnder 25 Del. C. §5501(d), Landlord may not charge a late fee in excess of five percent (5%) of the monthly rent, and an...25 Del. C. §5501(d)
Universal clauses (11)Lead-based paint (pre-1978), pets, utilities, entry, subletting, holdover, notices, signatures — the parts every state shares.

How it works

1 · Answer eight questionsProperty, unit, tenant, rent, deposit, term, pets, utilities. The Delaware checkboxes come from your property record.
2 · Review the leaseEvery Delaware clause is in place with its statute. Edit any paragraph; required disclosures can't be removed by accident.
3 · E-sign & collect rentTenant signs on their phone. The signed PDF, autopay and the move-in checklist attach to the tenant automatically.

Delaware lease FAQ

Does Delaware cap security deposits?

Yes — the cap is one month’s rent, and it must be returned within 20 days (25 Del. C. § 5514). The template states both in the deposit clause.

What late fee can a Delaware landlord charge?

5% of monthly rent See 25 Del. C. §§ 5501, 5107. The template carries the rule and the grace period you set.

Is a lead-paint disclosure required?

For any building built before 1978, yes — it is federal (42 U.S.C. § 4852d). The template includes the EPA pamphlet acknowledgment automatically.

Is this lease legally binding once e-signed?

Yes. Electronic signatures are valid under the federal E-SIGN Act and Delaware's UETA; the signed PDF, audit trail and timestamps are stored with the tenant record.

Can I edit the template?

Every paragraph is editable before signing. Clauses Delaware requires are marked and cannot be removed by accident.

Generate your Delaware lease in about ten minutes

Free, e-signature included, every Delaware disclosure already in it.

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The clause list mirrors the Delaware disclosure set in the My Rental Spot lease builder and is reviewed against Delaware Code, Title 25, Part III (Residential Landlord-Tenant Code). General information for landlords, not legal advice; local ordinances can add requirements.