RESIDENTIAL LEASE AGREEMENT (Delaware)

This Residential Lease Agreement (this "Agreement") is made on [[Agreement Date]] by and between [[Landlord Full Legal Name]] ("Landlord") whose address for notices is [[Landlord Notice Address]] and [[Tenant Full Legal Name(s)]] (jointly and severally, "Tenant"). Landlord and Tenant agree as follows.

1. Definitions and Parties

"Premises" means the residential dwelling unit and any appurtenances, parking, storage, and furnishings identified in Section 2.

"Rent" means all amounts payable by Tenant under this Agreement.

"Lease Term" means the period specified in Section 3.

"Security Deposit" means the amount paid pursuant to Section 6.

Words importing the singular include the plural. This Agreement is governed by the Delaware Residential Landlord-Tenant Code, Title 25, Chapter 55 (25 Del. C. §§ 5501 et seq.).

2. Premises

Landlord leases to Tenant the residential premises located at [[Property Full Address, Including Unit Number if Applicable]] (the "Premises"), together with:

• Assigned parking spaces: [[Number and Description of Parking Spaces]]
• Storage areas: [[Storage Description or Location]]
• Included furnishings and appliances: [[List of Furnishings and Appliances Included]]

Tenant has inspected the Premises and accepts it in its present condition, except as noted in the attached Move-In Inventory and Condition Checklist (Exhibit A). The Premises shall be used and occupied solely as a private residence by Tenant and the authorized occupants listed in Section 8. No other use is permitted without Landlord's prior written consent.

Landlord's name and address for all purposes under this Agreement and Delaware law: [[Landlord Full Legal Name and Full Mailing Address]].

3. Term

The Lease Term is [[Lease Term Description, e.g. 12 months]], commencing on [[Lease Commencement Date]] and terminating on [[Lease Termination Date]], unless sooner terminated or extended as provided herein.

If Landlord is unable to deliver possession on the commencement date, Rent shall abate on a daily basis until possession is delivered. If possession is not delivered within [[Possession Delivery Deadline Days]] days, either party may terminate this Agreement and all prepaid amounts shall be refunded.

Upon expiration, if Tenant remains with Landlord's written consent and no new written agreement is executed, the tenancy shall convert to a month-to-month tenancy on the same terms, subject to termination by either party as provided by 25 Del. C. § 5106 (generally 60 days' notice for month-to-month after the first year in certain cases).

4. Rent

Tenant shall pay monthly Rent in the amount of [[Monthly Rent Amount]], payable in advance on the [[Rent Due Date Day of Month]] day of each month, without demand, deduction, or offset, to Landlord at [[Rent Payment Address or Designated Payment Method and Account Details]] or such other place as Landlord may designate in writing.

The first month's Rent shall be paid upon execution of this Agreement. If the Term commences on a day other than the first of the month, the initial Rent payment shall be prorated on a daily basis for the partial month.

Accepted payment methods: [[Accepted Payment Methods, e.g. personal check, cashier's check, electronic funds transfer, online portal]].

5. Late Charges and Returned Payments

Pursuant to 25 Del. C. § 5501(d), if any Rent payment is not received when due, a late charge not to exceed five percent (5%) of the monthly Rent may be imposed, provided that no late charge shall be imposed within five (5) days after the due date.

A returned payment fee of [[Returned Payment Fee Amount]] applies to any check or electronic payment that is dishonored or returned for any reason.

Acceptance of a late or partial payment does not constitute a waiver of any default or of Landlord's right to pursue remedies, nor does it create a new tenancy after notice has been given.

6. Security Deposit

Upon execution of this Agreement, Tenant shall pay a Security Deposit in the amount of [[Security Deposit Amount]].

Under 25 Del. C. § 5514, no landlord may require a security deposit in excess of one (1) month's rent for a rental agreement of one year or more, or for month-to-month or undefined-term primary residential tenancies after the tenancy has lasted one year or more.

The Security Deposit shall be held by Landlord in a federally insured financial institution with an office in Delaware that accepts deposits. Landlord shall disclose the location of the account to Tenant upon written request within twenty (20) days.

The Security Deposit secures Tenant's faithful performance of all terms of this Agreement. It may be applied to:

• Unpaid Rent
• Repair of damage to the Premises beyond ordinary wear and tear
• Cleaning necessary to return the Premises to the condition at move-in (ordinary wear and tear excepted)

Within twenty (20) days after termination or expiration of this Agreement and Tenant's vacating of the Premises, Landlord shall provide Tenant with an itemized written statement of any damages and the estimated cost to repair each item, together with payment of any balance of the deposit after permitted deductions (25 Del. C. § 5514(f)).

Failure by Landlord to return the deposit or the difference, together with the itemized statement, within twenty (20) days shall entitle Tenant to double the amount wrongfully withheld, provided Tenant supplied a written forwarding address at or before termination (25 Del. C. § 5514(g)).

Tenant may not apply the Security Deposit as the last month's Rent. Interest is not required to be paid on security deposits under Delaware law.

7. Utilities and Services

Tenant shall be responsible for payment of the following utilities and services: [[List of Tenant-Paid Utilities and Services, e.g. electricity, gas, water, sewer, trash, cable, internet]].

Landlord shall be responsible for: [[List of Landlord-Paid Utilities and Services]].

Tenant shall have all Tenant-paid utilities placed in Tenant's name effective on the commencement date and shall maintain continuous service. Landlord is not liable for interruptions in utility service not within Landlord's reasonable control.

8. Occupants and Guests

The Premises shall be occupied only by Tenant and the following authorized occupants: [[List of All Authorized Occupants Including Ages and Relationships]].

No additional occupants are permitted without Landlord's prior written consent. A guest staying more than [[Maximum Guest Stay Without Consent Days]] consecutive days or more than [[Maximum Total Guest Days Per Month]] days in any calendar month without prior written consent may be deemed an unauthorized occupant and a breach of this Agreement.

9. Use of Premises; Quiet Enjoyment

Tenant shall use the Premises only as a private residence. Tenant shall not permit any unlawful activity on or about the Premises. Tenant shall comply with all applicable laws, ordinances, rules, and regulations.

Tenant shall not create a nuisance or interfere with the rights, comfort, or quiet enjoyment of neighbors or other tenants.

10. Pets and Animals

No pets or animals of any kind are permitted on the Premises without Landlord's prior written consent, except for assistance animals required to be permitted under the Fair Housing Act or other applicable law.

Pet policy details if approved: [[Pet Policy Details Including Fees Deposits Breed Weight Limits Number Allowed]].

Tenant is responsible for all damage, odor, noise, or injury caused by any animal.

11. Smoking

Smoking of any kind (including e-cigarettes and cannabis where permitted by law) is: [[Smoking Policy: Prohibited / Permitted Only in Designated Areas / Other]].

Tenant is responsible for all damage and remediation costs caused by smoking.

12. Parking and Vehicles

Only operable, registered, and insured vehicles may be parked in assigned spaces. Inoperable vehicles, vehicles without current registration, or vehicles blocking access, fire lanes, or other tenants' spaces may be towed at the vehicle owner's expense after any notice required by law.

13. Maintenance and Repairs, Landlord's Obligations

Landlord shall maintain the Premises in a habitable condition and in compliance with all applicable building and housing codes. Landlord shall keep in good working order the structural components, roof, exterior, plumbing, electrical, heating, and any appliances provided by Landlord.

Landlord shall make necessary repairs within a reasonable time after receiving written notice from Tenant, except in cases of emergency.

14. Maintenance and Repairs, Tenant's Obligations

Tenant shall:

• Keep the Premises clean, sanitary, and safe
• Properly use and operate all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances
• Dispose of all trash, garbage, and waste in a clean and sanitary manner
• Not deliberately or negligently destroy, deface, damage, impair, or remove any part of the Premises
• Replace HVAC filters, light bulbs, smoke detector and carbon monoxide detector batteries as needed
• Promptly notify Landlord in writing of any defective condition or needed repairs

Tenant shall be responsible for the cost of repairing any damage caused by Tenant's negligence, misuse, or that of Tenant's guests or occupants.

15. Entry by Landlord

Tenant shall not unreasonably withhold consent to Landlord's entry for inspection, repairs, improvements, showing the Premises to prospective tenants or purchasers, or other lawful purposes.

Landlord shall give Tenant at least forty-eight (48) hours' prior written notice of intent to enter and shall enter only between the hours of 8:00 a.m. and 9:00 p.m., except in cases of emergency or when Tenant has requested the entry or has expressly waived the notice requirement in writing for showings (25 Del. C. § 5509).

Landlord shall not abuse the right of access or use it to harass Tenant.

16. Renter's Insurance

Tenant shall maintain renter's insurance with personal liability coverage of at least [[Minimum Renter's Insurance Liability Coverage Amount]] throughout the Term and shall provide proof of coverage to Landlord upon request.

Landlord's insurance does not cover Tenant's personal property or liability. Each party waives rights of subrogation against the other to the extent of applicable insurance proceeds.

17. Assignment and Subletting

Tenant shall not assign this Agreement or sublet the Premises or any part thereof without Landlord's prior written consent.

Per 25 Del. C. § 5508, unless otherwise agreed in writing the tenant may sublet or assign, but the rental agreement may condition subletting on Landlord's consent, which shall not be unreasonably withheld. The burden of proving unreasonableness rests on Landlord.

Any approved sublease shall be subject and subordinate to this Agreement and the master lease if applicable. Tenant remains fully liable for all obligations under this Agreement.

18. Default and Remedies

Tenant shall be in default if Tenant fails to pay Rent when due or violates any other material term of this Agreement and fails to cure within any applicable notice period required by Delaware law.

Upon default, Landlord may serve the notices required by 25 Del. C. §§ 5502, 5513, 5516 (including 5-day notice for nonpayment of rent) and pursue all remedies available under Delaware law, including summary possession, recovery of possession, unpaid Rent, damages, costs, and reasonable attorneys' fees where permitted.

Landlord shall not engage in self-help evictions such as lockouts, utility shutoffs, or removal of Tenant's property except as expressly authorized by law after obtaining a court order.

19. Holdover

If Tenant remains in possession after the expiration or termination of this Agreement without Landlord's written consent, Tenant shall be a holdover tenant and shall pay holdover rent of [[Holdover Rent Amount or Multiple of Regular Rent]] per month (or such higher amount as permitted by law) plus all damages resulting from the holdover, including lost rent and costs of re-renting.

20. Surrender of Premises

Upon termination of this Agreement, Tenant shall:

• Remove all personal property and debris
• Return all keys, access devices, garage openers, and remotes
• Leave the Premises in a clean condition, free of damage beyond ordinary wear and tear
• Provide Landlord with a written forwarding address for the return of the Security Deposit

21. Notices

All notices required or permitted under this Agreement or Delaware law shall be in writing and shall be deemed properly given when:

• Delivered personally
• Sent by certified mail, return receipt requested
• Posted conspicuously on the Premises in the manner required by law

Notices to Tenant may be delivered to the Premises. Notices to Landlord shall be sent to the address in Section 2 or such other address as Landlord designates in writing.

22. Damage or Destruction; Condemnation

If the Premises is rendered uninhabitable by fire or other casualty not caused by Tenant, Rent shall abate proportionally. Either party may terminate this Agreement if repairs cannot reasonably be completed within [[Casualty Repair Period Days]] days.

If the Premises or a material portion is taken by eminent domain, this Agreement shall terminate as to the portion taken and Rent shall be adjusted accordingly.

23. Severability; Entire Agreement; Governing Law

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.

This Agreement, together with all exhibits and addenda, constitutes the entire agreement between the parties and supersedes all prior negotiations and representations. It may be amended only by a written instrument signed by both parties.

This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware. Venue for any action shall lie in the courts of the county in which the Premises is located.

24. Joint and Several Liability; Waiver of Jury Trial

Each Tenant signing this Agreement is jointly and severally liable for all obligations hereunder.

To the extent permitted by applicable law, the parties waive the right to a jury trial in any action or proceeding arising out of or relating to this Agreement.

25. Attorneys' Fees

In any action or proceeding to enforce rights under this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs as permitted by Delaware law and court rules.

26. Servicemembers Civil Relief Act and Domestic Violence Protections

A Tenant who is a servicemember may terminate this Agreement pursuant to the Servicemembers Civil Relief Act (50 U.S.C. §§ 3951 et seq.) upon providing written notice and a copy of qualifying orders.

A Tenant who is a victim of domestic violence, sexual assault, or stalking may have rights to early termination and other protections under 25 Del. C. § 5316 and applicable federal law upon providing required documentation.

27. Required Disclosures

Lead-Based Paint Disclosure. If the Premises was constructed before 1978, Landlord provides the required lead-based paint disclosure and EPA pamphlet as an addendum or separate document (42 U.S.C. § 4852d).

Utility Responsibility. Tenant and Landlord responsibilities for utilities are set forth in Section 7.

Landlord Identity. Landlord's name and address appear in Section 2.

Smoke and Carbon Monoxide Detectors. Landlord represents that required smoke detectors and carbon monoxide detectors (where applicable) are installed and in working order at the commencement of the tenancy. Tenant shall not disable or remove them.

Other Known Hazards: [[Additional Known Hazard Disclosures, e.g. radon, mold, flood zone, asbestos]]

28. Rules and Regulations

Tenant shall comply with Landlord's reasonable written Rules and Regulations attached as Exhibit B, as may be amended from time to time upon reasonable notice.

29. Additional Provisions

[[Insert Any Additional Provisions or Special Terms Specific to This Tenancy]]

30. Exhibits and Attachments

The following Exhibits are attached and incorporated by reference:

• Exhibit A: Move-In / Move-Out Inventory and Condition Checklist
• Exhibit B: Rules and Regulations
• Exhibit C: Lead-Based Paint Disclosure (if pre-1978)
• Exhibit D: [[Additional Exhibits or Addenda]]

31. Signatures

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

LANDLORD

[[Landlord Full Legal Name]]

Signature: _______________________________ Date: _____________

Printed Name / Title: [[Landlord Signatory Printed Name and Title]]

TENANT(S)

Signature: ________________________________ Date: [[Tenant 1 Signature Date]]

Printed Name: [[Tenant 1 Full Legal Name]]

Signature: ________________________________ Date: [[Tenant 2 Signature Date]]

Printed Name: [[Tenant 2 Full Legal Name]]

GUARANTOR (if applicable)

[[Guarantor Full Legal Name]] personally guarantees Tenant's full and timely performance of all obligations under this Agreement.

Signature: _______________________________ Date: _____________, -

*Delaware Residential Lease Agreement template. Governed by the Delaware Residential Landlord-Tenant Code, Title 25, Chapter 55 (25 Del. C. §§ 5501 et seq.). Security deposit capped at one month's rent after first year per § 5514; must be returned within 20 days with itemized statement or double damages may apply. Late fees capped at 5% and not chargeable within 5 days (§ 5501). Entry requires 48 hours' notice (§ 5509). Subletting consent not to be unreasonably withheld (§ 5508). Required disclosures include lead-based paint for pre-1978 units. This is a sample template, not legal advice. Verify against current Delaware statutes, any applicable local ordinances, and consult qualified Delaware counsel before use. Statutory references current as of 2026-06.*

Primary Sources:

• Delaware Code Online, Title 25, Chapter 55: https://delcode.delaware.gov/title25/c055/index.html
• 25 Del. C. §§ 5501, 5508, 5509, 5514, 5516, 5316
• 42 U.S.C. § 4852d (Residential Lead-Based Paint Hazard Reduction Act)
• 50 U.S.C. §§ 3951 et seq. (Servicemembers Civil Relief Act)