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  1. Templates
  2. Apartment Lease Agreements

Delaware Apartment Lease Agreement

A Delaware Apartment Lease Agreement, distinct from a rental application, is a legally binding document between the property owner and the tenant. This agreement outlines the obligations and rights of both parties during the rental period. It covers key aspects such as the rent amount, the lease length, security deposit details, penalties for late payments, and other crucial terms and conditions.

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Delaware Apartment Lease Agreement

Adhere to state laws with our lawful editable Delaware Apartment Lease Agreement template.

Formulating a comprehensive and efficient Delaware Apartment Lease Agreement is crucial as it safeguards the interests of all participants for the duration of the lease. Many property owners initiate the process with standard lease agreements, but the wording and conditions can be discussed and adjusted by all involved parties until the agreement is signed. Once signed, the lease agreement evolves into a binding legal agreement for all parties.

Security Deposit 

In Delaware, the security deposit varies based on the property’s furnishings. 

  • For unfurnished properties, the deposit can’t exceed a month’s rent for leases over a year. 
  • There’s no limit for furnished ones, but it’s typically one to two months’ rent. A pet deposit may also be required.
  • All deposits must be held in a federally-insured Delaware bank, separate from the landlord’s business accounts. 
  • The tenant must know the deposit’s location and have a priority claim over any landlord’s creditors.
  • If the landlord fails to disclose the deposit’s location within 20 days of a written request or doesn’t place it in an escrow account, they forfeit the deposit to the tenant. 
  • If the deposit isn’t returned within 20 days of forfeiture, the tenant is entitled to double the deposit amount.

Entry and Access 

  • General Access: Landlords must give at least 48 hours’ notice before accessing the property.
  • Immediate Access: In an emergency, landlords have the right to enter the property without giving prior notice to the tenants.

Pets Policy 

A Pet Lease Addendum is needed when a tenant plans to bring a pet into a rental property and the landlord’s lease agreement doesn’t cover pet-related terms.

  • No Pets Allowed: If the original lease agreement explicitly forbids pets or doesn’t mention them, the Addendum should be requested to obtain the landlord’s consent.
  • Lease Modification: If you’re an existing tenant whose lease doesn’t permit pets but agreed with your landlord to keep a pet, an Addendum should be used to formalize this Delaware Apartment Lease Agreement.
  • Specifying Pet Terms: Even if your lease allows pets, you might still want to use it to detail pet-related terms.
  • Local Law Compliance: Some regional areas may have particular requirements for pet ownership in rental properties. In these cases, it can help ensure adherence to local rules.

Disclosures 

  • Landlord’s Name and Address
  • Landlord-Tenant Code Summary
  • Lead-Based Paint Disclosure (Applies to units built before 1978 only)

Optional disclosures for a Delaware Apartment Lease Agreement:

  • Mold disclosure
  • Asbestos
  • Bed Bugs 
  • Medical Marijuana Use
  • Smoking
  • Non-refundable or Late/Returned Check Fees
  • Shared Utility Arrangements 
  • Move-in Checklist