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Jeffrey Johnson started his editorial career nearly 20 years ago as an editor and researcher for McGraw Hill and Pearson. After earning an MFA from Chapman University and his J.D. from the University of Baltimore School of Law, he combined his editorial and writing experience with his legal education. He served as the Managing Legal Editor for the websites Free Advice and Law Firm, and has been featured as a legal expert on The Manifest and Vice.
Jeffrey Johnson started his editorial career nearly 20 years ago as an editor and researcher for McGraw Hill and Pearson. After earning an MFA from Chapman University and his J.D. from the University of Baltimore School of Law, he combined his editorial and writing experience with his legal education. He served as the Managing Legal Editor for the websites Free Advice and Law Firm, and has been featured as a legal expert on The Manifest and Vice.
Adam Ramirez has been writing and editing about the law and legal issues for more than 20 years. After earning a law degree from the University of Arizona, he clerked for two years for a U.S. District Court judge. He researched and wrote legal precedent in published opinions on behalf of the Court. He previously was an editor, columnist and journalist at the Miami Herald, The Dallas Morning News, The Oregonian, Golf Digest, FindLaw.com and other media outlets.
Adam Ramirez has been writing and editing about the law and legal issues for more than 20 years. After earning a law degree from the University of Arizona, he clerked for two years for a U.S. District Court judge. He researched and wrote legal precedent in published opinions on behalf of the Court. He previously was an editor, columnist and journalist at the Miami Herald, The Dallas Morning News, The Oregonian, Golf Digest, FindLaw.com and other media outlets.
Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors’ opinions or evaluations.
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A lease agreement is the document created when a landlord enters into a contract with a tenant to rent property.
This article will break down all the requirements and tell you what you need to know to create a binding rental contract in Delaware. One of the best ways to ensure you understand how a document works is by looking at a template. You can enter your email address below to get a free Delaware lease template in your inbox.
Basing your lease on this document can help you ensure you create a legally binding document.
What Is a Lease Agreement?
A lease agreement is a legally binding contract between a landlord, who owns a property, and a tenant, who intends to occupy the property for a specified period. This agreement outlines the terms and conditions governing the rental arrangement. It typically includes details such as rent amount, payment schedule, security deposit, lease duration, rules for property use, maintenance responsibilities and procedures for dispute resolution.
It serves as a comprehensive document that safeguards the interests of both the landlord and tenant. It establishes a framework for the rental relationship, ensuring clear communication and minimizing potential conflicts. A rental contract helps create a legally sound arrangement by clearly outlining expectations and obligations.
When Is a Lease Agreement Used in Delaware?
Generally, a lease agreement is used whenever a property owner agrees to let someone else use their property for a period of time. In Delaware, a rental agreement should always be in writing. While the law may not require it, a written contract can prove invaluable if there is a disagreement between landlord and tenant.
Who Typically Creates a Lease Agreement?
The creation of the document is usually left to the landlord, and you may find that a landlord is unwilling to use a lease created by a tenant. This is especially true of residential leases. Prospective tenants always have the right to negotiate terms with a landlord, however, this practice is more common when negotiating a commercial lease.
Regardless of who creates a lease, it can benefit both parties to document all the terms agreed to at the beginning of the landlord-tenant relationship.
What Parties Are Involved in a Lease Agreement?
The parties to a rental contract are:
- The landlord who owns the property
- The tenant who occupies the property
The landlord and tenant can be single individuals, groups of people or companies.
Sometimes, a landlord may require a tenant to find a cosigner, who becomes a third party to the contract. A cosigner—also called a guarantor—is responsible for fulfilling the tenant’s obligations under the lease if the tenant fails to do so.
What Should Be Included in a Delaware Lease Agreement?
Under Delaware law, a lease agreement has to include:
- A clear demonstration that the landlord and tenant intend to create a landlord-tenant relationship
- Identification of all parties
- A description of the property
- The amount and term of the rent.
The description of the property can be as simple as the address.
In addition to what’s required to form a written lease in Delaware, it’s a good idea to include many other elements.
The landlord should, for example, be sure to include things like how the rent should be paid, what the penalty is for late or missed payments and any other tenant responsibilities.
The tenant, on the other hand, would want to know:
- How much notice they need to provide if they want to renew at the end of the lease,
- When the landlord might ask for access to the property or
- How to reach the landlord or their agent when something breaks.
Frequently Asked Questions (FAQs)
How much can a landlord increase the rent in Delaware?
There are no caps on how much a landlord can increase the rent in most states. In Delaware, there are no rent controls.
What rights does a tenant have in Delaware?
A lease in Delaware is a contract between the tenant and landlord. Like any contract, both parties can negotiate the terms—at least in theory. In practice, landlords may be unwilling to alter their residential lease.
It doesn’t hurt to ask, however. It’s also important to know that a lease can’t contain terms that are illegal.
Does a lease need to be notarized in Delaware?
A Delaware lease does not need to be notarized to be valid and enforceable. In fact, notarizing a lease is extremely rare—increasingly so as more and more residential leases are e-signed.
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