Delaware Month-to-Month Rental Agreement

DELAWARE MONTH-TO-MONTH RENTAL AGREEMENT

Before you use this: Complete the property and disclosure blanks. Federal housing assistance and property-specific rules may affect termination and other terms.

This Agreement is made on [__/__/____] between Landlord [LEGAL NAME] and Tenant(s) [LEGAL NAMES]. Landlord rents to Tenant the dwelling at [STREET, UNIT, CITY, COUNTY, DE ZIP], including [PARKING/STORAGE/OTHER AREAS].

1. Monthly tenancy and rent

The tenancy begins [__/__/____] and continues month to month until terminated under Section 7. Monthly rent is $[____], due on the [____] day of each month at [PAYMENT ADDRESS OR METHOD]. Landlord's permanent place for timely payment in the county of the dwelling is [ADDRESS]. If Landlord does not maintain such a place, the agreed payment time extends three days under 25 Del. C. § 5501(d).

The parties allocate utilities as follows: Landlord pays [____]; Tenant pays [____]. Other recurring charges, if any, are [DESCRIPTION AND AMOUNT / NONE].

If rent remains unpaid more than five days after the agreed payment time, Tenant owes a late charge of $[____], never more than 5% of monthly rent. The statutory three-day payment extension above applies when required.

2. Security deposit

Tenant pays a refundable security deposit of $[____]. The parties select an amount no greater than one month's rent for this Agreement. Delaware's statutory one-month cap for an unfurnished month-to-month primary residence applies after the tenancy has lasted one year; after that year, Landlord will immediately credit any excess to Tenant. The statutory cap does not apply to furnished units, and federally assisted housing may have different limits. Furnished unit? ☐ Yes ☐ No. Federally assisted housing? ☐ Yes ☐ No.

Landlord will hold the deposit in a designated security-deposit escrow account at a federally insured bank with an office accepting deposits in Delaware. Bank and account location: [BANK NAME AND LOCATION]. The deposit may be applied only as permitted by 25 Del. C. § 5514(c), including unpaid rent and actual damage beyond normal wear and tear. At the end of the tenancy, Landlord will remit the amount owed and provide an itemized damage and estimated repair-cost list within 20 days as required by § 5514(e)-(f), subject to § 5514(h) when Tenant has provided no address for deposit communications. Tenant's written forwarding address for deposit notices is [ADDRESS / TO BE PROVIDED IN WRITING].

3. Use, condition, and care

The dwelling is for residential use by Tenant and these other occupants: [NAMES]. Pets: [TERMS / NONE]. No nonrefundable fee is charged as a condition of occupancy. Tenant will keep the dwelling reasonably clean, report defects promptly, and avoid damage beyond ordinary wear. Landlord will maintain the dwelling as required by applicable law. Any move-in condition record signed by both parties is attached as Exhibit A.

4. Landlord entry

Tenant will not unreasonably withhold consent for a lawful inspection, repair, agreed service, or showing. Except for a tenant-requested repair or emergency, Landlord will give at least 48 hours' notice and enter between 8:00 a.m. and 9:00 p.m. In an emergency, Landlord may enter at any time. No general waiver of the 48-hour notice is made here.

5. Disclosures and delivered materials

Owner or resident agent names and usual business addresses: [NAMES AND ADDRESSES]. Person acting as landlord and usual business address, if different: [NAME AND ADDRESS / SAME]. Landlord will give Tenant a free copy of this signed Agreement.

Before renting, Landlord or the property manager visually inspected the unit for evidence of bed bugs on [__/__/____]. Adjacent unit currently infested or being treated? ☐ Yes, described here: [____] ☐ No. Landlord has given Tenant the Attorney General's summary of the Delaware Residential Landlord-Tenant Code at the beginning of the rental term. Other applicable disclosures or addenda delivered: [____ / NONE].

6. Notices

Landlord notice address: [ADDRESS]. Tenant notice address: [DWELLING ADDRESS OR OTHER ADDRESS]. A notice required by the Delaware Residential Landlord-Tenant Code must be served by a method permitted by 25 Del. C. § 5113, including personal service or the specified mail methods with proof of mailing; posting alone is insufficient. The sender will keep proof of service. A changed notice address must be given in writing.

7. Termination and surrender

Either party may terminate this month-to-month Agreement by giving the other at least 60 days' written notice. The 60-day period begins on the first day of the month after actual notice. The notice must be served under Section 6. Federal law, regulations, or guidelines control in a federally subsidized unit if they conflict with this Code. At termination, Tenant will surrender the dwelling and keys, remove personal property, and give a written forwarding address for deposit communications.

No provision of this Agreement waives a tenant right or remedy under the Delaware Residential Landlord-Tenant Code or limits a landlord liability arising under law. Changes to this Agreement must be in writing signed by both parties. Delaware law governs.

Signatures

Landlord: [SIGNATURE] Printed name/title: [____] Date: [__/__/____]

Tenant: [SIGNATURE] Printed name: [____] Date: [__/__/____]

Tenant: [SIGNATURE] Printed name: [____] Date: [__/__/____]

Exhibit A, move-in condition record: [ATTACHED / NOT ATTACHED]