RESIDENTIAL LEASE AGREEMENT
(State of Delaware)
[// GUIDANCE: This template is drafted for residential tenancies located in Delaware and is intended for use by licensed attorneys. Customize bracketed placeholders, delete guidance boxes prior to final execution, and verify conformity with the most current version of the Delaware Residential Landlord-Tenant Code (“RLTC”).]
TABLE OF CONTENTS
- Document Header
- Definitions
- Premises, Term & Possession
- Rent & Other Charges
- Security Deposit
- Utilities & Services
- Use, Occupancy & Conduct
- Maintenance, Repairs & Habitability
- Alterations & Improvements
- Insurance & Risk Allocation
- Indemnification; Limitation of Liability
- Default & Remedies
- Dispute Resolution; Forum Selection
- General Provisions
- Execution Block
1. DOCUMENT HEADER
1.1 Parties. This Residential Lease Agreement (this “Agreement”) is made and entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between [LANDLORD LEGAL NAME], a [ENTITY TYPE] (“Landlord”), and [TENANT LEGAL NAME(S)] (individually and collectively, “Tenant”).
1.2 Premises. Landlord leases to Tenant, and Tenant leases from Landlord, the residential dwelling located at [STREET ADDRESS, CITY, COUNTY, DE ZIP] together with any appurtenant parking spaces, storage areas, and common areas granted for Tenant’s use (collectively, the “Premises”).
1.3 Consideration & Recitals. In consideration of the mutual covenants herein and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows.
1.4 Governing Law & Jurisdiction. This Agreement shall be governed by, construed under, and enforced in accordance with the Delaware Residential Landlord-Tenant Code, 25 Del. C. §§ 5101 et seq. (“RLTC”) and other applicable state and federal law (“State Landlord-Tenant Law”). Exclusive venue for any action arising out of or relating to this Agreement shall lie in the [NAME OF COUNTY] Justice of the Peace Court, Housing Division (the “State Housing Court”).
2. DEFINITIONS
For ease of reference, capitalized terms have the meanings set forth below or as otherwise indicated.
“Abandonment” – As defined in RLTC § 5505 or any successor statute.
“Common Areas” – All areas and facilities outside the Premises provided by Landlord for the collective use of tenants.
“Event of Default” – Any occurrence described in Section 12.1.
“Hazardous Materials” – Any substance regulated by federal, state or local law.
“Lease Term” – The period identified in Section 3.2.
“Rent” – Base Rent and any Additional Rent collectively, as defined in Section 4.
“Security Deposit” – The amount stated in Section 5, held pursuant to RLTC § 5514.
[// GUIDANCE: Add or delete defined terms as appropriate for the transaction.]
3. PREMISES, TERM & POSSESSION
3.1 Condition Precedent. Delivery of possession is conditioned upon Tenant’s payment of the first month’s Rent and the Security Deposit, and execution of any required addenda.
3.2 Lease Term. The term of this Agreement shall commence on [COMMENCEMENT DATE] and, unless earlier terminated as provided herein, shall expire at 11:59 p.m. on [EXPIRATION DATE] (the “Lease Term”).
3.3 Renewal. Absent written agreement to renew, tenancy shall convert to a month-to-month tenancy under the RLTC upon expiration, subject to a [____]% increase in Base Rent unless otherwise negotiated.
3.4 Possession. If Landlord cannot deliver possession on the Commencement Date, Rent shall abate daily until possession is tendered; such delay shall not terminate this Agreement unless it exceeds [30] days, after which either party may terminate without liability beyond refund of prepaid amounts.
4. RENT & OTHER CHARGES
4.1 Base Rent. Tenant shall pay Landlord monthly base rent of $[AMOUNT] (“Base Rent”) in advance, without notice or demand, on or before the first (1st) calendar day of each month.
4.2 Additional Rent. All other sums payable by Tenant under this Agreement, including late fees, utility charges allocable to Tenant, and repair costs, constitute “Additional Rent.”
4.3 Form & Place of Payment. Rent shall be paid by [acceptable methods], to [PAYMENT ADDRESS / PORTAL].
4.4 Late Fees. If Rent is not received by the fifth (5th) calendar day after due, Tenant shall pay a late fee equal to [5]% of the overdue amount, not to exceed the limits of RLTC § 5501(d).
4.5 Returned Payment. A service charge of $[____] shall apply to any returned check or rejected electronic transfer, plus bank fees and all remedies under law.
5. SECURITY DEPOSIT
5.1 Amount. The Security Deposit is $[AMOUNT NOT EXCEEDING ONE (1) MONTH’S RENT], delivered contemporaneously with execution.
RLTC § 5514(a) caps the deposit at one (1) month’s rent for a lease term of one year or more.
5.2 Escrow Account & Notice. Landlord shall place the Security Deposit in an escrow account at a federally-insured financial institution located in Delaware and shall provide Tenant written notice of the institution’s name and account number within thirty (30) days after receipt, as required by RLTC § 5514(b).
5.3 Interest. If tenancy exceeds one (1) year, interest on the Security Deposit shall accrue and be credited to Tenant annually at the rate earned by the account, consistent with RLTC § 5514(b).
5.4 Permitted Deductions. Upon termination, Landlord may deduct only (i) unpaid Rent; (ii) damages beyond ordinary wear and tear; (iii) other amounts permitted by RLTC § 5514(c).
5.5 Return. Landlord shall return the Security Deposit and an itemized list of deductions to Tenant within twenty (20) days after Tenant surrenders possession, in compliance with RLTC § 5514(f). Failure to timely provide the statement shall forfeit Landlord’s right to claim deductions.
5.6 Limitation of Liability. Landlord’s aggregate liability to Tenant for any claim arising out of or relating to the Premises or this Agreement, except for Landlord’s willful misconduct or statutory penalties, shall be limited to the amount of the Security Deposit actually received by Landlord.
6. UTILITIES & SERVICES
6.1 Tenant-Paid Utilities. Tenant shall timely pay for the following utilities serving the Premises: [LIST UTILITIES].
6.2 Landlord-Provided Services. Landlord shall provide and maintain [LIST, e.g., water, sewer, trash, common-area electricity].
6.3 Interruption. Temporary interruption of utilities due to maintenance or causes beyond Landlord’s reasonable control shall not constitute constructive eviction or grounds for Rent abatement unless such interruption renders the Premises uninhabitable for more than forty-eight (48) consecutive hours and Landlord fails to provide reasonable substitute accommodations or remedy within a reasonable time.
7. USE, OCCUPANCY & CONDUCT
7.1 Permitted Use. The Premises shall be used solely as a private residence by no more than [MAX OCCUPANTS] occupants.
7.2 Prohibited Activities. Tenant shall not (i) engage in any unlawful activity; (ii) create a nuisance; (iii) keep any Hazardous Materials except ordinary household items; (iv) smoke in [indoor/outdoor] areas contrary to Landlord’s smoking policy.
7.3 Pets. [Permitted/Prohibited]. If permitted, Tenant shall execute a Pet Addendum and pay a non-refundable pet fee of $[____].
7.4 Guest Policy. Guests staying more than [14] consecutive days or [30] aggregate days in a calendar year require Landlord’s prior written consent.
8. MAINTENANCE, REPAIRS & HABITABILITY
8.1 Landlord Obligations. Landlord shall:
(a) Comply with applicable building, housing, and health codes;
(b) Maintain all structural components, plumbing, heating, and electrical systems in good working order;
(c) Provide running water, reasonable amounts of hot water, and adequate heat as required by season, per RLTC § 5303(a).
8.2 Tenant Obligations. Tenant shall:
(a) Keep the Premises clean and sanitary;
(b) Use electrical, plumbing, and appliances in a reasonable manner;
(c) Promptly notify Landlord in writing of needed repairs;
(d) Be responsible for damage caused by Tenant, occupants, or guests beyond ordinary wear and tear.
8.3 Right of Entry. Upon at least forty-eight (48) hours’ notice (except in emergencies), Landlord may enter the Premises to inspect, make repairs, or show the Premises to prospective purchasers or tenants, all in accordance with RLTC § 5509.
8.4 Repairs by Tenant After Notice. If Landlord fails to repair essential services within forty-eight (48) hours after written notice, Tenant may pursue remedies under RLTC § 5308, including rent escrow or termination, but only after strict compliance with statutory procedure.
9. ALTERATIONS & IMPROVEMENTS
Tenant shall not make any structural alterations, install antennas or satellite dishes, or change locks without Landlord’s prior written consent. Approved alterations become Landlord’s property at expiration unless otherwise agreed in writing.
10. INSURANCE & RISK ALLOCATION
10.1 Tenant Insurance. Tenant shall maintain renter’s insurance, including personal property and liability coverage of at least $[100,000] per occurrence, and name Landlord as additional insured or interested party.
10.2 Landlord Insurance. Landlord shall maintain property insurance on the building structure. Landlord’s insurance does not cover Tenant’s personal property.
11. INDEMNIFICATION; LIMITATION OF LIABILITY
11.1 Tenant Use Indemnity. Tenant shall indemnify, defend, and hold harmless Landlord and Landlord’s agents from and against all claims, damages, liabilities, and expenses (including reasonable attorney fees) arising from (i) Tenant’s use or occupancy of the Premises, (ii) any act or omission of Tenant or Tenant’s guests, or (iii) Tenant’s breach of this Agreement, except to the extent arising from Landlord’s gross negligence or willful misconduct.
11.2 Limitation of Liability. Except for obligations expressly imposed by law, Landlord’s liability to Tenant is limited pursuant to Section 5.6.
12. DEFAULT & REMEDIES
12.1 Events of Default. The following constitute an “Event of Default”:
(a) Non-payment of Rent not cured within five (5) days after written notice;
(b) Breach of any non-monetary covenant not cured within seven (7) days after written notice;
(c) Material misrepresentation in any application;
(d) Illegal conduct or unremedied nuisance.
12.2 Landlord Remedies. Upon Event of Default, Landlord may:
(a) Terminate this Agreement by notice per RLTC § 5513;
(b) Seek summary possession (eviction) in State Housing Court;
(c) Recover unpaid Rent, late fees, court costs, and reasonable attorney fees;
(d) Pursue injunctive relief to restrain violations and secure immediate repossession.
12.3 Graduated Remedies. Landlord shall first provide statutory notice and opportunity to cure where required. Thereafter, remedies are cumulative and not exclusive.
13. DISPUTE RESOLUTION; FORUM SELECTION
13.1 Governing Law. See Section 1.4.
13.2 Forum Selection. Each party irrevocably submits to the exclusive jurisdiction of the State Housing Court.
13.3 Arbitration. The parties expressly exclude arbitration.
13.4 Jury Trial. Nothing herein shall be construed as a waiver of the constitutional right to a jury trial where available.
13.5 Attorneys’ Fees. The prevailing party in any action shall be entitled to reasonable attorneys’ fees and costs as permitted by RLTC § 5112 and any applicable court rule.
14. GENERAL PROVISIONS
14.1 Notice. All notices shall be in writing and delivered (i) by hand with signed acknowledgment, (ii) by certified mail, return receipt requested, or (iii) as otherwise permitted by RLTC § 5106, to the addresses set forth below or as later designated. Electronic mail alone is insufficient for legal notice.
14.2 Assignment & Subletting. Tenant may not assign this Agreement or sublet the Premises without Landlord’s prior written consent, which may be withheld in Landlord’s sole discretion. Any unauthorized transfer is void.
14.3 Amendments; Waiver. No amendment or waiver is effective unless in a written instrument signed by the party against whom enforcement is sought.
14.4 Severability. If any provision is held unenforceable, the remainder shall remain in full force, and the unenforceable provision shall be construed to effectuate its intent to the maximum extent permissible.
14.5 Integration. This Agreement, together with any addenda listed below, constitutes the entire understanding of the parties and supersedes all prior negotiations and agreements, whether oral or written.
14.6 Successors & Assigns. Subject to Section 14.2, this Agreement binds and benefits the parties and their respective heirs, successors, legal representatives, and permitted assigns.
14.7 Counterparts & Electronic Signatures. This Agreement may be executed in counterparts, each of which is deemed an original, and all of which together constitute one instrument. Facsimile or electronic signatures shall be deemed originals for all purposes under the Delaware Uniform Electronic Transactions Act.
14.8 Addenda. The following addenda, if any, are incorporated by reference: [Lead-Based Paint Disclosure (pre-1978 housing); Pet Addendum; Rules & Regulations; Smoke Detector Certification; Move-In Condition Report; etc.].
15. EXECUTION BLOCK
IN WITNESS WHEREOF, the parties have executed this Residential Lease Agreement as of the Effective Date.
LANDLORD:
[LANDLORD NAME & TITLE]
Address for Notices:
[ADDRESS]
Telephone: [] Email: []
TENANT:
______ Date: _____
[TENANT NAME]
______ Date: _____
[TENANT NAME]
Address for Notices (if different after move-in):
[ADDRESS] Email: [] Phone: []
[OPTIONAL NOTARY BLOCK IF REQUIRED]
[// GUIDANCE: Delaware does not require notarization of residential leases; notarize only if preferred for evidentiary purposes.]
© [YEAR] [LAW FIRM OR AUTHOR]. All rights reserved.