Need a Property Rentals Contract in Delaware? AroundWire Can Help

In Delaware, property rental contracts—covering both residential and commercial leases—are governed primarily by the Delaware Landlord-Tenant Code (Title 25, Chapter 51 for residential and Chapter 61 for commercial). Key contract features include clear identification of parties, property description, lease term, rent amount and payment schedule, security deposit terms (capped at one month’s rent for residential leases), and maintenance responsibilities. Delaware law requires landlords of residential properties to provide a fit and habitable premises, and certain disclosures such as lead-based paint information for properties built before 1978. Commercial rentals may involve more negotiation over maintenance, common area charges, and permitted uses. Risk mitigation commonly involves mandatory liability insurance, with landlords frequently requiring proof of tenant coverage and being named as additional insureds. Indemnification clauses are standard, allocating responsibility for damages or injuries. Licensing requirements include a valid business license for landlords, and some municipalities (notably Wilmington and Newark) require rental permits or inspections. Payment terms typically include penalties for late payments and may specify acceptable payment methods. Dispute resolution often favors local state courts, but mediation or arbitration clauses are increasingly common. Delaware’s contract law emphasizes written agreements for enforceability, and electronic signatures are permitted. Contractors should be aware of anti-discrimination statutes and fair housing laws, as well as local ordinances that may impose further obligations or restrictions.