In Delaware, a lease can be oral or written, but oral leases cannot last more than a year. Under Delaware law (Residential Landlord-Tenant Code), a lease grants the tenant certain rights, such as the right to habitable housing and the right to seek housing without discrimination. To remove a tenant from the leased property, a lessor must file a written “complaint” with the judges of the Court of the Peace (JP Court). A “complaint” tells the court why the landlord wants a tenant to move. The claim may require the return of the rental unit, damages and unpaid rent. The complaint may also require the tenant to review the legal fees. The “duration” is the duration for which the owners and tenants have agreed to rent the property. If the lessor and the tenant have agreed on a one-year lease agreement, the term is one year. (b) If the rental agreement is terminated, the lessor shall be reimbursed in good time for the deposit, the pet deposit and the prepaid rent, with the exception of that to which the lessor is entitled under this Code. The settlement of the rent in case of termination or distribution is made from the date of the fire or accident. The following summary of laws is not an exhaustive list of all relevant laws and does not serve as legal advice. Laws can change and often vary from one municipality to another within the state. We recommend that you do your own independent research to ensure that you comply with all laws and regulations applicable to your current situation.
(e) Ancillary service charges that a lessor collects from a tenant are considered rent for all purposes of this Code. The Mobile Home Lots and Leases Act, which is listed in Chapter 70 of Title 25 of the Delaware Code, applies to the rental of a mobile home in a mobile park. (i) The separate measurement requirement set out in this Section shall not apply to charges for the provision of services which are not calculated on the basis of consumption. If the lease so provides, a lessor may pass on to the lessee the actual cost of those services, which results from the costs of that service, which are borne by the lessor or an undertaking wholly or partly owned by the lessor or, if authorised by the local government unit or by a public utility undertaking. A lessor may require the lease directly with the local government unit or utility for service to the tenant or rental unit. . . .