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Delaware Laws for Unsigned Rental Agreements

The Delaware Code Title 25 Chapter 51 Section 5110 addresses how an unsigned rental agreement by a landlord or tenant is to be treated:

Effect of Unsigned Rental Agreement

(a) If the landlord does not sign a written rental agreement which has been signed and tendered to the landlord by the tenant, acceptance of rent without reservation by the landlord shall give to the rental agreement the same effect as if it had been signed by the landlord.

(b) If the tenant does not sign a written rental agreement which has been signed and tendered to the tenant by the landlord, acceptance of possession and payment of rent by the tenant, without reservation, shall give to the rental agreement the same effect as if it had been signed by the tenant.

(c) Where a rental agreement which has been given effect by the operation of this section provides by its terms for a term longer than 1 year, it shall operate to create only a 1-year term.

Del. Code § 5110

See also Delaware Lease Agreements Must be Mutual and Dependent.

Return to Delaware Landlord-Tenant Laws.