What must a Delaware rental agreement include for a new community resident?

Under 25 Del. C. §7008, the agreement must include the lot's identification and location, total annual rent, payment terms, a complete fee schedule, the name and address of the landlord or authorized contact, the location of the security deposit account, a services rider describing utilities and responsibilities, and a rent history for the prior three years. This is general information, not legal advice about a specific lease.

How long is the default lease term in Delaware?

Section 7009 sets a default term of one year unless a shorter or longer duration is mutually agreed upon in writing. The agreement automatically renews for the same term and terms unless either party gives the required advance notice.

Can a Delaware park require a buyer to go through a standard application process?

Yes. Section 7013 permits the community owner to require a prospective buyer to submit an application under §7020(d). The park must respond within 10 days and provide a written explanation if the application is denied.

Buying a manufactured home in Delaware

Q: What if a buyer discovers problems after moving into a Delaware community?

Section 7021 allows a tenant to terminate the rental agreement if serious habitability problems are identified during the first month of occupancy, or for certain conditions during the first 18 months. Consulting a licensed attorney in Delaware is advisable before taking any termination step.

Buying a manufactured home in a Delaware community involves both the home purchase itself and the process of obtaining or inheriting a lot rental agreement. Delaware's Manufactured Home Owners and Community Owners Act (25 Del. C. Chapter 70) sets minimum standards for what the rental agreement must contain, the length of the default lease, and what disclosures a new tenant is entitled to receive. The following is a general overview; consulting a licensed attorney in Delaware before signing a lease or closing on a purchase is worthwhile.

What the statute says

Section 7008 lists what every rental agreement for a Delaware manufactured home lot must include. Among the required elements:

The specific identification and location of the rented lot and total annual rent; the term of the agreement and payment terms; the amount of any late-payment fee for rent and the conditions under which the fee may be imposed; a complete fee schedule identifying each service; and a rental summary containing rent history for three prior years.

The agreement must also include a services rider describing utilities, facilities, and each party's responsibilities, as well as the location of the security deposit held in a federally-insured account.

Section 7009 fixes the default lease term: "The duration of a rental agreement for a lot in a manufactured home community is 1 year unless a shorter or longer duration is mutually agreed upon by the parties and is designated in writing within the rental agreement."

Section 7021 provides that a tenant may terminate the rental agreement during the first month of occupancy — or for certain conditions during the first 18 months — if serious habitability problems existed at the time of move-in.

How it works in general

A buyer purchasing an existing home in a Delaware community steps into the seller's rental agreement under §7013's automatic transfer provisions, provided the required notice steps were followed and the buyer's application was approved. The transferred agreement carries the same terms, rent, and duration as the prior agreement, subject to any upcoming renewal. A buyer moving a home into a new community or purchasing directly from a developer will sign a fresh rental agreement that must meet the §7008 minimum content requirements.

The three-year rent history required by §7008 gives an incoming resident context for past increases. The services rider clarifies which utilities and facilities the park provides versus what the resident must arrange. The security deposit cannot exceed one month's rent under §7017 unless the tenant agrees to a higher amount.

Common scenarios

General examples Delaware community residents commonly encounter:

A buyer receiving the lease before signing. Section 7008's required elements — including the rent history, fee schedule, and services rider — are what every agreement must contain before the resident signs.
A buyer inheriting an existing lease from a seller. Section 7013's automatic transfer provisions carry the agreement over on the same terms, subject to the park's 10-day application review.
A new resident discovering problems after move-in. Section 7021's termination-during-first-month or first-18-months provision addresses serious habitability issues that existed at move-in.
A buyer asking about future rent increases. The Rent Justification subchapter (§§7050–7056) caps base increases and requires 90-to-120-day advance notice, which sets the framework going forward.

Other authorities that may apply

The DMV title process governs the transfer of ownership of the home itself. Financing programs — FHA, VA, conventional chattel — have their own eligibility and underwriting standards for manufactured homes. The Fair Housing Act applies to tenant screening. HUD's manufactured housing construction and safety standards (the HUD Code) govern the physical home. Delaware's Residential Landlord-Tenant Code applies to matters Chapter 70 does not address.