Delaware Tenant Letter of Credit in Lieu of a Security Deposit

State:
Multi-State
Control #:
US-OL4A023
Format:
Word; 
PDF
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Description

This office lease form is a tenant's letter of credit to the owner in the place of a security deposit. The letter of credit maintains effect at all times during the term of the lease following delivery thereof. A clean, unconditional and irrevocable letter of credit shall have an expiration date no earlier than the first anniversary of the date of issuance and shall provide that it shall be automatically renewed from year to year unless terminated by a bank by notice to the owner. The final expiration date of the letter of credit (including any renewals) shall be no earlier than sixty days after expiration date of lease.

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FAQ

Whether the tenant's lease/rental agreement is weekly, monthly, or fixed-term, a Delaware landlord must provide all tenants a 60-days' written eviction notice to vacate the premises.

Rental agreements for period longer than one (1) year must be in writing. (§5106) Unless a rental agreement is in writing, it will not be effective for any longer than one (1) year. An agreement that has no term will be for a term of month to month.

Delaware landlords cannot raise rent during the lease term unless the lease agreement allows for it. Additionally, if the rental property is a mobile home, rent increases are limited to once per year. Landlords must provide 60 days' notice before raising rent, and for mobile homes, a 90-day notice is required.

(§5502) If the tenant fails to pay rent, the landlord may, on the day after rent is due, send the tenant a notice that rent must be paid within five (5) days from the date the notice was given or sent, or the rental agreement will be terminated.

Early termination by tenant If the tenant wishes to terminate the lease early, they have to give a notice period of 60 days. For more information on Delaware Landlord Tenant laws please visit their website here.

A letter of credit (LOC) is a financial instrument used to guarantee a commercial tenant's ability to fulfill its financial obligations in the lease, such as paying rent. In the context of a commercial lease, a letter of credit serves as an alternative to providing a traditional cash security deposit.

§ 5106. Rental agreement; term and termination of rental agreement. (a) No rental agreement, unless in writing, shall be effective for a longer term than 1 year.

§ 5514. Security deposit. (a) (1) A landlord may require the payment of security deposit. (2) No landlord may require a security deposit in excess of 1 month's rent where the rental agreement is for 1 year or more.

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Delaware Tenant Letter of Credit in Lieu of a Security Deposit