Commercial Lease Laws in Delaware
Don't sign a lease in Delaware until you understand the local statutes, tax implications, and common landlord traps.
Key Statutes & Considerations
Delaware law (Title 25) allows landlords actions for summary possession. Review default timelines carefully.
Common Red Flags in Delaware
Commercial real estate in Delaware typically favors the landlord in standard lease drafts. Whether you are in Dover or elsewhere, you need to watch out for:
- Uncapped NNN Charges: Variable costs like property taxes and insurance can skyrocket.
- Broad Indemnification: Clauses that require you to pay for the landlord's negligence.
- Relocation Clauses: Rights for the landlord to move your business to a worse location.
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Frequently Asked Questions
Is a Triple Net (NNN) lease legal in Delaware?
Yes, NNN leases are the industry standard for commercial retail and office space in Delaware. They shift the burden of property taxes, insurance, and maintenance to the tenant.
Can I negotiate my commercial lease in Delaware?
Absolutely. Unlike residential leases, commercial leases are presumed to be negotiated between equal parties. Never sign the first draft.