Title 25 — Property
44 chapters · 315 sections in this title.
25 Del. C. § 5301. Landlord obligation; rental agreement.
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§ 5301. Landlord obligation; rental agreement. (a) A rental agreement shall not provide that a tenant: (1) Agrees to waive or forego rights or remedies under this Code. (2) Authorizes any person to confess judgment on a claim arising out of the rental agreement. (3) Agrees to the…
25 Del. C. § 5302. Tenant remedy; termination at the beginning of term.
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§ 5302. Tenant remedy; termination at the beginning of term. (a) If the landlord fails to substantially conform to the rental agreement, or if there is a material noncompliance with any code, statute, ordinance or regulation governing the maintenance or operation of the premises,…
25 Del. C. § 5303. Landlord obligation to supply possession of rental unit.
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§ 5303. Landlord obligation to supply possession of rental unit. The landlord shall supply the rental unit bargained for at the beginning of the term and shall put the tenant into full possession.70 Del. Laws, c. 513, § 2;
25 Del. C. § 5304. Tenant’s remedies for failure to supply possession.
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§ 5304. Tenant’s remedies for failure to supply possession. (a) If the landlord fails to put the tenant into full possession of the rental unit at the beginning of the agreed term, the rent shall abate during any period the tenant is unable to enter and: (1) Upon notice to the la…
25 Del. C. § 5305. Landlord obligations relating to the rental unit [For implementation of this section, see 85 Del. Laws, c. 98, § 5(2)].
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§ 5305. Landlord obligations relating to the rental unit [For implementation of this section, see 85 Del. Laws, c. 98, § 5(2)]. (a) The landlord shall, at all times during the tenancy, do all of the following: (1) Comply with all applicable provisions of any state or local statut…
25 Del. C. § 5306. Tenant’s remedies relating to the rental unit; termination.
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§ 5306. Tenant’s remedies relating to the rental unit; termination. (a) If there exists any condition which deprives the tenant of a substantial part of the benefit or enjoyment of the tenant’s bargain, the tenant may notify the landlord in writing of the condition and, if the la…
25 Del. C. § 5307. Tenant’s remedies relating to the rental unit; repair and deduction from rent.
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§ 5307. Tenant’s remedies relating to the rental unit; repair and deduction from rent. (a) If the landlord of a rental unit fails to repair, maintain or keep in a sanitary condition the leased premises or perform in any other manner required by statute, code or ordinance, or as a…
25 Del. C. § 5308. Essential services; landlord obligation and tenant remedies.
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§ 5308. Essential services; landlord obligation and tenant remedies. (a) If the landlord substantially fails to provide hot water, heat, water or electricity to a tenant, or fails to remedy any condition which materially deprives a tenant of a substantial part of the benefit of t…
25 Del. C. § 5309. Fire and casualty damage; landlord obligation and tenant remedies.
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§ 5309. Fire and casualty damage; landlord obligation and tenant remedies. (a) If the rental unit or any other property or appurtenances necessary to the enjoyment thereof are damaged or destroyed by fire or casualty to an extent that enjoyment of the rental unit is substantially…
25 Del. C. § 5310. “Assurance money” prohibited.
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§ 5310. “Assurance money” prohibited. (a) In every transaction wherein an application is made by a prospective tenant to lease a dwelling unit, the prospective landlord or owner of the dwelling unit shall not ask for, nor receive, any “assurance money” or other payment which is n…
25 Del. C. § 5311. Fees.
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§ 5311. Fees. Except for an optional service fee for actual services rendered, such as a pool fee or tennis court fee, a landlord shall not charge to a tenant any nonrefundable fee as a condition for occupancy of the rental unit. Nothing in this section shall prevent the tenant f…
25 Del. C. § 5312. Metering and charges for utility services [For applicability of subsection (i) of this section, see 80 Del. Laws, c. 71, § 2].
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§ 5312. Metering and charges for utility services [For applicability of subsection (i) of this section, see 80 Del. Laws, c. 71, § 2]. (a) A landlord may install, operate and maintain meters or other appliances for measurement to determine the consumption of utility services by e…
25 Del. C. § 5313. Unlawful ouster or exclusion of tenant.
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§ 5313. Unlawful ouster or exclusion of tenant. If removed from the premises or excluded therefrom by the landlord or the landlord’s agent, except under color of a valid court order authorizing such removal or exclusion, the tenant may recover possession or terminate the rental a…
25 Del. C. § 5314. Tenant’s right to early termination.
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§ 5314. Tenant’s right to early termination. (a) Except as is otherwise provided in this part, whenever either party to a rental agreement rightfully elects to terminate, the duties of each party under the rental agreement shall cease and all parties shall thereupon discharge any…
25 Del. C. § 5315. Taxes paid by tenant; setoff against rent; recovery from owner.
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§ 5315. Taxes paid by tenant; setoff against rent; recovery from owner. Any tax laid upon lands or tenements according to law which is paid by or levied from the tenant of such lands or tenements, or a person occupying and having charge of same, shall be a setoff against the rent…
25 Del. C. § 5316. Protection for victims of domestic abuse, sexual offenses and/or stalking.
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§ 5316. Protection for victims of domestic abuse, sexual offenses and/or stalking. (a) A landlord may not pursue any action for summary possession, demand any increase in rent, decrease any services, or otherwise cause any tenant to quit a rental unit where said tenant is a victi…
25 Del. C. § 5317. Landlord and tenant obligations relating to bed bug infestation.
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§ 5317. Landlord and tenant obligations relating to bed bug infestation. (a) Prior to renting a dwelling unit, the owner or property manager shall visually inspect the unit for any evidence of the presence of bed bugs, which may be indicated by observation of a living bed bug, be…