Title 25 — Property

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 5401. Definitions. For purposes of this chapter: (1) “Alternative housing” means as defined by the regulations promulgated by the Department and includes reasonable out-of-pocket expenses incurred as a result of relocating a tenant to the alternative housing such as rent charge…

§ 5402. Certification of rental units as lead free or lead safe: small property owners [For implementation of this section, see 85 Del. Laws, c. 98, § 5(2)]. (a) Starting after the [implementation date under 85 Del. Laws, c. 98, § 5(2)], a small property owner must obtain certifi…

§ 5403. Certification of rental units as lead free or lead safe: large property owners [For implementation of this section, see 85 Del. Laws, c. 98, § 5(2)]. (a) Starting after [the implementation date under 85 Del. Laws, c. 98, § 5(2)], a large property owner must obtain certifi…

§ 5404. Lead inspectors [For implementation of this section, see 85 Del. Laws, c. 98, § 5(2)]. (a) Only individuals approved as lead inspectors by the Department may issue certificates. No individual may be approved by the Department as a lead inspector unless the individual has …

§ 5405. Recertification of rental units as lead free or lead safe [For implementation of this section, see 85 Del. Laws, c. 98, § 5(2)]. (a) A rental unit certified as lead safe must be recertified in each of the following circumstances: (1) Prior to the commencement of a rental …

§ 5406. Disclosure of certification [For implementation of this section, see 85 Del. Laws, c. 98, § 5(2)]. (a) Effective [the implementation date under 85 Del. Laws, c. 98, § 5(2)], every rental agreement on a rental unit constructed prior to January 1, 1978, must contain a discl…

§ 5407. Educational material [For implementation of this section, see 85 Del. Laws, c. 98, § 5(2)]. (a) The landlord must provide the tenant with any educational material required to be provided by Department regulations and the U.S. Environmental Protection Agency relating to le…

§ 5408. Lead-based paint hazard control grant and loan program [For implementation of this section, see 85 Del. Laws, c. 98, § 5(2)]. (a) The Department must establish and administer a lead-based paint hazard control grant and loan program to assist small and large property owner…

§ 5409. Antidiscrimination provision [For implementation of this section, see 85 Del. Laws, c. 98, § 5(2)]. (a) It is unlawful to discriminate against an individual because the individual has made a complaint, testified, assisted, or participated in any manner in an investigation…

§ 5410. Feasibility review [For implementation of this section, see 85 Del. Laws, c. 98, § 5(1)]. (a) There is established a committee known as the Lead-Based Paint Remediation Certification Committee (“the Committee”). The Committee consists of 10 members as follows: (1) Four me…

§ 5411. Regulations [For implementation of this section, see 85 Del. Laws, c. 98, § 5(2)]. The Department shall adopt regulations to implement this chapter.85 Del. Laws, c. 98, § 1;

§ 5412. Reports [For implementation of this section, see 85 Del. Laws, c. 98, § 5(2)]. (a) Beginning after [the implementation date under 85 Del. Laws, c. 98, § 5(2)], the Department shall create an annual report with the following information: (1) The total number of certificate…

§ 5413. Antiloophole provision [For implementation of this section, see 85 Del. Laws, c. 98, § 5(2)]. To prevent circumvention of this chapter, all owners of rental property must disclose to the Department their beneficial owner and any affiliation with other property owners. Any…

§ 5501. Tenant obligations; rent. (a) The landlord and tenant shall agree to the consideration for rent. In the absence of such agreement, the tenant shall pay to the landlord a reasonable sum for the use and occupation of the rental unit. (b) Rent shall be payable at the time an…

§ 5502. Landlord remedies for failure to pay rent. (a) A landlord or the landlord’s agent may, any time after rent is due, including the time period between the date the rent is due and the date under this Code when late fees may be imposed, demand payment thereof and notify the …

§ 5503. Tenant obligations relating to rental unit; waste. A tenant shall: (1) Comply with all obligations imposed upon tenants by applicable provisions of all municipal, county and state codes, regulations, ordinances and statutes; (2) Keep that part of the premises which the te…

§ 5504. Defense to an action for waste. (a) It shall be a complete defense to any action, suit or proceeding for waste if the tenant alleges and establishes that the tenant notified the landlord a reasonable time in advance of the repair, alteration or replacement and that such r…

§ 5505. Tenant’s obligation relating to defective conditions. (a) Any defective condition of the premises which comes to the tenant’s attention, and which the tenant has reason to believe is the duty of the landlord or of another tenant to repair, shall be reported in writing by …

§ 5506. Tenant obligation; notice of extended absence. The landlord may require in the rental agreement that the tenant notify the landlord in writing of any anticipated extended absence from the premises no later than the 1st day of such absence.70 Del. Laws, c. 513, § 3;

§ 5507. Landlord remedies for absence or abandonment. (a) If the rental agreement provides for notification to the landlord by the tenant of an anticipated extended absence as defined in this Code or in the rental agreement, and the tenant fails to comply with such requirement, t…

§ 5508. Landlord remedies; restrictions on subleasing and assignments. (a) Unless otherwise agreed in writing, the tenant may sublet the premises or assign the rental agreement to another. (b) The rental agreement may restrict or prohibit the tenant’s right to assign the rental a…

§ 5509. Tenant obligation to permit reasonable access. (a) The tenant shall not unreasonably withhold consent for the landlord to enter into the rental unit in order to inspect the premises, make necessary repairs, decorations, alterations or improvements, supply services as agre…

§ 5510. Landlord remedy for unreasonable refusal to allow access. (a) The tenant shall be liable to the landlord for any harm proximately caused by the tenant’s unreasonable refusal to allow access. Any court of competent jurisdiction may issue an injunction against a tenant who …

§ 5511. Rules and regulations; tenant obligations. (a) The tenant and all others in the premises with the consent of the tenant shall obey all obligations or restrictions, whether denominated by the landlord as “rules,” “regulations,” “restrictions” or otherwise, concerning the t…

§ 5512. Rules and regulations relating to certain buildings; landlord remedies. Any provision of the Landlord-Tenant Code (Chapters 51 through 59 of this title) to the contrary notwithstanding, written rental agreements for the rental of single rooms in certain buildings may be t…

§ 5513. Landlord remedies relating to breach of rules and covenants. (a) If the tenant breaches any rule or covenant which is material to the rental agreement, the landlord shall notify the tenant of such breach in writing, and shall allow at least 7 days after such notice for re…

§ 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. (3) No landlord may require a security deposit in excess of 1 mon…

§ 5514A. Surety bond. (a) Instead of paying all or part of a security deposit to a landlord under § 5514 of this title, a tenant may purchase a surety bond, the purpose of which shall be: (1) To reimburse the landlord for actual damages caused to the premises by the tenant which …

§ 5515. Landlord’s remedies relating to holdover tenants. (a) Except as is otherwise provided in this Code, whenever either party to a rental agreement rightfully elects to terminate, the duties of each party under the rental agreement shall cease. (b) Whenever the term of the re…

§ 5516. Retaliatory acts prohibited. (a) Retaliatory acts are prohibited. (b) A retaliatory act is an attempt on the part of the landlord to: pursue an action for summary possession or otherwise cause the tenant to quit the rental unit involuntarily; demand an increase in rent fr…

§ 5517. Preference of rent in cases of execution. Liability of goods levied upon for 1 year’s rent: (1) If goods, chattels or crops of a tenant being upon premises held by the tenant by demise under a rent of money are seized by virtue of any process of execution, attachment or s…

§ 5518. [Reserved.]

§ 5601. Definitions. For purposes of this chapter: (1) “Coordinator” means the Right to Representation Coordinator within Delaware Volunteer Legal Services. (2) “Covered individual” means a tenant who is eligible for legal representation under this chapter. (3) “Covered proceedin…

§ 5602. Right to legal representation. (a) (1) a. Except as provided under paragraph (a)(2) of this section, a tenant has the right to legal representation as provided under this chapter if the tenant’s household income over the immediately preceding 12 months is not greater than…

§ 5603. Right to Representation Coordinator duties. (a) The Coordinator shall manage the funding provided by the State Court Administrator under § 5604 of this title. (b) The Coordinator shall coordinate, oversee, and organize outreach, engagement, and education events and activi…

§ 5604. State Court Administrator powers and duties. (a) Notwithstanding any provision of Chapter 69 of Title 29 to the contrary, the State Court Administrator shall provide Delaware Volunteer Legal Services with the designated appropriation from the General Assembly to allow the…