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Delaware Statutes, Title 25

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Delaware/Statutes

← All Delaware coverage

Title 25, Property

44 chapters · 682 sections in this title.

All chapters in Title 25682 Ch 81, DELAWARE UNIFORM COMMON INTEREST OWN…99 Ch 70, Manufactured Homes and Manufactured …65 Ch 22, UNIT PROPERTIES46 Ch 1, DEEDS42 Ch 27, Mechanics’ Liens34 Ch 7, JOINT ESTATES AND PARTITION33 Ch 51, GENERAL PROVISIONS25 Ch 57, Summary Possession25 Ch 21, Mortgages on Real Estate24 Ch 67, AGRICULTURAL LEASES22 Ch 2, Uniform Real Property Transfer on De…21 Ch 3, Titles and Conveyances20 Ch 55, Tenant Obligations and Landlord Remedies19 Ch 53, Landlord Obligations and Tenant Remedies17

682 sections·Filtered byTitle 25✕

25 Del. C. § 5005. Undue hardship.
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§ 5005. Undue hardship. The Department shall, by October 13, 1994, establish procedures under which the Department shall waive the application of § 5003 of this title if it would work an undue hardship. However, a waiver granted pursuant to this section shall remain in effect onl…
25 Del. C. § 5006. Rules and regulations.
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§ 5006. Rules and regulations. The Department shall establish rules and regulations by which it can carry out the terms of this law.69 Del. Laws, c. 392, § 1;
25 Del. C. § 5101. Applicability of Code.
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§ 5101. Applicability of Code. (a) This Code shall regulate and determine all legal rights, remedies and obligations of all parties and beneficiaries of any rental agreement of a rental unit within this State, wherever executed. Any rental agreement, whether written or oral, shal…
25 Del. C. § 5102. Exclusions from application of this Code [Effective until Mar. 8, 2027].
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§ 5102. Exclusions from application of this Code [Effective until Mar. 8, 2027]. The following arrangements are not intended to be governed by this Code, unless created solely to avoid such application: (1) Residence at an institution, whether public or private, where such reside…

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25 Del. C. § 5103. Jurisdiction.

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§ 5103. Jurisdiction. Any person, whether or not a citizen or resident of this State, who owns, holds an ownership or beneficial interest in, uses, manages or possesses real estate situated in this State submits that person’s own self or such person’s personal representative to t…

25 Del. C. § 5104. Obligations of good faith.

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§ 5104. Obligations of good faith. Every duty under this Code, and every act which must be performed as a condition precedent to the exercise of a right or remedy under this Code, imposes an obligation of good faith in its performance or enforcement.70 Del. Laws, c. 513, § 1;

25 Del. C. § 5105. Disclosure.

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§ 5105. Disclosure. (a) On each written rental agreement, the landlord shall prominently disclose: (1) The names and usual business addresses of all persons who are owners of the rental unit or the property of which the rental unit is a part, or the names and business addresses o…

25 Del. C. § 5106. Rental agreement; term and termination of rental agreement.

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§ 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. (b) Where no term is expressly provided, a rental agreement for premises shall be deemed and construed to be for a mon…

25 Del. C. § 5107. Renewals of rental agreements with modifications.

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§ 5107. Renewals of rental agreements with modifications. (a) If the landlord intends to renew the rental agreement subject to amended or modified provisions, the landlord shall give the tenant a minimum of 60 days’ written notice prior to the expiration of the rental agreement t…

25 Del. C. § 5108. Rental agreement; automatic extension of agreements where parties fail to terminate or renew subject to modifications.

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§ 5108. Rental agreement; automatic extension of agreements where parties fail to terminate or renew subject to modifications. (a) Where a rental agreement, other than for farm unit, is for 1 or more years, and 60 days or upward before the end of the term either the landlord does…

25 Del. C. § 5109. Rental agreement; promises mutual and dependent.

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§ 5109. Rental agreement; promises mutual and dependent. (a) Material promises, agreements, covenants or undertakings of any kind to be performed by either party to a rental agreement shall be interpreted as mutual and dependent conditions to the performance of material promises,…

25 Del. C. § 5110. Rental agreement; effect of unsigned rental agreement.

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§ 5110. Rental agreement; effect of unsigned rental agreement. (a) If the landlord does not sign a written rental agreement which has been signed and tendered to the landlord by the tenant, acceptance of rent without reservation by the landlord shall give to the rental agreement …

25 Del. C. § 5111. Attorneys’ fees prohibited.

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§ 5111. Attorneys’ fees prohibited. No provision in a rental agreement providing for the recovery of attorneys’ fees by either party in any suit, action or proceeding arising from the tenancy shall be enforceable.70 Del. Laws, c. 513, § 1;

25 Del. C. § 5112. Time computation.

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§ 5112. Time computation. In computing any period of time prescribed or allowed by order of the Court or by any applicable statute, the day of the act, event or default from which the designated period of time begins to run shall not be included unless specifically included by st…

25 Del. C. § 5113. Service of notices or pleadings and process.

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§ 5113. Service of notices or pleadings and process. (a) Any notice or service of process required by this Code shall be served either personally upon the tenant or landlord or upon the tenant by leaving a copy thereof at the person’s rental unit or usual place of abode with an a…

25 Del. C. § 5114. Notice; contractual notice between the parties.

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§ 5114. Notice; contractual notice between the parties. A person has notice of a fact if: (1) The person has actual knowledge of it; (2) The person has received a notice pursuant to the provisions of this Code; or (3) From all the facts and circumstances known at the time in ques…

25 Del. C. § 5115. Application for a forthwith summons.

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§ 5115. Application for a forthwith summons. Where the landlord alleges and by substantial evidence demonstrates to the Court that a tenant has caused substantial or irreparable harm to landlord’s person or property, or where the tenant alleges and by substantial evidence demonst…

25 Del. C. § 5116. Fair housing provisions [For application of this section, see 84 Del. Laws, c. 358, § 4] [Effective until Dec. 31, 2028].

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§ 5116. Fair housing provisions [For application of this section, see 84 Del. Laws, c. 358, § 4] [Effective until Dec. 31, 2028]. (a) No person, being an owner or agent of any real estate, house, apartment or other premises, may refuse or decline to rent, subrent, sublease, assig…

25 Del. C. § 5117. Remedies for violation of the rental agreement or the Code.

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§ 5117. Remedies for violation of the rental agreement or the Code. (a) For any violation of the rental agreement or this Code, or both, by either party, the injured party shall have a right to maintain a cause of action in any court of competent civil jurisdiction. (b) In satisf…

25 Del. C. § 5118. Summary of residential landlord-tenant code.

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§ 5118. Summary of residential landlord-tenant code. A summary of the Landlord-Tenant Code, as prepared by the Consumer Protection Unit of the Attorney General’s Office or its successor agency, shall be given to the new tenant at the beginning of the rental term. If the landlord …

25 Del. C. § 5120. Landlord liens; distress for rent.

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§ 5120. Landlord liens; distress for rent. (a) The right of the landlord of distress for rent is hereby abolished, except as otherwise provided herein. (b) Unless perfected before the effective date of this Code, no lien on behalf of the landlord in the personal property and poss…

25 Del. C. § 5121. Confession of judgment.

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§ 5121. Confession of judgment. A provision of a written rental agreement authorizing a person other than the tenant to confess judgment against the tenant is void and unenforceable.25 Del. C. 1953, § 6104; 58 Del. Laws, c. 472, § 1; 70 Del. Laws, c. 513, § 6;

25 Del. C. § 5122. Equitable jurisdiction relating to converted conditional sales agreements.

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§ 5122. Equitable jurisdiction relating to converted conditional sales agreements. In addition to any other equitable authority granted to, or inherent in the powers of, the Justice of the Peace Court to hear and properly dispose of actions brought under Chapters 51 through 57, 6…

25 Del. C. § 5123. Tenant employee.

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§ 5123. Tenant employee. (a) When the employment of a tenant employee is terminated by the employer, if the employer is the landlord or the management agent of the landlord, and no written rental agreement is in effect, the landlord must offer the tenant employee the opportunity …

25 Del. C. § 5124. Rights and responsibilities guide for landlords and tenants [For application of subsections (a)-(d) and (g), see 85 Del. Laws, c. 277, § 5; for application of subsections (e) and (f), see 85 Del. Laws, c. 277, § 6].

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§ 5124. Rights and responsibilities guide for landlords and tenants [For application of subsections (a)-(d) and (g), see 85 Del. Laws, c. 277, § 5; for application of subsections (e) and (f), see 85 Del. Laws, c. 277, § 6]. (a) For purposes of this section: (1) “Guide” means the …

25 Del. C. § 5125. Surrender of rental unit keys.

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§ 5125. Surrender of rental unit keys. (a) If a lease requires the surrender of rental unit keys as a condition for return of a security deposit, the lease must provide a clear procedure for the surrender and may not require surrender prior to the end of the lease term. (b) If th…

25 Del. C. § 5141. Definitions [Effective until Mar. 8, 2027].

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§ 5141. Definitions [Effective until Mar. 8, 2027]. For purposes of Part III of this title: (1) “Action” shall mean any claim advanced in a court proceeding in which rights are determined. (2) “Bed bug infestation” means the presence of bed bugs in real property rented for reside…

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…

25 Del. C. § 5401. Definitions.

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§ 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…

25 Del. C. § 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)].

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§ 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…

25 Del. C. § 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)].

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§ 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…

25 Del. C. § 5404. Lead inspectors [For implementation of this section, see 85 Del. Laws, c. 98, § 5(2)].

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§ 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 …

25 Del. C. § 5405. Recertification of rental units as lead free or lead safe [For implementation of this section, see 85 Del. Laws, c. 98, § 5(2)].

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§ 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 …

25 Del. C. § 5406. Disclosure of certification [For implementation of this section, see 85 Del. Laws, c. 98, § 5(2)].

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§ 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…