reglab/housing_qa huggingface dataset:
25 DE Code § 5302. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 53. Landlord Obligations and Tenant Remedies|§ 5302. Tenant remedy; termination at the beginning of term.

§ 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, the tenant may, on written notice to the landlord, terminate the rental agreement and vacate the premises at any time during the first month of occupancy, so long as the tenant remains in possession in reliance on a promise, whether written or oral, by the landlord to correct all or any part of the condition or conditions which would justify termination by the tenant under this section. (b) If the tenant remains in possession in reliance on a promise, whether written or oral, by the landlord, to correct all or any part of the condition or conditions which would justify termination by the tenant under this section; and if substantially the same act or omission which constitutes a prior noncompliance, of which prior notice was given under subsection (a) of this section, recurs within 6 months, the tenant may terminate the rental agreement upon at least 15 days' written notice, which notice shall specify the breach and the date of termination of the rental agreement. (c) 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 landlord does not remedy the condition within 15 days, the tenant may terminate the rental agreement. The tenant must then initiate an action in the Justice of the Peace Court seeking a determination that the landlord has breached the rental agreement by depriving the tenant of a substantial part of the benefit or enjoyment of the bargain and may seek damages, including a rent deduction from the date written notice of the condition was given to the landlord. (d) If the condition referred to in subsection (c) of this section was caused wilfully or negligently by the landlord, the tenant may recover the greater of:  (1) The difference between the rent payable under the rental agreement and all expenses necessary to obtain equivalent substitute housing for the remainder of the rental term; or (2) An amount equal to 1 month's rent and the security deposit. (e) The tenant may not terminate the rental agreement for a condition caused by the want of due care by the tenant, a member of tenant's family or any other person on the premises with the tenant's consent. If a tenant terminates wrongfully, the tenant shall remain obligated under the rental agreement. 70 Del. Laws, c. 513, §  2;
25 DE Code § 5303. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 53. Landlord Obligations and Tenant Remedies|§ 5303. Landlord obligation to supply possession of rental unit.

§ 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 DE Code § 5304. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 53. Landlord Obligations and Tenant Remedies|§ 5304. Tenant's remedies for failure to supply possession.

§ 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 landlord, the tenant may terminate the rental agreement at any time the tenant is unable to enter into possession; and the landlord shall return all moneys paid to the landlord for the rental unit, including any pre-paid rent, pet deposit and security deposit; and (2) If such inability to enter is caused wrongfully by the landlord or by anyone with the landlord's consent or license due to substantial failure to conform to existing building and housing codes, the tenant may recover reasonable expenditures necessary to secure equivalent substitute housing for up to 1 month. In no event shall such expenditures under this subsection exceed the agreed upon rent for 1 month. Such expenditures may be recovered by appropriate action or proceeding or by deduction from the rent upon the submission of receipts for same. (b) If such inability to enter results from the wrongful occupancy of a holdover tenant and the landlord has not brought an action for summary possession against such holdover tenant, the entering tenant may maintain an action for summary possession against the holdover tenant. The expenses of such proceeding and substitute housing expenditures may be claimed from the rent in the manner specified in paragraph (a)(2) of this section. 70 Del. Laws, c. 513, §  2;
25 DE Code § 5305. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 53. Landlord Obligations and Tenant Remedies|§ 5305. Landlord obligations relating to the rental unit.

§ 5305. Landlord obligations relating to the rental unit. (a) The landlord shall, at all times during the tenancy:  (1) Comply with all applicable provisions of any state or local statute, code, regulation or ordinance governing the maintenance, construction, use or appearance of the rental unit and the property of which it is a part; (2) Provide a rental unit which shall not endanger the health, welfare or safety of the tenants or occupants and which is fit for the purpose for which it is expressly rented; (3) Keep in a clean and sanitary condition all common areas of the buildings, grounds, facilities and appurtenances thereto which are maintained by the landlord; (4) Make all repairs and arrangements necessary to put and keep the rental unit and the appurtenances thereto in as good a condition as they were, or ought by law or agreement to have been, at the commencement of the tenancy; and (5) Maintain all electrical, plumbing and other facilities supplied by the landlord in good working order. (b) If the rental agreement so specifies, the landlord shall:  (1) Provide and maintain appropriate receptacles and conveniences for the removal of ashes, rubbish and garbage and arrange for the frequent removal of such waste; and (2) Supply or cause to be supplied, water, hot water, heat and electricity to the rental unit. (c) The landlord and tenant may agree by a conspicuous writing, separate from the rental agreement, that the tenant is to perform specified repairs, maintenance tasks, alterations or remodeling, but only if:  (1) The particular work to be performed by the tenant is for the primary benefit of the rental unit; and (2) The work is not necessary to bring a noncomplying rental unit into compliance with a building or housing code, ordinance or the like; and (3) Adequate consideration, apart from any provision of the rental agreement, or a reduction in the rent is exchanged for the tenant's promise. In no event may the landlord treat any agreement under this subsection as a condition to any provision of rental agreements; and (4) The agreement of the parties is entered into in good faith and is not for the purpose of evading an obligation of the landlord. (d) Evidence of compliance with the applicable building and housing codes shall be prima facie evidence that the landlord has complied with this chapter or with any other chapter of Part III of this title. 70 Del. Laws, c. 513, §  2;
25 DE Code § 5306. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 53. Landlord Obligations and Tenant Remedies|§ 5306. Tenant's remedies relating to the rental unit; termination.

§ 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 landlord does not remedy the condition within 15 days following receipt of notice, the tenant may terminate the rental agreement. If such condition renders the premises uninhabitable or poses an imminent threat to the health, safety or welfare of the tenant or any member of the family, then tenant may, after giving notice to the landlord, immediately terminate the rental agreement without proceeding in a Justice of the Peace Court. (b) The tenant may not terminate the rental agreement for a condition caused by the want of due care by the tenant, a member of the family or any other person on the premises with the tenant's consent. If a tenant terminates wrongfully, the tenant shall remain obligated under the rental agreement. (c) If the condition referred to in subsection (a) of this section was caused wilfully or negligently by the landlord, the tenant may recover the greater of:  (1) The difference between rent payable under the rental agreement and all expenses necessary to obtain equivalent substitute housing for the remainder of the rental term; or (2) An amount equal to 1 month's rent and the security deposit. 70 Del. Laws, c. 513, §  2;
25 DE Code § 5307. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 53. Landlord Obligations and Tenant Remedies|§ 5307. Tenant's remedies relating to the rental unit; repair and deduction from rent.

§ 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 agreed to in the a rental agreement; and, if after being notified in writing by the tenant to do so, the landlord:  (1) Fails to remedy such failure within 30 days from the receipt of the notice; or (2) Fails to initiate reasonable corrective measures where appropriate, including, but not limited to, the obtaining of an estimate of the prospective costs of the correction, within 10 days from the receipt of the notice; Then the tenant may immediately do or have done the necessary work in a professional manner. After the work is done, the tenant may deduct from the rent a reasonable sum, not exceeding $400, or 1/2 of 1 month's rent, whichever is less, for the expenditures by submitting to the landlord copies of those receipts covering at least the sum deducted. (b) In no event may a tenant repair or cause anything to be repaired at the landlord's expense when the condition complained of was caused by the want of due care by the tenant, a member of the tenant's family or another person on the premises with the tenant's consent. (c) A tenant who is otherwise delinquent in the payment of rent may not take advantage of the remedies provided in this section. (d) The tenant is liable for any damage to persons or property where such damage was caused by the tenant or by someone authorized by the tenant in making said repairs. 70 Del. Laws, c. 513, §  2;  83 Del. Laws, c. 222, § 1;
25 DE Code § 5309. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 53. Landlord Obligations and Tenant Remedies|§ 5309. Fire and casualty damage; landlord obligation and tenant remedies.

§ 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 impaired, and such fire or other casualty occurs without fault on the part of the tenant, or a member of the tenant's family, or another person on the premises with the tenant's consent, the tenant may:  (1) Immediately quit the premises and promptly notify the landlord, in writing, of the tenant's election to quit within 1 week after vacating, in which case the rental agreement shall terminate as of the date of vacating. If the tenant fails to notify the landlord of the tenant's election to quit, the tenant shall be liable for rent accruing to the date of the landlord's actual knowledge of the tenant's vacating the rental unit or impossibility of further occupancy; or (2) If continued occupancy is lawful, vacate any part of the premises rendered unusable by fire or casualty, in which case the tenant's liability for rent shall be reduced in proportion to the diminution of the fair rental value of the rental unit. (b) If the rental agreement is terminated, the landlord shall timely return any security deposit, pet deposit and prepaid rent, except that to which the landlord is entitled to retain pursuant to this Code. Accounting for rent in the event of termination or apportionment shall be made as of the date of the fire or casualty. 70 Del. Laws, c. 513, §  2;
25 DE Code § 5310. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 53. Landlord Obligations and Tenant Remedies|§ 5310. “Assurance money” prohibited.

§ 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 not an application fee, security deposit, surety bond fee or premium, pet deposit or similar deposit reserving the dwelling unit for the prospective tenant for a time certain. The prospective landlord shall not charge the prospective tenant, as a fee for any credit or other type of investigation, any more than the specific cost of such investigation. For purposes of this section, “assurance money” shall mean any payment to the prospective landlord by a prospective tenant, except an application fee, a payment in the way of a security deposit, surety bond fee or premium, pet deposit or similar deposit reserving the dwelling unit for the prospective tenant for a time certain or the reimbursing of the specific sums expended by the landlord in credit or other investigations. (b) Each landlord shall retain, for a period of 6 months, the records of each application made by any prospective tenant. Upon any complaint of a violation of this section, the Consumer Protection Unit of the Attorney General's office shall investigate the same, shall interview tenants of the landlord and shall, under appropriate search warrant, have the right to investigate all records of the landlord pertaining to applications made within the preceding 6 months. If such investigation reveals good cause for the Attorney General's office to believe there has been a violation of this section, the Attorney General's office may issue such cease and desist orders in accordance with Chapter 25 of Title 29 as are required to remedy the violation. 70 Del. Laws, c. 513, §  2;  77 Del. Laws, c. 282, §  15;  79 Del. Laws, c. 57, §  2;
25 DE Code § 5311. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 53. Landlord Obligations and Tenant Remedies|§ 5311. Fees.

§ 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 from electing, subject to the landlord's acceptance, to purchase an optional surety bond instead of or in combination with a security deposit. 70 Del. Laws, c. 513, §  2;  79 Del. Laws, c. 57, §  3;
25 DE Code § 5313. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 53. Landlord Obligations and Tenant Remedies|§ 5313. Unlawful ouster or exclusion of tenant.

§ 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 agreement. The tenant may also recover treble the damages sustained or an amount equal to 3 times the per diem rent for the period of time the tenant was excluded from the unit, whichever is greater, and the costs of the suit excluding attorneys' fees. 70 Del. Laws, c. 513, §  2;
25 DE Code § 5314. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 53. Landlord Obligations and Tenant Remedies|§ 5314. Tenant's right to early termination.

§ 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 remaining obligations as soon as is practicable. (b) Upon 30 days' written notice, which 30-day period shall begin on the first day of the month following the day of actual notice, the tenancy may be terminated:  (1) By the tenant, whenever a change in location of the tenant's employment with the tenant's present employer requires a change in the location of the tenant's residence in excess of 30 miles; (2) By the tenant, whenever the serious illness of the tenant or the death or serious illness of a member of the tenant's immediate family, residing therein, requires a change in the location of the tenant's residence on a permanent basis; (3) By the tenant, when the tenant is accepted for admission to a senior citizens' housing facility, including subsidized public or private housing, or a group or cooperative living facility or retirement home; (4) By the tenant, when the tenant is accepted for admission into a rental unit subsidized by a governmental entity or by a private nonprofit corporation, including subsidized private or public housing; (5) By the tenant who, after the execution of such rental agreement, enters the military service of the United States on active duty; (6) By a tenant who is the victim of domestic abuse, sexual offenses, stalking, or a tenant who has obtained or is seeking relief from domestic violence or abuse from any court, police agency, or domestic violence program or service; or (7) By the surviving spouse or personal representative of the estate of the tenant, upon the death of the tenant.70 Del. Laws, c. 513, §  2;  75 Del. Laws, c. 293, §  2;
25 DE Code § 5315. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 53. Landlord Obligations and Tenant Remedies|§ 5315. Taxes paid by tenant; setoff against rent; recovery from owner.

§ 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 or other demand of the owner for the use, or profits, of such premises. If there is no rent or other demand sufficient to cover the sum so paid or levied, the tenant or other person may demand and recover the same from the owner, with costs. This provision shall not affect any contract between the landlord and tenant. 25 Del. C. 1953, §  6502;  58 Del. Laws, c. 472, §  1;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 513, §  7;
25 DE Code § 5501. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 55. Tenant Obligations and Landlord Remedies|§ 5501. Tenant obligations; rent.

§ 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 and place agreed to by the parties. Unless otherwise agreed, the entire rent shall be payable at the beginning of any term for 1 month or less, while 1 month's rent shall be payable at the beginning of each month of a longer term. (c) Except for purposes of payment, rent shall be uniformly apportioned from day to day. (d) Where the rental agreement provides for a late charge payable to the landlord for rent not paid at the agreed time, such late charge shall not exceed 5 percent of the monthly rent. A late charge is considered as additional rent for the purposes of this Code. The late charge shall not be imposed within 5 days of the agreed time for payment of rent. The landlord shall, in the county in which the rental unit is located, maintain an office or other permanent place for receipt of payments, where rent may be timely paid. Failure to maintain such an office, or other permanent place of payment where rent may be timely paid, shall extend the agreed on time for payment of rent by 3 days beyond the due date. (e) If a landlord accepts a cash payment for rent, the landlord shall, within 15 days, give to the tenant a receipt for that payment. The landlord shall, for a period of 3 years, maintain a record of all cash receipts for rent. 70 Del. Laws, c. 513, §  3;
25 DE Code § 5502. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 55. Tenant Obligations and Landlord Remedies|§ 5502. Landlord remedies for failure to pay rent.

§ 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 tenant in writing that unless payment is made within a time mentioned in such notice, to be not less than 5 days after the date notice was given or sent, the rental agreement shall be terminated. If the tenant remains in default, the landlord may thereafter bring an action for summary possession of the dwelling unit or any other proper proceeding, action or suit for possession. (b) A landlord or the landlord's agent may bring an action for rent alone at any time after the landlord has demanded payment of past-due rent and has notified the tenant of the landlord's intention to bring such an action. This action may include late charges, which have accrued as additional rent. (c) If a tenant pays all rent due before the landlord has initiated an action against the tenant and the landlord accepts such payment without a written reservation of rights, the landlord may not then initiate an action for summary possession or for failure to pay rent. (d) If a tenant pays all rent due after the landlord has initiated an action for nonpayment or late payment of rent against the tenant and the landlord accepts such payment without a written reservation of rights, then the landlord may not maintain that action for past due rent. 70 Del. Laws, c. 513, §  3;