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2023 Delaware Code › Title 25 - Property › Chapter 53. LANDLORD OBLIGATIONS AND TENANT REMEDIES › § 5301. Landlord obligation; rental agreement.

§ 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 exculpation or limitation of any liability of the landlord arising under law or to indemnify the landlord for that liability or the costs connected therewith.
(4) Must declaw a cat as a condition of a rental agreement.
(b) A provision prohibited by subsection (a) of this section which is included in the rental agreement is unenforceable. If a landlord attempts to enforce provisions of a rental agreement known by the landlord to be prohibited by subsection (a) of this section the tenant may bring an action to recover an amount equal to 3 months rent, together with costs of suit but excluding attorneys' fees.
70 Del. Laws, c. 513, §  2;  83 Del. Laws, c. 512, § 1;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 Delaware Code › Title 25 - Property › Chapter 55. TENANT OBLIGATIONS AND LANDLORD REMEDIES › § 5503. Tenant obligations relating to rental unit; waste.

§ 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 tenant occupies and uses as clean and safe as the conditions of the premises permit;
(3) Dispose from the rental unit all ashes, rubbish, garbage and other organic or flammable waste, in a clean and safe manner;
(4) Keep all plumbing fixtures used by the tenant as clean and safe as their condition permits;
(5) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating and other facilities and appliances in the premises;
(6) Not wilfully or wantonly destroy, deface, damage, repair or remove any part of the structure or rental unit or the facilities, equipment or appurtenances thereto, nor permit any person on the premises with the tenant's permission to do any such thing;
(7) Not remove or tamper with a properly functioning smoke detector installed by the landlord, including removing any working batteries, so as to render the smoke detector inoperative;
(8) Not remove or tamper with a properly functioning carbon monoxide detector installed by the landlord, including removing any working batteries, so as to render the carbon monoxide detector inoperative; and
(9) Comply with all covenants, rules, requirements and the like which are in accordance with §§ 5511 and 5512 of this title; and which the landlord can demonstrate are reasonably necessary for the preservation of the property and persons of the landlord, other tenants or any other person.
70 Del. Laws, c. 513, §  3;  79 Del. Laws, c. 52, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 55. TENANT OBLIGATIONS AND LANDLORD REMEDIES › § 5504. Defense to an action for waste.

§ 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 repair, alteration or replacement:
(1) Is one which a prudent owner of an estate in fee simple absolute of the affected property would be likely to make in view of the conditions existing on or in the neighborhood of the affected property; or
(2) Has not reduced the market value of the reversion or other interest of the plaintiff; and
(3) If the conditions set forth in paragraph (a)(1) or (a)(2) of this section exist, and the landlord makes a demand that the tenant posts security to protect against a failure to complete the proposed work, and against any responsibility for expenditures incident to the making of such proposed repairs, alterations or replacements as the court demands.
(b) This section shall not be interpreted to bar an action for damages for breach of a written rental agreement nor bar an action or summary proceeding based on breach of a written rental agreement.
70 Del. Laws, c. 513, §  3;
2023 Delaware Code › Title 25 - Property › Chapter 55. TENANT OBLIGATIONS AND LANDLORD REMEDIES › § 5505. Tenant's obligation relating to defective conditions.

§ 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 the tenant to the landlord as soon as is practicable. The tenant shall be responsible for any liability or injury resulting to the landlord as a result of the tenant's failure to timely report such condition.
(b) A tenant on whom a complaint in ejectment or an action against the premises is served shall immediately notify the landlord in writing.
(c) The provisions of this section shall not apply where the landlord has actual notice of the defective condition.
70 Del. Laws, c. 513, §  3;
2023 Delaware Code › Title 25 - Property › Chapter 55. TENANT OBLIGATIONS AND LANDLORD REMEDIES › § 5506. Tenant obligation; notice of extended absence.

§ 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;
2023 Delaware Code › Title 25 - Property › Chapter 55. TENANT OBLIGATIONS AND LANDLORD REMEDIES › § 5507. Landlord remedies for absence or abandonment.

§ 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, the tenant shall indemnify the landlord for any harm resulting from such absence.
(b) The landlord may, during any extended absence of the tenant, enter the rental unit as is reasonably necessary for inspection, maintenance and safekeeping.
(c) Unless otherwise agreed to in the rental agreement, the tenant shall use the rental unit only as the tenant's abode. A violation of this covenant shall constitute the breach of a rule under § 5511 of this title, and shall entitle the landlord to proceed as specified elsewhere in this chapter.
(d) If the tenant wrongfully quits the rental unit and unequivocally indicates by words or deeds the tenant's intention not to resume tenancy, such action by the tenant shall entitle the landlord to proceed as specified elsewhere in this chapter and the tenant shall be liable for the lesser of the following for such abandonment:
(1) The entire rent due for the remainder of the term and expenses for actual damages caused by the tenant (other than normal wear and tear) which are incurred in preparing the rental unit for a new tenant; or
(2) All rent accrued during the period reasonably necessary to re-rent the premises at a fair rental; plus the difference between such fair rental and the rent agreed to in the prior rental agreement; plus expenses incurred to re-rent; repair damage caused by the tenant (beyond normal wear and tear); plus a reasonable commission, if incurred by the landlord for the re-renting of the premises. In any event, the landlord has a duty to mitigate damages.
(e) If there is no appeal from a judgment granting summary possession under subsection (c) or (d) of this section, the landlord may immediately remove and store, at the tenant's expense, any and all items left on the premises by the tenant. Seven days after the appeal period has expired, the property shall be deemed abandoned and may be disposed of by the landlord without further notice or liability.
70 Del. Laws, c. 513, §  3;
2023 Delaware Code › Title 25 - Property › Chapter 55. TENANT OBLIGATIONS AND LANDLORD REMEDIES › § 5508. Landlord remedies; restrictions on subleasing and assignments.

§ 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 agreement in any manner. The rental agreement may restrict the tenant's right to sublease the premises by conditioning such right on the landlord's consent. Such consent shall not be unreasonably withheld.
(c) In any proceeding under this section to determine whether or not consent has been unreasonably withheld, the burden of showing reasonableness shall be on the landlord.
70 Del. Laws, c. 513, §  3;
2023 Delaware Code › Title 25 - Property › Chapter 55. TENANT OBLIGATIONS AND LANDLORD REMEDIES › § 5509. Tenant obligation to permit reasonable access.

§ 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 agreed to or exhibit the rental unit to prospective purchasers, mortgagees or tenants. A tenant shall have the right to install a new lock at the tenant's cost, on the condition that:
(1) The tenant notifies the landlord in writing and supplies the landlord with a key to the lock;
(2) The new lock fits into the system already in place; and
(3) The lock installation does not cause damage to the door.
(b) The landlord shall not abuse this right of access nor use it to harass a tenant. The landlord shall give the tenant at least 48 hours' notice of landlord's intent to enter, except for repairs requested by the tenant, and shall enter only between 8:
00 a.m. and 9:
00 p.m. As to prospective tenants or purchasers only, the tenant may expressly waive in a signed addendum to the rental agreement or other separate signed document the requirement that the landlord provide 48 hours' notice prior to the entry into the premises. In the case of an emergency the landlord may enter at any time.
(c) The tenant shall permit the landlord to enter the rental unit at reasonable times in order to obtain readings of meters or appliances for measurement of utility consumption in accordance with § 5312 of this title.
70 Del. Laws, c. 513, §  3;
2023 Delaware Code › Title 25 - Property › Chapter 55. TENANT OBLIGATIONS AND LANDLORD REMEDIES › § 5510. Landlord remedy for unreasonable refusal to allow access.

§ 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 has unreasonably withheld access to the rental unit.
(b) The landlord shall be liable to the tenant for any theft, casualty or other harm proximately resulting from an entry into the rental unit by landlord, its employees or agents or with landlord's permission or license:
(1) When the tenant is absent and has not specifically consented to the entry;
(2) Without the tenant's actual consent when tenant is present and able to consent; and
(3) In any other case, where the harm suffered by the tenant is due to the landlord's negligence.
(c) Repeated demands for unreasonable entry or any actual entry which is unreasonable and not consented to by the tenant may be treated by the tenant as grounds for termination of the rental agreement. Any court of competent jurisdiction may issue an injunction against such unreasonable demands on behalf of 1 or more tenants.
(d) Every agreement or understanding between a landlord and a tenant which purports to exempt the landlord from any liability imposed by this section, except consent to a particular entry, shall be null and void.
70 Del. Laws, c. 513, §  3;
2023 Delaware Code › Title 25 - Property › Chapter 55. TENANT OBLIGATIONS AND LANDLORD REMEDIES › § 5511. Rules and regulations; tenant obligations.

§ 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 tenant's use, occupation and maintenance of the rental unit, appurtenances thereto and the property of which the rental unit is a part, if:
(1) Such obligations and restrictions promote the health, safety, quiet, private enjoyment or welfare, peace and order of the tenants; promote the preservation of the landlord's property from abuse; and promote the fair distribution of services and facilities provided for all tenants generally; and
(2) Such obligations and restrictions are brought to the attention of the tenant at the time of the tenant's entry into the agreement to occupy the rental unit; and
(3) Such obligations and restrictions are reasonably related to the purpose for which they are promulgated; and
(4) Such obligations and restrictions apply to all tenants of the property in a fair manner; and
(5) Such obligations and restrictions are sufficiently explicit in the prohibition, direction or limitation of the tenant's conduct to fairly inform tenant of what tenant must or must not do to comply; and
(6) Such obligations or restrictions, if not made known to the tenant at the commencement of tenancy, are brought to the attention of the tenant and if said obligations work a substantial modifications of the lease agreement they have been consented to in writing by tenant.
(b) All tenants and other guests of the premises with the consent of tenant shall conduct themselves in a manner that does not unreasonably interfere with the peaceful enjoyment of the other tenants.
70 Del. Laws, c. 513, §  3;
2023 Delaware Code › Title 25 - Property › Chapter 55. TENANT OBLIGATIONS AND LANDLORD REMEDIES › § 5512. Rules and regulations relating to certain buildings; landlord remedies.

§ 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 terminated immediately upon notice to the tenant for a tenant's material violation of a regulation which has been given to a tenant at the time of contract or lease, and in cases where there is no written lease, either 15 days after written notice to the tenant of a breach of the covenant of quiet enjoyment of similar conduct, or 30 days after written notice for any other reason, and the landlord shall be entitled to bring a proceeding for possession where:
(1) The building is the primary residence of the landlord; and
(2) No more than 3 rooms in the building are rented to tenants; and
(3) No more than 3 tenants occupy such building.
70 Del. Laws, c. 513, §  3;  83 Del. Laws, c. 203, § 2;
2023 Delaware Code › Title 25 - Property › Chapter 55. TENANT OBLIGATIONS AND LANDLORD REMEDIES › § 5513. Landlord remedies relating to breach of rules and covenants.

§ 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 remedy or correction of the breach. This section shall not apply to late payment of rent which is covered under § 5502 of this title.
(1) Such notice shall substantially specify the rule allegedly breached and advise the tenant that, if the violation continues after 7 days, the landlord may terminate the rental agreement and bring an action for summary possession. Such notice shall also state that it is given pursuant to this section, and if the tenant commits a substantially similar breach within 1 year, the landlord may rely upon such notice as grounds for initiating an action for summary possession. The issuance of a notice pursuant to this section does not establish that the initial breach of the rental agreement actually occurred for purposes of this section.
(2) If the tenant's breach can be remedied by the landlord, as by cleaning, repairing, replacing a damaged item or the like, the landlord may so remedy the tenant's breach and bill the tenant for the actual and reasonable costs of such remedy. Such billing shall be due and payable as additional rent, immediately upon receipt.
(3) If the tenant's breach of a rule or covenant also constitutes a material breach of an obligation imposed upon tenants by a municipal, county or state code, ordinance or statute, the landlord may terminate the rental agreement and bring an action for summary possession.
(b) When a breach by a tenant causes or threatens to cause irreparable harm to any person or property, or the tenant is convicted of a class A misdemeanor or felony during the term of the tenancy which caused or threatened to cause irreparable harm to any person or property, the landlord may, without notice, remedy the breach and bill the tenant as provided in subsection (a) of this section; immediately terminate the rental agreement upon notice to the tenant and bring an action for summary possession; or do both.
(c) Upon notice to tenant, the landlord may bring an action or proceeding for waste or for breach of contract for damages suffered by the tenant's wilful or negligent failure to comply with tenant's responsibilities under § 5512 of this title. The landlord may request a forthwith summons.
70 Del. Laws, c. 513, §  3;
2023 Delaware Code › Title 25 - Property › Chapter 55. TENANT OBLIGATIONS AND LANDLORD REMEDIES › § 5515. Landlord's remedies relating to holdover tenants.

§ 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 rental agreement expires, as provided herein or by the exercise by the landlord of a right to terminate given the landlord under any section of this Code, if the tenant continues in possession of the premises after the date of termination without the landlord's consent, such tenant shall pay to the landlord a sum not to exceed double the monthly rental under the previous agreement, computed and pro-rated on a daily basis, for each day the tenant remains in possession for any period. In addition, the holdover tenant shall be responsible for any further losses incurred by the landlord as determined by a proceeding before any court of competent jurisdiction.
70 Del. Laws, c. 513, §  3;
2023 Delaware Code › Title 25 - Property › Chapter 55. TENANT OBLIGATIONS AND LANDLORD REMEDIES › § 5517. Preference of rent in cases of execution.

§ 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 sequestration, the goods and chattels shall be liable for 1 year's rent of the premises in arrear, or growing due, at the time of the seizure, in preference to such process; accordingly the landlord shall be paid such rent, not exceeding 1 year's rent, out of the proceeds of the sale of such goods and chattels, before anything shall be applicable to such process.
(2) The sheriff, or other officer, who sells the goods and chattels of a tenant upon process of execution, attachment or sequestration shall at least 10 days before such sale give written notice of the time and place thereof to the landlord, if residing in the county, and if not, to any known agent of the landlord in the county.
25 Del. C. 1953, §  6501;  58 Del. Laws, c. 472, §  1;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 513, §  8;
2023 Delaware Code › Title 25 - Property › Chapter 56. Right to Legal Representation in Evictions and Other Landlord-Tenant Actions [Effective Nov. 22, 2023]. › § 5601. Definitions [Effective Nov. 22, 2023].

§ 5601. Definitions [Effective Nov. 22, 2023].
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 proceeding” means any of the following:
a. A judicial or administrative proceeding to evict, terminate the tenancy of, or terminate the housing subsidy of a covered individual.
b. A proceeding deemed by a designated organization as the functional equivalent of a proceeding described in paragraph (3)a. of this section.
c. A judicial or administrative proceeding to remedy a violation of law related to landlord-tenant matters, such as retaliatory actions, habitability, illegal eviction, or violation of quiet use and enjoyment.
(4) “Designated organization” means a nonprofit entity designated by the Attorney General that has the ability to provide legal representation to covered individuals.
(5) a. “Legal representation” means ongoing high-quality representation provided by a designated organization to a covered individual, and all legal advice, advocacy, and assistance associated with that representation.
b. “Legal representation” includes all of the following:
1. The filing of a notice of appearance on behalf of the covered individual in a covered proceeding.
2. Representation of covered individuals by nonattorneys, if the Rules of the Delaware Supreme Court permit the representation.
84 Del. Laws, c. 112, § 1;
2023 Delaware Code › Title 25 - Property › Chapter 56. Right to Legal Representation in Evictions and Other Landlord-Tenant Actions [Effective Nov. 22, 2023]. › § 5603. Right to Representation Coordinator duties [Effective Nov. 22, 2023].

§ 5603. Right to Representation Coordinator duties [Effective Nov. 22, 2023].
(a) The Coordinator shall manage the contracts awarded by the Attorney General under § 5604 of this title.
(b) The Coordinator shall conduct outreach, engagement, and education events and activities regarding the rights in this chapter and may enter into contracts or issue grants to fulfill the Coordinator's duty under this section. Subject to the availability of appropriate funding, the education events and activities must include all of the following:
(1) Hosting in-person and virtual know-your-rights trainings and other workshops for tenants, rental property owners, and property managers.
(2) Distributing written information to tenants and providing landlords with the written information that must be distributed to tenants.
(3) Outreach to tenants regarding how to form and maintain tenant associations.
(4) Referring tenants to designated organizations as appropriate.
84 Del. Laws, c. 112, § 1;
2023 Delaware Code › Title 25 - Property › Chapter 56. Right to Legal Representation in Evictions and Other Landlord-Tenant Actions [Effective Nov. 22, 2023]. › § 5604. Attorney General powers and duties [Effective Nov. 22, 2023].

§ 5604. Attorney General powers and duties [Effective Nov. 22, 2023].
(a) The Attorney General, within the limits of an appropriation from the General Assembly, shall designate and contract with 1 or more designated organizations to provide the services required under this chapter and shall provide each designated organization contracted with under this chapter with fair and just compensation to allow each designated organization to provide an organizational structure with appropriate supervision, caseloads, and oversight of staff and service delivery to promote high-quality legal representation and legal work.
(b) The Attorney General may adopt rules and regulations to implement this chapter.
84 Del. Laws, c. 112, § 1;
2023 Delaware Code › Title 25 - Property › Chapter 56. Right to Legal Representation in Evictions and Other Landlord-Tenant Actions [Effective Nov. 22, 2023]. › § 5605. Annual report [Effective Nov. 22, 2023].

§ 5605. Annual report [Effective Nov. 22, 2023].
(a) Not later than August 31 of each year, each designated organization shall report to the Coordinator information on services provided in conformity with requirements developed by the Coordinator.
(b) Not later than November 30 of each year, the Coordinator shall prepare a report, which must be approved by the Attorney General and include information from the prior fiscal year regarding all of the following:
(1) The number of covered individuals served.
(2) The extent of legal representation performed.
(3) Metrics on evaluating outcomes.
(4) The engagement and education of tenants.
(5) The number of covered individuals who have previously been represented in covered proceedings.
(6) Metrics on the level of experience of Justice of the Peace Court Form 50 agents, as authorized by Delaware Supreme Court Rule 57, who litigate against represented tenants, including the number of previous entries of appearance by each agent in a 12-month period, and the number of units owned by the entity being represented by the agent as documented on Justice of the Peace Court Form 50, if available. Justice of the Peace Court Form 50 is to be updated to include an optional field that requests the number of units owned or managed by the entity.
(7) The Justice of the Peace Court's experience with the process.
(8) A full accounting of expenditures by the Attorney General and Right to Representation Coordinator under this chapter.
(c) The annual report must be posted on the Attorney General's website.
84 Del. Laws, c. 112, § 1;