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, shall be unenforceable insofar as the agreement or any provision thereof conflicts with any provision of this Code, and is not expressly authorized herein.
The following arrangements are not governed by this Code: (1) Residence at an institution, if incidental to detention or the provision of medical, geriatric, educational, counseling, religious or similar service; (2) Occupancy under a contract of sale of a dwelling unit if the occupant is the purchaser; (3) Occupancy by a member of a fraternal or social organization in the portion of a structure operated for the benefit of the organization; (4) Transient occupancy in a hotel, motel or lodging; (5) Occupancy by an employee of a landlord as a manager or custodian whose right to occupancy is conditional upon employment; (6) Occupancy in a structure operated for the benefit of a nonprofit organization; (7) Occupancy by a purchaser under a conditional sales agreement.
The Justice of the Peace Court shall have jurisdiction over all matters arising under this Code, concurrent with the Court of Common Pleas, except as otherwise provided in this Code.
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.
The landlord or any person authorized to enter into a rental agreement on the landlord's behalf shall disclose to the tenant in writing at or before the commencement of the tenancy: (1) The name and address of the person authorized to manage the premises; and (2) The name and address of the owner of the premises or a person authorized to act on behalf of the owner. The information required to be furnished by this section shall be kept current and shall be furnished to the tenant upon written request.
Unless the rental agreement provides otherwise or is subject to a fixed term, the tenancy shall be month to month. The landlord or tenant may terminate a month-to-month tenancy by giving the other party written notice at least 60 days prior to the termination date. If the tenant remains in possession after expiration of the rental agreement, the landlord may bring an action for possession.
If the landlord proposes to modify the terms of a rental agreement upon its renewal, including any increase in rent, the landlord shall give the tenant written notice of the proposed modification at least 60 days before the end of the current rental agreement term.
In any civil action arising under this Code, the court may award reasonable attorneys' fees to the prevailing party.
If the court as a matter of law finds a rental agreement or any provision thereof was unconscionable when made, the court may refuse to enforce the rental agreement, enforce the remainder of the rental agreement without the unconscionable provision, or so limit the application of any unconscionable provision as to avoid any unconscionable result. If unconscionability is put in issue by a party, the parties shall be afforded a reasonable opportunity to present evidence as to the setting, purpose and effect of the rental agreement or settlement to aid the court in making the determination.
No landlord or agent thereof shall discriminate against a tenant or prospective tenant by refusing to rent, sublease, assign or by canceling any existing rental agreement, by reason of the tenant's race, creed, religion, marital status, color, sex, sexual orientation, gender identity, national origin, disability, age, source of income, or occupation, or because the tenant or prospective tenant has a child or children in the family.
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 fails to provide the summary, the tenant may plead ignorance of the law as a defense.
Key definitions include: 'Dwelling unit' means a structure or part of a structure used as a home or residence by one or more persons who maintain a household. 'Landlord' means the owner, lessor or sublessor of the dwelling unit, and the agent or successor of any of them. 'Premises' means a dwelling unit and the structure of which it is a part, and facilities and appurtenances therein, and grounds, areas and facilities held out for the use of tenants generally. 'Rent' means all payments to be made to the landlord under the rental agreement. 'Rental agreement' means all agreements, written or oral, and valid rules and regulations adopted pursuant to section 5141, embodying the terms and conditions concerning the use and occupancy of a dwelling unit and premises. 'Security deposit' means a deposit of money made to the landlord as security for damage to the premises and for the payment of rent. 'Tenant' means a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others.
A landlord may charge a prospective tenant an application fee. The application fee shall not exceed 10% of the monthly rent or $50, whichever is greater. The application fee may be used by the landlord to check the prospective tenant's credit and background. Landlords may not charge separate credit check fees.
The landlord shall: (1) Comply with requirements of applicable building and housing codes materially affecting health and safety; (2) Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition; (3) Keep all common areas of the premises in a clean and safe condition; (4) Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances, including elevators, supplied or required to be supplied by the landlord; (5) Provide and maintain appropriate receptacles for removal of ashes, garbage, rubbish and other waste and arrange for their removal; (6) Supply running water and reasonable amounts of hot water at all times and reasonable heat.
The tenant shall: (1) Comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety; (2) Keep that part of the premises that the tenant occupies and uses as clean and safe as the condition of the premises permit; (3) Dispose from the tenant's dwelling unit all ashes, rubbish, garbage and other waste in a clean and safe manner; (4) Keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits; (5) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances in the premises; (6) Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or permit any person to do so; (7) Conduct themselves and require other persons on the premises with the tenant's consent to conduct themselves in a manner that will not disturb neighbors' peaceful enjoyment of the premises.
A landlord may adopt rules or regulations concerning the tenant's use and occupancy of the premises. A rule or regulation is enforceable against the tenant only if: (1) Its purpose is to promote the convenience, safety or welfare of the tenants; (2) It is reasonably related to the purpose for which it is adopted; (3) It applies to all tenants in the premises in a fair manner; (4) It is sufficiently explicit in its prohibition or direction to fairly inform the tenant of what the tenant must or must not do to comply; (5) It is not for the purpose of evading the obligations of the landlord; and (6) The tenant has notice of it at the time of entering into the rental agreement. A rule adopted after the tenant enters into the rental agreement is enforceable if reasonable notice is given and it does not work a substantial modification of the rental agreement.
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Effective: non-evasive and tenant had prior notice. Post-lease rules require reasonable notice and may not substantially modify the lease.
The tenant shall not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen or contractors. The landlord may enter the dwelling unit without consent of the tenant in case of emergency. The landlord shall not abuse the right of access or use it to harass the tenant. Except in cases of emergency, or where it is impracticable to do so, the landlord shall give the tenant at least 48 hours notice of the landlord's intent to enter and enter only at reasonable times.
If a landlord fails to comply with section 5301 and the reasonable cost of compliance is less than the lesser of one-half the monthly rent or $200, the tenant may notify the landlord in writing of the tenant's intention to correct the condition at the landlord's expense. If the landlord fails to comply within 15 days after written notice, or as promptly as conditions require in case of an emergency, the tenant may cause the work to be done in a workmanlike manner and deduct from the tenant's rent the actual and reasonable cost, not to exceed the amount specified.
A landlord shall not abuse the right of access or use it to harass the tenant. Repeated demands for entry or entry without required notice that has the effect of harassing the tenant shall entitle the tenant to obtain injunctive relief and to recover actual damages not less than an amount equal to 1 month's periodic rent.
If there is a material noncompliance by the landlord with the rental agreement or with section 5301, the tenant may deliver a written notice to the landlord specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than 7 days after receipt of the notice if the breach is not remedied in 7 days. The rental agreement shall not terminate if the landlord adequately remedies the breach before the date specified in the notice. The tenant may not terminate for a condition caused by the deliberate or negligent act or omission of the tenant.
A landlord may charge a reasonable late fee for the failure of a tenant to pay rent when due. The late fee shall not exceed 5% of the monthly rental payment and shall not be imposed until the rent is 5 days past due.
If the tenant fails to pay rent when due, the landlord may deliver a written notice to the tenant demanding payment of rent within 5 days. If the tenant does not pay within the 5-day period, the landlord may terminate the rental agreement and bring an action for possession.
If the landlord deliberately or negligently fails to supply heat, running water, hot water, electricity, gas or other essential services, the tenant may give written notice to the landlord specifying the breach and then: (1) Procure reasonable amounts of the missing services and deduct their actual and reasonable cost from the rent; or (2) Recover damages based upon the diminution in the fair rental value of the dwelling unit; or (3) Procure reasonable substitute housing during the period of the landlord's noncompliance, in which case the tenant is excused from paying rent for the period. In addition the tenant may recover the actual and reasonable value of substitute housing not to exceed the contract rent.
If the dwelling unit or premises are damaged or destroyed by fire or casualty to an extent that enjoyment of the dwelling unit is substantially impaired, the tenant may: (1) Immediately vacate the premises and notify the landlord within 14 days of the tenant's intention to terminate the rental agreement; or (2) If continued occupancy is lawful, vacate any part of the dwelling unit rendered unusable and the tenant's liability for rent is reduced in proportion to the diminution in the fair rental value. If the rental agreement is terminated, the landlord shall return all security recoverable by the tenant under section 5514.
If the landlord unlawfully removes or excludes the tenant from the premises or willfully diminishes services to the tenant by interrupting electric, gas, water or other essential services, the tenant may recover possession or terminate the rental agreement and, in either case, recover an amount not more than 3 months' periodic rent or treble the actual damages sustained, whichever is greater.
Except as provided in this chapter, if there is a material noncompliance by the tenant with the rental agreement or with section 5302, the landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than 7 days after delivery of the notice if the breach is not remedied in 7 days. The rental agreement shall not terminate if the tenant adequately remedies the breach before the date specified in the notice.
The right of the landlord of distress for rent is hereby abolished, except as otherwise provided herein. Unless perfected before the effective date of this Code, no lien on behalf of the landlord in the personal property and possessions of the tenant shall be enforceable, except as otherwise provided herein.
A landlord shall not retaliate against a tenant by increasing rent, decreasing services, or bringing or threatening to bring an action for possession if: (1) The tenant has complained to a governmental agency charged with responsibility for enforcement of a building or housing code of a violation applicable to the premises materially affecting health and safety; (2) The tenant has complained to the landlord of a violation under section 5301; or (3) The tenant has organized or become a member of a tenant's union or similar organization. If the landlord acts in violation of this section, the tenant is entitled to recover damages and obtain injunctive relief. The presumption of retaliation arises if the landlord acts within 90 days of the tenant's protected activity.
In an action for possession based upon nonpayment of rent or in an action for rent when the tenant is in possession, if the landlord is not in compliance with the rental agreement or section 5301, the tenant may raise the landlord's noncompliance as a defense. The court may order the tenant to pay undisputed rent into the court and shall determine the amount due to each party.
If the rental agreement is terminated, the landlord shall have a claim for possession and for rent. The landlord may also have a separate claim for actual damages for breach of the rental agreement, including reasonable costs of reletting the premises.
A landlord shall not require a security deposit in excess of 1 month's periodic rent for a rental agreement of 1 year or more. There is no statutory cap for month-to-month tenancies but any amount collected in excess of 1 month's rent during the first year must be refunded. All security deposits shall be deposited in a federally insured interest-bearing account in a bank in the State of Delaware. The landlord shall disclose the name and location of the bank where the security deposit is held. The landlord shall return the security deposit to the tenant within 20 days after termination of the rental agreement and delivery of possession. If the landlord wrongfully withholds any portion of the security deposit, the landlord shall be liable to the tenant for double the amount wrongfully withheld plus court costs and attorneys' fees. A landlord may require a pet deposit not to exceed 1 month's periodic rent in addition to the security deposit.
A landlord shall not take adverse action against a tenant based solely on the fact that the tenant or a member of the tenant's household is or has been a victim of domestic violence, sexual offense, or stalking. A tenant who is a victim of domestic violence, sexual offense, or stalking may terminate the rental agreement by giving the landlord written notice and documentation of the status as a victim. No adverse action may be taken against a tenant within 90 days of a domestic violence incident.
A rental agreement may not provide that: (1) The tenant agrees to waive or forgo rights or remedies under this Code; (2) The tenant agrees to pay the landlord's attorneys' fees; (3) The tenant agrees to exculpate or limit the liability of the landlord arising under law; (4) The landlord may accelerate rent; or (5) The tenant waives the right to a jury trial. Any such prohibited provision included in a rental agreement is void and unenforceable.
A landlord may bring a summary possession action in Justice of the Peace Court when: (1) A tenant fails to pay rent after a 5-day written notice; (2) A tenant fails to cure a lease violation after a 7-day written notice; (3) A tenant remains in possession after expiration of the rental agreement and a 60-day notice to vacate; or (4) A tenant has materially breached the rental agreement in a manner that cannot be cured.
The court shall issue a summons commanding the tenant to appear not less than 2 nor more than 5 days from the date of the summons. The landlord shall serve the summons and complaint on the tenant by personal service or by leaving a copy at the tenant's last and usual place of abode. If a judgment for possession is entered, the court shall issue a writ of possession directing the constable or sheriff to remove the tenant.
A landlord shall not take possession of a dwelling unit by self-help, including the removal of doors, windows or locks, the shutoff of utilities or other essential services, or the removal of the tenant's personal property, without a court order. A landlord who violates this section shall be liable to the tenant for actual damages and a civil penalty.
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