Delaware § 5301 Landlord obligation; rental agreement

Delaware Statutes

§ 5301 — Landlord obligation; rental agreement

Delaware § 5301

Title25

PartResidential Landlord-Tenant Code

Ch. 53LANDLORD OBLIGATIONS AND TENANT REMEDIES

This text of Delaware § 5301 (Landlord obligation; rental agreement) is published on Counsel Stack Legal Research, covering Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Del. Code tit. 25, § 5301 (2026).

Text

(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, toget

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(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.