Residential Rental Lease Agreement
TITLE 25
Property
PART III
RESIDENTIAL LANDLORD-TENANT CODE
CHAPTER 51. GENERAL PROVISIONS
Subchapter I. Rights, Obligations and
Procedures, Generally.
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, 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 unenforceability shall
not affect other provisions of the agreement which can be given effect
without the void provision.
(b) Any rental agreement for a commercial rental unit is excluded
from this Code. All legal rights, remedies and obligations under any agreement
for the rental of any commercial rental unit shall be governed by general
contract principles; and only Chapter 57 of Title 25 and Part IV of Title
25 shall have any application to commercial rental agreements. Title
25, Chap. 51, § 5101
Exclusions from application of this Code.
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 residence is merely incidental to detention or to the provision of
medical, geriatric, educational, counseling, religious or similar services,
including (but not limited to) prisons, student housing provided by a college
or school, old-age homes, nursing homes, homes for unwed mothers, monasteries,
nunneries and hospitals.
(2) Residence by a member of a fraternal organization in a structure
operated for the benefit of the organization.
(3) Residence in a hotel, motel, cubicle hotel or other similar
lodgings.
(4) Nonrenewable rental agreements of 120 days or less for any calendar
year for a dwelling located within the boundaries of Broadkill Hundred,
Lewes-Rehoboth Hundred, Indian River Hundred and Baltimore Hundred.
(5) A rental agreement for ground upon which improvements were constructed
or installed by the tenant and used as a dwelling, where the tenant retainsownership
or title thereto, or obtains title to existing improvement on the property.
Title 25, Chap. 51, § 5102
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 himself, herself or
itself or such person's personal representative to the jurisdiction of
the courts of this State as to any action or proceeding for the enforcement
of an obligation arising under this Code. Title 25, Chap 51, § 5103
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.
Title 25, Chap. 51, § 5104
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 of their appointed resident agents;
and/or
(2) The names and usual business addresses of any person who would
be deemed a landlord of the unit pursuant to § 5141(12) of this title.
(b) Where there is a written rental agreement, the landlord
shall provide a copy of such written rental agreement to the tenant, free
of charge. In the case of an oral agreement, the landlord shall, on demand,
furnish the tenant with a written statement containing the information
required by subsection (a) of this section.
(c) Any owner or resident agent not dealing with the tenant
as a landlord shall be responsible for compliance with this section by
the landlord and may not take advantage of any failure to serve process
upon such owner or resident agent in any proceeding arising under this
Code where such failure is due to the owner or resident agent's failure
to comply with this section. Title 25, Chap. 51, § 5105
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 month-to-month term.
(c) The landlord may terminate any rental agreement, other
than month-to-month agreements, by giving a minimum of 60 days' written
notice to the tenant prior to the expiration of the term of the rental
agreement. The notice shall indicate that the agreement shall terminate
upon its expiration date. A tenant may terminate a rental agreement by
giving a minimum of 60 days' written notice prior to the expiration of
the term of the rental agreement that the agreement shall terminate upon
its expiration date.
(d) Where the term of the rental agreement is month-to-month,
the landlord or tenant may terminate the rental agreement by giving the
other party a minimum of 60 days' written notice, which 60-day period shall
begin on the 1st day of the month following the day of actual notice.
(e) With regard to a tenant occupying a federally-subsidized
housing unit, in the event of any conflict between the terms of this Code
and the terms of any federal law, regulations or guidelines, the terms
of the federal law, regulations or guidelines shall control. Titel 25,
Chap. 51, § 5106
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 that the agreement shall be renewed subject to amended
or modified provisions, including, but not limited to, amended provisions
relating to the length of term or the amount of security deposit or rent.
Such notice shall specify the modified or amended provisions, the amount
of any rent or security deposit and the date on which any modifications
or amendments shall take effect.
(b) After receipt of such notice from the landlord, unless
the tenant notifies the landlord of the tenant's intention to terminate
the existing rental agreement a minimum of 45 days prior to the last day
of the term, the provisions of the amended or modified rental agreement
shall be deemed to have been accepted and agreed to by the tenant, and
the terms of the lease, as amended, shall take full force and effect.
(c) If the tenant rejects the modified terms or provisions
set forth in a notice of renewal given under this section, then the rejected
notice of renewal shall be considered an effective termination notice.
(d) The terms of subsections (a) through (c) of this section
shall not be applicable where the tenant's rent and security deposit are
a function of the tenant's income in accordance with any form of regulations
or guidelines of the United States Department of Housing and Urban Development
(HUD); in the event that they are a function of income, the regulations
and guidelines established by HUD with regard to the determination and
future adjustments of a tenant's rent and security deposit shall govern.
With regard to a tenant's occupying HUD-subsidized units, in the event
of any conflict between the terms of this Code and the terms of any HUD
regulation or guideline, the terms of a HUD regulation or guideline shall
control. Title 25, Chap. 51, § 5107
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 not give notice in writing to the tenant of landlord's
intention to terminate the rental agreement and the tenant does not give
45 days' notice to the landlord of tenant's intention to terminate the
rental agreement, the term shall be month-to-month, and all other terms
of the rental agreement shall continue in full force and effect.
(b) The provisions of § 5107(a) through (c) of this title
shall control if a notice of renewal with modifications has been sent.
(c) With regard to a tenant occupying a federally-subsidized
housing unit, in the event of any conflict between the terms of this Code
and the terms of any federal law, regulations or guidelines, the terms
of the federal law, regulations or guidelines shall control. Title 25,
Chap. 51, § 5108
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, agreements, covenants and undertakings by the other
party.
(b) A party undertaking to remedy a breach by the other party
in accordance with this Code shall be deemed to have complied with the
terms of this Code if their noncompliance with the exact instructions of
this Code is nonmaterial and nonprejudicial to the other party. Title 25,
Chap. 51, § 5109
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
the same effect as if it had been signed by the landlord.
(b) If the tenant does not sign a written rental agreement
which has been signed and tendered to the tenant by the landlord, acceptance
of possession and payment of rent by the tenant, without reservation, shall
give to the rental agreement the same effect as if it had been signed by
the tenant.
(c) Where a rental agreement which has been given effect by
the operation of this section provides by its terms for a term longer than
1 year, it shall operate to create only a 1-year term. Title 25, Chap.
51, § 5110
Attorney's fees prohibited.
No provision in a rental agreement providing for the recovery of
attorney's fees by either party in any suit, action or proceeding arising
from the tenancy shall be enforceable. Title 25, Chap. 51, § 5111
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 statute, order or rule. The
last day of the period so computed shall be included, unless it is a Saturday,
Sunday or a legal holiday, in which event the period runs until the end
of the next day which is not a Saturday, Sunday or a legal holiday. When
the period of time prescribed or allowed is less than 7 days, intermediate
Saturdays, Sundays and legal holidays shall be excluded from the
computation. Title 25, Chap. 51, § 5112
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 adult person residing therein; and upon the landlord by
leaving a copy thereof at the landlord's address as set forth in the lease
or as otherwise provided by landlord with an adult person residing therein,
or with an agent or other person in the employ of the landlord whose responsibility
it is to accept such notice. If the landlord is an artificial entity,
pursuant to Supreme Court Rule 57, service of the notice or process may
be made by leaving a copy thereof at its office or place of business as
set forth in the lease with an agent authorized by appointment or by law
to receive service of process.
(b) In lieu of personal service or service by copy of the
notice or process required by this Code, a copy of such notice or process
may be sent by registered or certified mail or 1st-class mail as evidenced
by a certificate of mailing postage-prepaid, addressed to the tenant at
the leased premises, or to the landlord at the landlord's business address
as set forth in the lease or as otherwise provided by landlord, or if the
landlord is an artificial entity, pursuant to Supreme Court Rule 57, at
its office or place of business. The return receipt of the notice, whether
signed, refused or unclaimed, sent by registered or certified mail, or
the certificate of mailing if sent by 1st-class mail, shall be held and
considered to be prima facie evidence of the service of the notice or process.
(c) In the alternative, service of notice or process may also
be obtained by 1 of the following 2 alternatives:
1) Posting of the notice on the rental unit, when combined with
a return receipt or certificate of mailing; or
(2) Personal service by a special process-server appointed by the
Court. Title 25, Chap. 51, § 5113
Notice; contractual notice between the parties.
(a) 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 question,
such person has reason to know that it exists. Title 25, Chap. 51, §
5114
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 demonstrates to the Court that the landlord has
caused substantial or irreparable harm to the tenant's person
or property, the Justice of the Peace Court shall issue a forthwith summons
to expedite the Court's consideration of the allegations. Title 25, Chap.
51, § 5115
Fair housing provisions.
(a) No person, being an owner or agent of any real estate,
house, apartment or other premises, shall refuse or decline to rent, subrent,
sublease, assign or cancel any existing rental agreement to or of any tenant
or any person by reason of race, creed, religion, marital status, color,
sex, national origin, disability, age or occupation or because the tenant
or person has a child or children in the family.
(b) No person shall demand or receive a greater sum as rent
for the use and occupancy of any premises because the person renting or
desiring to rent the premises is of a particular race, creed, religion,
marital status, color, sex, national origin, disability, age or occupation
or has a child or children in the family.
(c) In the event of discrimination under this section, the
tenant may recover damages sustained as a result of the landlord's action,
including, but not limited to, reasonable expenditures necessary to obtain
adequate substitute housing.
(d) Notwithstanding subsection (a) of this section relating
to age discrimination, and consistent with federal and state fair housing
acts, a landlord may make rental units available exclusively for rental
by senior citizens. A senior citizen rental unit shall be available for
rent solely to senior citizens, without regard to race, creed, religion,
marital status, color, sex, national origin, disability or occupation of
the senior citizen and without regard to whether or not the senior citizen
has a dependent child or children in the residence. Title 25, Chap. 51,
§ 5116
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 satisfaction of any judgment obtained by the landlord
for rental arrearage or unlawful destruction of property, the wages of
the judgment debtor may be attached in the manner provided by law. Title
25, Chap. 51, § 5117
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 fails to provide the summary, the tenant may
plead ignorance of the law as a defense. Title 25, Chap. 51, § 5118
[Reserved.]. Title 25, Chap. 51, § 5119
[Reserved.]
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 possessions
of the tenant shall be enforceable, except as otherwise provided herein.
Title 25, Chap. 51, § 5120 (25 Del. C. 1953, § 6103;
58 Del. Laws, c. 472, § 1; 70
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. Title 25, Chap. 51, §5121
Subchapter II. Definitions
Definitions.
The following words, terms and phrases, when used in this Part,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
(1) "Action" shall mean any claim advanced in a court proceeding
in which rights are determined.
(2) "Building and housing codes" shall include any law, ordinance
or governmental regulation concerning fitness for habitation or the construction,
maintenance, operation, occupancy, use or appearance of any premises or
dwelling unit.
(3) "Certificate of mailing" shall mean United States Postal Form
No. 3817, or its successor.
(4) "Commercial rental unit" shall mean any lot, structure or portion
thereof, which is occupied or rented solely or primarily for commercial
or industrial purposes.
(5) "Disabled or handicapped" person shall have the same meaning
as found in the Americans with Disabilities Act (1992) as amended.
(6) "Equivalent substitute housing" shall mean a rental unit of
like or similar location, size, facilities and rent.
(7) "Extended absence" shall mean any absence of more than 7 days.
(8) "Forthwith summons" shall mean any summons requiring the personalappearance
of a party or person(s)at the earliest convenience of the court.
(9) "Good faith dispute" shall mean the manifestation of an honest
difference of opinion relating to the rights of the parties to a rental
agreement pursuant to such agreement, or pursuant to this Code.
(10) "Holdover" or "holdover tenant" shall mean a tenant who wrongfully
retains possession or who wrongfully exercises control of the rental unit
after the expiration or termination of the rental agreement.
(11) "Injunction" shall mean a court order prohibiting a party from
doing an act or restraining a party from continuing an act.
(12) "Landlord" shall mean:
a. The owner, lessor or sub-lessor of the rental unit or the property
of which it is a part and, in addition, shall mean any person authorized
to exercise any aspect of the management of the premises, including any
person who, directly or indirectly, receives rents or any part thereof
other than as a bona fide purchaser and who has no obligation to deliver
the whole of such receipts to another person; or
b. Any person held out by any landlord as the appropriate party
to accept performance, whether such person is a landlord or not;
or
c. Any person with whom the tenant normally deals as a landlord;
or
d. Any person to whom the person specified in subparagraphs b. and
c. of this paragraph is directly or ultimately responsible.
(13) "Legal holiday" shall mean any date designated as a legal holiday
under § 501 of Title 1.
(14) "Local government unit" shall mean a political subdivision
of this State, including, but not limited to, a county, city, town or other
incorporated community or subdivision of the subdivision providing local
government service for residents in a geographically limited area of the
State as its primary purpose, and has the power to act primarily on behalf
of the area.
(15) "Month to month" shall mean a renewable term of 1 month.
(16) "Normal wear and tear" shall mean the deterioration in the
condition of a property or premises by the ordinary and reasonable use
of such property or premises.
(17) a. "Owner" shall mean 1 or more persons, jointly or severally,
in whom is vested:
1. All or part of the legal title to property; or
2. All or part of the beneficial ownership, usufruct and a right
to present use and enjoyment of the premises.
b. The word "owner" shall include a mortgagee in possession.
(18) "Person" shall include an individual, artificial entity pursuant
to Supreme Court Rule 57, government or governmental agency, business trust,
2 or more persons having a joint or common trust or any other legal or
commercial entity.
(19) "Pet deposit" shall mean any deposit made to a landlord by
a tenant to be held for the term of the rental agreement, or any part thereof,
for the presence of an animal in a rental unit.
(20) "Premises" shall mean a rental unit and the structure of which
it is a part, and the facilities and appurtenances therein, grounds, areas
and facilities held out for the use of tenants generally, or whose use
is contracted for between the landlord and the tenant.
(21) "Rental agreement" shall mean and include all agreements, written
or oral, which establish or modify the terms, conditions, rules, regulations
or any other provisions concerning the use and occupancy of a rental unit.
(22) "Rental unit," "dwelling unit" or "dwelling place" shall mean
any house, building, structure, or portion thereof, which is occupied,
rented or leased as the home or residence of 1 or more persons.
(23) "Security deposit" shall mean any deposit, exclusive of a pet
deposit, given to the landlord which is to be held for the term of the
rental agreement or for any part thereof.
(24) "Senior citizen" shall mean any person, 62 years of age or
older, regardless of the age of such person's spouse.
(25) "Support animal" shall mean any animal individually trained
to do work or perform tasks to meet the requirements of a disabled person,
including, but not limited to, minimal protection work, rescue work, pulling
a wheelchair or retrieving dropped items.
(26) "Tenant" shall mean a person entitled under a rental agreement
to occupy a rental unit to the exclusion of others, and the word "tenant"
shall include an occupant of any premises pursuant to a conditional sales
agreement.
(27) "Utility services" shall mean water, sewer, electricity or
fuel. Title 25, Chap. 51, § 5141
CHAPTER 53. LANDLORD OBLIGATIONS AND TENANT REMEDIES
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.
(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. Title 25, Chap. 51, § 5301
(70 Del. Laws, c. 513, § 2.)
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 1st
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. Title 25, Chap. 51, § 5302
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. Title
25, Chap. 51, § 5303
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 monies 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 if such proceeding and substitute housing expenditures
may be claimed from the rent in the manner specified in subsection (a)(2)
of this section. Title 25, Chap. 51, § 5304
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.
Title 25, Chap. 51, § 5305
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.
Title 25, Chap. 51, § 5306
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 $200, or one-half 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. Title 25, Chap. 51, § 5307
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 the tenant's bargain in violation of the rental agreement; or in violation
of a provision of this Code; or in violation of an applicable housing code
and such failure continues for 48 hours or more, after the tenant gives
the landlord actual or written notice of the failure, the tenant may:
(1) Upon written notice of the continuation of the problem to the
landlord, immediately terminate the rental agreement; or
(2) Upon written notice to the landlord, keep two-thirds per diem
rent accruing during any period when hot water, heat, water, electricity
or equivalent substitute housing is not supplied. The landlord may avoid
this liability by a showing of impossibility of performance.
(b) If the tenant has given the notice required under subsection
(a) of this section and remains in the rental unit and the landlord still
fails to provide water, hot water, heat and electricity to the rental unit
as specified in the applicable city or county housing code in violation
of the rental agreement, the tenant may:
(1) Upon written notice to the landlord, immediately terminate
the rental agreement; or
(2) Upon notice to the landlord, procure equivalent substitute housing
for as long as heat, water, hot water or electricity is not supplied, during
which time the rent shall abate, and the landlord shall be liable for any
additional expense incurred by the tenant, up to one half of the amount
of abated rent. This additional expense shall not be chargeable to the
landlord if landlord is able to show impossibility of performance; or .
(3) Upon written notice to the landlord, tenant may withhold two-thirds
per diem rent accruing during any period when hot water, heat, water or
equivalent substitute housing is not supplied.
(c) Rent withholding does not act as a bar to the subsequent
recovery of damages by a tenant if those damages exceed the amount withheld.
(d) Where a landlord files an action for summary possession,
claiming that a tenant has wrongfully withheld rent or deducted money from
rent under this section and the court so finds, the landlord shall be entitled
to receive from the tenant either possession of the premises or an amount
of money equal to the amount wrongfully withheld ("damages") or, if the
court finds the tenant acted in bad faith, an amount of money equal to
double the amount wrongfully withheld ("double damages"). In the event
the court awards damages or double damages and court costs excluding attorneys'
fees, then the court shall issue an order requiring such damages or double
damages to be paid by the tenant to the landlord within 10 days from the
date of the court's judgment. If such damages are not paid in accordance
with the court's order, the judgment for damages or double damages, together
with court costs, shall become a judgment for the amount withheld, plus
summary possession, without further notice to the tenant. Title 25, Chap.
51, § 5308
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 pre-paid 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. Title 25, Chap. 51, §
5309
"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,
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, 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 § 2517 of Title 29 as are required
to remedy the violation. Title 25, Chap. 51, § 5310
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. Title 25, Chap. 51, § 5311
Metering and charges for utility services.
(a) A landlord may install, operate and maintain meters or
other appliances for measurement to determine the consumption of utility
services by each rental unit. Only if the rental agreement so provides,
and in compliance with this section, may a landlord charge a tenant separately
for the utility services as measured by such meter or other appliance.
With the exception of metering systems already in use prior to July 17,
1996, a landlord shall not separately charge a tenant for any utility service,
unless such utility service is separately metered. The metering system
may be inspected by and must be approved by the Division of Weights
and Measures.
(b) No landlord shall require that any tenant contract directly
with the provider of a utility service for service to a tenant or to a
rental unit, unless such rental unit is separately metered. No landlord
who purchases utility services in bulk shall charge any tenant individually
for utility services, unless such utility services are either individually
metered or the cost of such services is included as part of each monthly
rental payment, as provided for in the rental agreement.
(c) A landlord who charges a tenant separately for utility
services under this section shall not charge the tenant an amount for such
services which exceeds the actual cost of the utility service as determined
by the cost of the service charged by the provider to the landlord or to
any company owned in whole or in part by the landlord.
(d) Any tenant who is charged and who pays for utility services
separately to the landlord shall be entitled to inspect the bills and records
upon which such charges were calculated, during the landlord's regular
business hours at the landlord's regular business office. A landlord shall
retain such bills and records for 1 year from the date upon which tenants
were billed.
(e) Charges for utility services made by a landlord to a tenant
shall be considered rent for all purposes under this Code. With respect
to security deposits, and unless the rental agreement otherwise provides,
the rights and obligations of the parties as to payment and nonpayment
of utility charges shall be enforced in the same manner as the rights and
obligations of the parties relating to payment and nonpayment of rent.
A landlord shall not discontinue or terminate utility service for nonpayment
of rent, utility charges or other breach.
(f) A landlord who charges separately for utilities in accordance
with this section shall bill the tenant for such charges not less frequently
than monthly, and shall use reasonable efforts to obtain actual readings
of meters or appliances for measurements, which readings shall reasonably
coincide with the landlord's bulk billing. If, despite reasonable effort,
a landlord is unable to obtain an actual reading, the landlord may estimate
the tenant's utility consumption and bill the tenant for such estimated
amount; provided however, that a landlord may not send more than 2 consecutive
estimated billings. Notwithstanding the foregoing, an actual reading shall
be made upon the commencement of the lease and at the expiration or termination
of the lease.
(g)
(1) A landlord, upon request by a tenant, shall cause to
be examined or tested the meter or appliance for measurement. If the meter
or appliance so tested or examined is found to be accurate within commercially
reasonable limits, the costs and expenses of such test or examination shall
be paid by the tenant as additional rent; but if the meter or appliance
is found to be not accurate, then such costs and expenses shall be borne
by the landlord, who shall forthwith replace the inaccurate meter or other
appliance.
(2) In addition to those rights and powers vested by law in the
Consumer Protection Unit of the Attorney General's office or its successor
agency, the Attorney General's office may enter, by and through its agents,
experts or examiners, upon any premises for the purpose of making the examination
and tests provided for in this section, and may set up and use on such
premises any apparatus and appliances necessary therefor.
(h) A landlord who installs, operates and maintains meters
or other appliances for measurement and who bills tenants separately for
utilities, shall not be deemed a public utility, nor shall the Public Service
Commission have any authority, power or jurisdiction over such landlords
or their practices in connection with the installation, operation and maintenance
of meters or other appliances for measurement, the reading of meters, calculation
and determination of charges for utility services or otherwise. The Consumer
Protection Unit of the Attorney General's office shall have authority to enforce this section. Title 25,
Chap. 51, § 5312
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. Title 25, Chap. 51, § 5313
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 1st 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; or
(6) By the surviving spouse or personal representative of the estate
of the tenant, upon the death of the tenant. Title 25, Chap. 51, §
5314
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. Title 25, Chap. 51, § 5315
CHAPTER 55. TENANT OBLIGATIONS AND LANDLORD REMEDIES
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 permanentplace
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. Title 25, Chap. 51, § 5501
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. Title
25, Chap. 51, § 5502
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; and
(7) 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. Title 25, Chap. 51, § 5503
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 (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. Title
25, Chap. 51, § 5504
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. Title 25, Chap.
51, § 5505
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. Title 25, Chap.
51, § 5506
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. Title 25, Chap.
51, § 5507
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. Title 25, Chap. 51, § 5508
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. Title 25, Chap. 51, § 5509
