Delaware Rules and Regulations Concerning Occupancy of Cooperative Apartment
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FAQ
Tenant Rights to Withhold Rent in DelawareTenants may withhold rent or exercise the right to "repair and deduct" if a landlord fails to take care of important repairs, such as a broken heater.
Delaware Uniform Common Interest Ownership Act ("DUCIOA"), codified in Chapter 81 of Title 25 of the Delaware Code, governs all common interest communities (planned communities, condominiums, cooperatives, and subdivisions) created after September 30, 2009, unless otherwise exempted.
§ 81-101. Short title. This chapter shall be known and may be cited as the Delaware Uniform Common Interest Ownership Act or DUCIOA.
HOA INFORMATION AND DOCUMENTSThe association's CC&Rs must be recorded with the county land records to be enforceable.
Whether the tenant's lease/rental agreement is weekly, monthly, or fixed-term, a Delaware landlord must provide all tenants a 60-days' written eviction notice to vacate the premises.
(l) Area for sleeping purposes. Every room occupied for sleeping purposes by 1 occupant shall contain at least 64 square feet of floor area. (m) Overcrowding.
The Consumer Protection Unit of the Attorney General's Office has the power to enforce the provisions of the Residential Landlord Tenant Code. Suspected violations of the Code should be reported to the Unit by calling 577-3250 or 1-800-220-5424.
Delaware does not currently enforce or prohibit rent control policies. As it stands, landlords are free to charge what they want in rental prices. Rental increases. Landlords must provide 60 days' notice before raising rental prices, and the tenant has 15 days to accept or refuse.
Delaware Uniform Common Interest Ownership Act ("DUCIOA"), codified in Chapter 81 of Title 25 of the Delaware Code, governs all common interest communities (planned communities, condominiums, cooperatives, and subdivisions) created after September 30, 2009, unless otherwise exempted.
Tenant's Remedies: If the landlord fails to keep the rental unit in proper condition, the tenant has a right to withhold rent until repairs are made. The tenant has the right to make repairs to the rental unit, and then deduct those costs from the rent. 25 Del.
