This office lease form describes a tenant's self-help right dealing with its inability to utilize the premises due to a failure of an essential service or the failure of the landlord to comply with the laws, to maintain the building or to provide a service.
Delaware Tenant Self-Help Right
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State:
Multi-State
Control #:
US-OL13022
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Word;
PDF
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How to fill out Tenant Self-Help Right?
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FAQ
Tenant Rights to Withhold Rent in Delaware Tenants 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.
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.
Early termination by tenant If the tenant wishes to terminate the lease early, they have to give a notice period of 60 days. For more information on Delaware Landlord Tenant laws please visit their website here.
§ 5514. Security deposit. (a) (1) A landlord may require the payment of security deposit. (2) No landlord may require a security deposit in excess of 1 month's rent where the rental agreement is for 1 year or more.
§ 5106. 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.
Rental agreements for period longer than one (1) year must be in writing. (§5106) Unless a rental agreement is in writing, it will not be effective for any longer than one (1) year. An agreement that has no term will be for a term of month to month.
Delaware landlords cannot raise rent during the lease term unless the lease agreement allows for it. Additionally, if the rental property is a mobile home, rent increases are limited to once per year. Landlords must provide 60 days' notice before raising rent, and for mobile homes, a 90-day notice is required.
§ 5308. Essential services; landlord obligation and tenant remedies. (2) Upon written notice to the landlord, keep 2/3 per diem rent accruing during any period when hot water, heat, water, electricity or equivalent substitute housing is not supplied.
