Delaware Default Remedy Clause

State:
Multi-State
Control #:
US-OL14031
Format:
Word; 
PDF
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Description

This office lease form is a standard default remedy clause, providing for the collection of the difference between the rent due and owing under the lease and the rents collected in the event of mitigation.

The Delaware Default Remedy Clause is a legal provision that is commonly included in contracts and agreements governed by Delaware law. This clause outlines the remedies available to parties in the event of a default, breach, or other violation of the agreement. One type of Delaware Default Remedy Clause is the "Traditional Default Remedy Clause." This clause typically provides the non-breaching party with the option to terminate the agreement and seek damages as a result of the default. It may also allow the non-breaching party to pursue specific performance, which requires the breaching party to fulfill their contractual obligations. Another type is the "Equitable Default Remedy Clause." This clause is designed to provide equitable relief to the non-breaching party in case of a default. Equitable remedies often include injunctions, restraining orders, and other non-monetary forms of relief. This type of clause is usually included in agreements where monetary damages may not adequately compensate the non-breaching party. The "Cure Period Default Remedy Clause" is another variation. This clause grants the breaching party a specified period of time to cure the default before the non-breaching party can exercise their remedies. The cure period allows the breaching party an opportunity to rectify the default and maintain the agreement. Delaware law grants parties the freedom to negotiate and customize the Default Remedy Clause according to their specific needs. However, it is crucial to ensure that the clause complies with Delaware statutory and common law requirements, including providing reasonable and fair remedies. Consulting legal counsel is recommended to draft an effective Delaware Default Remedy Clause that protects the rights and interests of all parties involved.

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§ 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.

Section 5507 - 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 ...

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.

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.

Raising Rent ? Landlords in Delaware may increase the rent to any amount for any reason with a 60-day notice. Notice of Entry ? Delaware requires a 48-hour notice from the landlord before entering the unit or property.

§ 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.

(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 ...

State Laws: When a Guest Legally Becomes a Tenant StateRules on Guests Becoming TenantsColoradoGuests become tenants after 14 days in 6 monthsConnecticutGuests become tenants after 14 days in 6 monthsDelawareNo official cutoff. Landlord must specify guests and tenants in lease47 more rows ?

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(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 ... (2) If the lessor or the lessee is in default under the lease contract, the party seeking enforcement has rights and remedies as provided in this Article and, ...Sep 20, 2017 — RIGHT TO CURE A DEFAULT. You can cure a default by paying the lender missed payments, plus fees and costs before acceleration of the mortgage. Nov 22, 2018 — Below, we (a) review the general subject of “efforts” clauses (including the principal variations) and the approach taken in Delaware, (b) ... by T ARNOLD · Cited by 11 — The black letter law in the U.S. is that money damages are the preferred remedy for contract breach and that specific performance is reserved for. Jul 22, 2014 — U.C.C. § 9-609(a)(2) authorizes a secured party after default to disable equipment. The agreement should expand this authorization to cover non- ... by J Manns · 2020 · Cited by 5 — Incomplete contract theory recognizes that contracts cannot be comprehensive and that state law necessarily has to fill in gaps when conflicts ... As a result of the Specified Default, the indebtedness evidenced by the Loan Documents immediately is due and payable, and Lender has the right, pursuant to the ... Jan 19, 2022 — Lenders often resist attempts by debtors to reinstate debt without payment of the “make-whole,” arguing their claims are “impaired” for purposes ... Jul 6, 2011 — A. The Parties agree jointly to file this agreement with the United States District. Court for the District of Delaware. The joint motion ...

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Delaware Default Remedy Clause