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Delaware Code Title 25. Property § 5301. Landlord obligation;  rental agreement

Current as of January 01, 2026 | Updated by Findlaw Staff

(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.

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Cite this article: FindLaw.com - Delaware Code Title 25. Property § 5301. Landlord obligation;  rental agreement - last updated January 01, 2026 | https://codes.findlaw.com/de/title-25-property/de-code-sect-25-5301/

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