Delaware
TITLE 25
Property
Residential Landlord-Tenant Code
CHAPTER 51. GENERAL PROVISIONS
Subchapter I. Rights, Obligations and Procedures, Generally
§ 5101. 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. (70 Del. Laws, c. 513, § 1; 70 Del. Laws, c. 186,
§ 1.)
§ 5102. 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 retains ownership
or title thereto, or obtains title to existing improvement on the property. (70 Del.
Laws, c. 513, § 1.)
§ 5103. 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. (70 Del.
Laws, c. 513, § 1; 70 Del. Laws, c. 186, § 1.)
Property
Residential Landlord-Tenant Code
CHAPTER 51. GENERAL PROVISIONS
Subchapter I. Rights, Obligations and Procedures, Generally
§ 5101. 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. (70 Del. Laws, c. 513, § 1; 70 Del. Laws, c. 186,
§ 1.)
§ 5102. 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 retains ownership
or title thereto, or obtains title to existing improvement on the property. (70 Del.
Laws, c. 513, § 1.)
§ 5103. 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. (70 Del.
Laws, c. 513, § 1; 70 Del. Laws, c. 186, § 1.)
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