After a Fire
25 Del. C. § 5309 — a home made unusable by fire, moved out of with notice in 1 week, or rent cut by the lost part
When fire or another casualty substantially impairs the use of the unit, and the tenant's household did not cause it, the tenant may:
- Move out at once and notify the landlord in writing of the choice within 1 week after leaving, ending the agreement as of that day.
- Where staying is lawful, stop using the unusable part, with the rent reduced in proportion to the lost value.
If the agreement ends, the landlord returns the security deposit, any pet deposit and prepaid rent, apart from what the code lets the landlord keep, counted as of the date of the fire.
A tenant who leaves without the written notice owes rent until the landlord learns of it. A particular loss is a question for a licensed Delaware attorney.
Sources for this section (1)
- 25 Del. C. § 5309 — Fire and casualty damage; landlord obligation and tenant remedies
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Delaware attorney.