What a Lease Cannot Say
25 Del. C. § 5301 — no waiver of the code, no confession of judgment, no attorneys' fees, and no late fee over 5%
- A waiver of the tenant's rights or remedies under the code.
- An authorization for anyone to confess judgment against the tenant.
- A release of the landlord's liability, or a promise to indemnify the landlord for it.
- A requirement to declaw a cat.
Any of these is unenforceable, and a landlord who knowingly tries to enforce one owes the tenant an amount equal to 3 months' rent. A lease term giving either side its attorneys' fees in a tenancy case is unenforceable too.
Late fees. A late charge may not exceed 5 percent of the monthly rent, and may not be imposed within 5 days of the date rent is due. A cash payment gets a receipt within 15 days.
Apart from optional services actually provided, such as a pool, a landlord may not charge any nonrefundable fee as a condition of occupancy.
A particular lease is a question for a licensed Delaware attorney.
Sources for this section (4)
- 25 Del. C. § 5301 — Landlord obligation; rental agreement
- 25 Del. C. § 5111 — Attorneys’ fees prohibited
- 25 Del. C. § 5501 — Tenant obligations; rent
- 25 Del. C. § 5311 — Fees
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Delaware attorney.