25 Del. C. ch. 51 § 5101
Applicability of Code
Operative Text
(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. (c) This Code shall apply to any relationship between parties arising by law under a conditional sales agreement which has been converted to a landlord/tenant agreement by operation of § 314(d)(3) of this title, but shall not apply to any other conditional sales agreement.
Section 5101 of Delaware's Residential Landlord-Tenant Code establishes the scope of the law, making it the governing framework for all residential rental agreements in Delaware regardless of where those agreements were signed. Any clause in a rental agreement—written or oral—that conflicts with the Code is unenforceable, though the rest of the agreement remains intact. Commercial rental units are explicitly excluded from the Code's coverage and are instead governed by general contract law and specific chapters of Title 25. The Code also extends to certain landlord-tenant relationships that arise when a conditional sales agreement is converted under § 314(d)(3) of Title 25.
Plain English — not legal advice.
Under 25 Del. C. § 5101, operators of residential rental properties in Delaware are bound by the Residential Landlord-Tenant Code regardless of where a lease was drafted or signed. Compliant landlords generally ensure that their lease terms do not include provisions that conflict with the Code, since any such conflicting clause would be void and unenforceable even if a tenant signed the agreement. Landlords managing commercial properties operate under a separate legal framework—general contract principles and the applicable chapters of Title 25—rather than this Code.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 5101 of the Delaware Residential Landlord-Tenant Code means that tenants in residential rental units are protected by the Code's standards even if a lease contains language that attempts to waive or limit those protections. A conflicting lease provision does not eliminate a tenant's rights under the Code; tenants may raise the unenforceability of such a clause as a defense in a dispute or complaint proceeding. Tenants seeking to understand how this provision applies to their situation may consult a local tenant-rights organization or legal aid office familiar with Delaware housing law.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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