25 Del. C. ch. 51 § 5111
Attorneys’ fees prohibited
Operative Text
No provision in a rental agreement providing for the recovery of attorneys’ fees by either party in any suit, action or proceeding arising from the tenancy shall be enforceable.
Under 25 Del. C. ch. 51 § 5111, any clause in a Delaware residential rental agreement that would allow either the landlord or the tenant to recover attorneys' fees from the other side in litigation related to the tenancy is void and unenforceable. The law applies equally to both parties, meaning neither side can contractually shift legal costs to the other through a lease provision. This rule operates regardless of how the attorneys' fees clause is worded in the agreement.
Plain English — not legal advice.
Operators subject to 25 Del. C. ch. 51 § 5111 generally review their lease templates to ensure no attorneys' fees clause is included, since such provisions cannot be enforced against tenants in Delaware. A compliant lease omits language purporting to make the losing party—or the tenant specifically—responsible for the other side's legal costs. Including such a clause does not create an enforceable right and may signal to courts or regulators that the agreement contains impermissible terms.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 25 Del. C. ch. 51 § 5111, a lease clause requiring you to pay a landlord's attorneys' fees if a dispute goes to court has no legal force in Delaware. If a landlord attempts to rely on such a clause in a suit or proceeding, tenants can raise the provision's unenforceability as a defense in that proceeding. Tenant-rights organizations in Delaware can provide general information about how this protection applies in practice.
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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