25 Del. C. ch. 51 § 5124
Rights and responsibilities guide for landlords and tenants
Operative Text
(a) For purposes of this section: (1) “Guide” means the informational guide under § 2925A of Title 24, which contains information about the rights and responsibilities of landlords and tenants. (2) “Real estate service provider” means as defined in § 2902 of Title 24. (b) As provided under subsection (c) of this section, a landlord or real estate service provider shall provide the guide to a prospective tenant entering into a landlord-tenant relationship governed under Part III of this title. (c) (1) The guide must be provided before a prospective tenant enters into the rental agreement. (2) The prospective tenant shall acknowledge receipt of the guide under paragraph (c)(1) of this section. (3) The landlord or real estate service provider shall provide the guide to a tenant at each time a rental agreement is renewed, if the renewal is for a term of 1 or more years. (4) The acknowledgement under paragraph (c)(2) of this section and the guide may be in electronic or paper format. (d) (1) An individual may reference the guide for informational purposes during a legal proceeding. Except as provided in paragraph (d)(2) of this section, there is no legal cause of action against any individual based on outdated or incorrect information contained in the guide. (2) An individual may have an equitable defense for good faith reliance on the information provided in the guide. (e) The guide is deemed to be a statutorily required form under § 2912(a)(11) of Title 24. (f) A violation of subsection (b) of this section is deemed an unlawful practice under § 2513 of Title 6 and a violation of subchapter II of Chapter 25 of Title 6. (g) If a landlord or real estate service provider is required to a make a disclosure or provide a document under other law, provision of the guide containing the same document or disclosure is not sufficient to satisfy that requirement, unless permitted by law.
Under 25 Del. C. ch. 51 § 5124, Delaware law requires landlords and real estate service providers to give prospective tenants an official informational guide—covering landlord and tenant rights and responsibilities—before any rental agreement is signed. The guide must also be re-provided at each lease renewal lasting one year or more, and the tenant must acknowledge receipt in writing or electronically. While the guide can be referenced in legal proceedings, it does not by itself create a cause of action for outdated or incorrect content, though a tenant may raise good-faith reliance on it as an equitable defense.
Plain English — not legal advice.
Under 25 Del. C. ch. 51 § 5124, compliant landlords and real estate service providers deliver the state-issued rights-and-responsibilities guide to every prospective tenant before the rental agreement is executed, and again at each renewal of one year or more. Operators retain a signed or electronically acknowledged receipt from the tenant each time the guide is provided, creating a clear record of compliance. Failing to provide the guide is classified as an unlawful practice under Delaware consumer protection law, so maintaining consistent documentation practices is a standard part of lease administration in Delaware.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 5124 of Title 25 of the Delaware Code gives prospective tenants the right to receive the official landlord-tenant rights-and-responsibilities guide before signing any rental agreement, and again whenever a lease is renewed for a year or longer. If a landlord or real estate service provider fails to provide the guide, that omission may constitute an unlawful practice under Delaware law, which can open enforcement or complaint avenues. Tenants who relied in good faith on information in the guide may also be able to raise that reliance as an equitable defense in a legal proceeding; tenant-rights organizations in Delaware can help explain what options may be available in a given situation.
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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