25 Del. C. ch. 53 § 5301
Landlord obligation; rental agreement
Operative Text
(a) A rental agreement shall not provide that a tenant: (1) Agrees to waive or forego rights or remedies under this Code. (2) Authorizes any person to confess judgment on a claim arising out of the rental agreement. (3) Agrees to the exculpation or limitation of any liability of the landlord arising under law or to indemnify the landlord for that liability or the costs connected therewith. (4) Must declaw a cat as a condition of a rental agreement. (b) A provision prohibited by subsection (a) of this section which is included in the rental agreement is unenforceable. If a landlord attempts to enforce provisions of a rental agreement known by the landlord to be prohibited by subsection (a) of this section the tenant may bring an action to recover an amount equal to 3 months rent, together with costs of suit but excluding attorneys’ fees.
Under 25 Del. C. ch. 53 § 5301, Delaware law voids certain clauses that landlords might otherwise try to include in residential rental agreements. Specifically, a rental agreement cannot strip tenants of their legal rights or remedies, allow anyone to confess judgment against a tenant, shield a landlord from liability, or require a tenant to declaw a cat as a condition of renting. Any such clause is automatically unenforceable, and a landlord who knowingly tries to enforce one faces a civil remedy equal to three months' rent plus court costs.
Plain English — not legal advice.
Operators subject to 25 Del. C. ch. 53 § 5301 generally review their lease templates to ensure no clause attempts to waive tenant statutory rights, authorize confession of judgment, limit landlord liability, or condition tenancy on a cat being declawed. Because the statute renders such provisions void regardless of whether a tenant signs them, including them in a lease provides no legal benefit and exposes the landlord to a damages claim of three months' rent plus court costs if enforcement is attempted. Compliant operators typically work with qualified legal counsel to audit lease language against Delaware's prohibited-provision list before using any agreement.
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. 53 § 5301, tenants in Delaware have the right to treat certain lease clauses as legally void from the outset, even if they signed an agreement containing them — including clauses waiving statutory rights, authorizing confession of judgment, limiting landlord liability, or requiring cat declawing. If a landlord knowingly attempts to enforce one of these prohibited provisions, the statute provides a path to bring a court action seeking damages equal to three months' rent plus court costs. Tenants who believe a landlord is relying on a prohibited clause may consider consulting a tenant-rights organization or legal aid provider to understand the options available under this provision.
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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