25 Del. C. ch. 71 § 7114
Modification or waiver of chapter
Operative Text
(a) Except as otherwise provided in this section, any provision in a lease or other agreement which waives or modifies any provision of this chapter shall be void and unenforceable as against public policy. An owner and tenant may, however, agree to a modification or waiver of some or all of the protections afforded to the tenant pursuant to this chapter; provided, however: (1) The modification or waiver is encompassed in a written contract which is separate from the lease; (2) The modification or waiver is voluntarily entered into without duress; (3) The modification or waiver is entered into with full understanding of this chapter, the terms of any contract to which the modification or waiver applies, and the modification or waiver itself; (4) The modification or waiver is for adequate consideration. (b) In any action involving a modification or waiver, the owner shall have the burden of proof to establish that the requirements of this chapter and of this section have been met.
Section 7114 of Delaware's Residential Landlord-Tenant Code establishes that any lease clause attempting to waive or modify tenant protections under Chapter 71 is automatically void and unenforceable as a matter of public policy. However, the law carves out a narrow exception: an owner and tenant may mutually agree to modify or waive some or all of those protections, but only if the agreement is in a separate written contract, entered into voluntarily and without duress, made with full understanding of the chapter and the terms involved, and supported by adequate consideration. If a dispute arises over such a modification or waiver, the burden falls on the owner—not the tenant—to prove that all of these requirements were satisfied.
Plain English — not legal advice.
Under 25 Del. C. § 7114, operators who seek to modify or waive any Chapter 71 tenant protections must do so through a standalone written agreement that is entirely separate from the lease itself. Compliant operators ensure that any such agreement is documented as voluntarily executed, reflects that the tenant had full understanding of the relevant chapter provisions and contract terms, and is supported by meaningful consideration. Because § 7114(b) places the burden of proof squarely on the owner in any legal action, thorough recordkeeping around the circumstances and execution of the separate agreement is a hallmark of compliant practice.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 7114 of Chapter 71 means that any clause buried in a lease that tries to strip away your statutory protections is unenforceable on its face—you do not need to take any action to void it. If an owner claims you separately agreed to waive protections, § 7114(b) requires the owner to prove that the agreement met all statutory requirements, including that it was in a separate written contract, voluntary, fully informed, and supported by adequate consideration. Tenants who believe a purported waiver was improperly obtained may consider raising the provision's requirements as a defense in any relevant proceeding, or reaching out to a tenant-rights organization familiar with Delaware's Chapter 71 for general information about available options.
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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