Delaware Prohibited Lease Clauses
4 restricted clause typesOur Delaware law database tracks 4 lease clause types that state law prohibits or restricts (3 illegal, 1 typically unenforceable). Even if you signed a lease containing one, an illegal or unenforceable clause is generally void — you have not waived the underlying right.
Educational information: generated from our Delaware law database (last updated 2024-01-01). Not legal advice.
Clause types restricted by Delaware law
Waiver of implied warranty of habitability
Likely IllegalLegal basis: Delaware Code Title 25 Section 5507
Waiver of tenant rights under Delaware code
Likely IllegalLegal basis: Delaware Code Title 25 Section 5501
Confession of judgment clause
Likely IllegalLegal basis: Delaware Code Title 25 Section 5501
Late fee exceeding 5%
Often UnenforceableLegal basis: Delaware Code Title 25 Section 5501
Frequently asked questions
- What lease clauses are illegal in Delaware?
- Delaware law restricts 4 clause types tracked in our database, such as: waiver of implied warranty of habitability; waiver of tenant rights under delaware code; confession of judgment clause.
- Is a lease still valid if it contains an illegal clause in Delaware?
- Usually yes — the offending clause is void or unenforceable, but the rest of the lease typically remains in effect. You generally cannot be held to a clause that violates state law even if you signed it.
- Which law prohibits "waiver of implied warranty of habitability" in Delaware?
- Delaware Code Title 25 Section 5507.
Check Your Lease Against Delaware Law
Not sure whether your lease complies with Delaware law? Upload it and our analyzer flags problem clauses — deposit terms, entry rights, fees and prohibited provisions — using the same statute-backed database this page is generated from.
Analyze My Lease FreeEducational tool — not legal advice. First analysis is free, no signup required.
More Delaware lease law guides
- Delaware rental lease laws — overview
- Delaware security deposit limit
- Delaware deposit return deadline
- Delaware deposit interest rules
- Delaware landlord entry notice
- Delaware late fee laws
- Delaware rent grace period
- Delaware required disclosures
Prohibited Lease Clauses in other states
Educational information generated from state statute data — not legal advice. Consult a licensed attorney in Delaware for your specific situation.