This office lease clause is describes the self-help right that can be exercised only after a long term notice in an emergency, as well as in a non-emergency. The tenant needs to illustrate rationale and the underlying basis for a utilization of self-help as well as the reasonableness of the charges for which the tenant is seeking reimbursement.
Delaware Tenant Self-Help Clause
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Multi-State
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US-OL1003
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FAQ
(a) If there exists any condition which deprives the tenant of a substantial part of the benefit or enjoyment of the tenant's bargain, the tenant may notify the landlord in writing of the condition and, if the landlord does not remedy the condition within 15 days following receipt of notice, the tenant may terminate ...
Broadly, a contract provision that permits one party to withhold or suspend its own performance or take some other action for its own benefit if the other party breaches the contract or on other specified conditions.
Delaware landlords cannot raise rent during the lease term unless the lease agreement allows for it. Additionally, if the rental property is a mobile home, rent increases are limited to once per year. Landlords must provide 60 days' notice before raising rent, and for mobile homes, a 90-day notice is required.
§ 5308. Essential services; landlord obligation and tenant remedies. (2) Upon written notice to the landlord, keep 2/3 per diem rent accruing during any period when hot water, heat, water, electricity or equivalent substitute housing is not supplied.
Tenant Rights to Withhold Rent in Delaware Tenants may withhold rent or exercise the right to "repair and deduct" if a landlord fails to take care of important repairs, such as a broken heater.
Considering the regulations published in the Delaware landlord-tenant law, Delaware is not considered a landlord-friendly state. The main reason for this is that tenants have a high grade of leverage over their landlords, which can affect the way in which they manage the rental agreement.
§ 5514. Security deposit. (a) (1) A landlord may require the payment of security deposit. (2) No landlord may require a security deposit in excess of 1 month's rent where the rental agreement is for 1 year or more.
The landlord is required to give the tenant 48 hours notice of intent to enter for any purpose other than those repairs requested by the tenant or for emergencies; however, the tenant may waive such advance notice in writing as it pertains to prospective tenant or purchasers.
