Full question:
I was a tenant in Delaware. The apartment unit in which I lived caught fire not due to my fault and the property became unusable. I quit the place immediately. Can I recover my security deposit and prepaid rent from the landlord?
- Category: Landlord Tenant
- Subcategory: Security Deposit
- Date:
- State: Delaware
Answer:
In Delaware, if your apartment is damaged by fire and it's not your fault, you can terminate your rental agreement. You must notify your landlord in writing within one week after vacating the unit. If you do this, the rental agreement ends on the date you vacated. If you don’t notify the landlord, you may still be responsible for rent until they know you have left or that the unit is uninhabitable.
According to Delaware law (25 Del. C. § 5309), if the rental agreement is terminated, the landlord must return your security deposit, any pet deposit, and any prepaid rent, minus any amount they are entitled to keep. Therefore, you should be able to recover your security deposit and prepaid rent after vacating due to the fire.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.