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 the residential apartment has caught fire and has been damaged without the fault from the tenant, s/he must give a notice to the landlord within one week after vacating. The landlord may terminate the rental agreement, except the amount he is entitled to keep. The statutory provision in this regard is 25 Del. C. § 5309 (2016). This section provides as given below:“(a) If the rental unit or any other property or appurtenances necessary to the enjoyment thereof are damaged or destroyed by fire or casualty to an extent that enjoyment of the rental unit is substantially impaired, and such fire or other casualty occurs without fault on the part of the tenant, or a member of the tenant's family, or another person on the premises with the tenant's consent, the tenant may:
(1) Immediately quit the premises and promptly notify the landlord, in writing, of the tenant's election to quit within 1 week after vacating, in which case the rental agreement shall terminate as of the date of vacating. If the tenant fails to notify the landlord of the tenant's election to quit, the tenant shall be liable for rent accruing to the date of the landlord's actual knowledge of the tenant's vacating the rental unit or impossibility of further occupancy; or
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(b) If the rental agreement is terminated, the landlord shall timely return any security deposit, pet deposit and prepaid rent, except that to which the landlord is entitled to retain pursuant to this Code. Accounting for rent in the event of termination or apportionment shall be made as of the date of the fire or casualty.”
(1) Immediately quit the premises and promptly notify the landlord, in writing, of the tenant's election to quit within 1 week after vacating, in which case the rental agreement shall terminate as of the date of vacating. If the tenant fails to notify the landlord of the tenant's election to quit, the tenant shall be liable for rent accruing to the date of the landlord's actual knowledge of the tenant's vacating the rental unit or impossibility of further occupancy; or
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(b) If the rental agreement is terminated, the landlord shall timely return any security deposit, pet deposit and prepaid rent, except that to which the landlord is entitled to retain pursuant to this Code. Accounting for rent in the event of termination or apportionment shall be made as of the date of the fire or casualty.”
Hence, the above statute enables a tenant to terminate a rental agreement and recover security deposit and prepaid rent on vacating a rental apartment in the event of fire, that occurred without the knowledge of the tenant. You are entitled to receive the security deposit and prepaid rent from your landlord.
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.
