Can I terminate my lease if the landlord didn't provide possession?

Full question:

I entered a rental agreement for a residential apartment in Delaware. The landlord could provide possession of the rental unit at the time prescribed in the agreement. Can I terminate the lease and recover the pre-paid rent and security deposit as I am unable to enter possession on the stipulated day?

  • Category: Landlord Tenant
  • Subcategory: Lease Termination
  • Date:
  • State: Delaware

Answer:

In Delaware, if a landlord does not provide possession of the rental unit as agreed, the tenant can terminate the lease and recover any prepaid rent and the security deposit. According to 25 Del. C. § 5304, if the landlord fails to give full possession at the start of the lease, the rent is reduced for the time the tenant cannot occupy the unit. The tenant can notify the landlord and terminate the agreement, leading to the return of all money paid, including prepaid rent and the security deposit. Additionally, if the inability to enter is due to the landlord's wrongful actions or failure to meet building codes, the tenant may also recover reasonable costs for substitute housing, up to one month’s rent, with appropriate receipts. If a holdover tenant causes the issue, the entering tenant can seek legal action against that tenant.

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.

FAQs

A lease may be considered invalid if it lacks essential elements, such as mutual consent, a lawful purpose, or if it violates local laws. For example, if the landlord cannot provide possession of the rental unit as agreed, this may render the lease voidable. Additionally, if the lease is not in writing when required by law, or if one party was coerced into signing, these factors could also invalidate the lease.

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