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

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

Q: What is section 5513 of the Delaware landlord-tenant code?

Section 5513 of the Delaware landlord-tenant code addresses the obligations of landlords regarding the condition of rental properties. It requires landlords to maintain premises in a safe and habitable condition. If a landlord fails to meet these obligations, tenants may have grounds to terminate the lease or seek damages.

Q: How long after signing a lease can you back out in Delaware?

In Delaware, there is no specific statutory period that allows tenants to back out of a lease after signing. However, if the landlord fails to provide possession of the rental unit as agreed, the tenant may terminate the lease immediately and recover any prepaid rent and security deposits.

Q: What makes a lease agreement void?

A lease agreement may be void if it is for an illegal purpose, lacks essential terms, or if one party was not legally capable of entering into a contract, such as a minor. Additionally, if the landlord cannot provide possession of the unit as promised, this could also render the lease voidable.

Q: What makes a rental agreement void?

A rental agreement can be void if it violates local laws, lacks mutual consent, or if it involves illegal activities. If a landlord fails to provide possession of the rental unit as specified in the agreement, the tenant may have grounds to declare the agreement voidable.

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: 04/07/2025
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

What would make a lease invalid?

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.

What is section 5513 of the Delaware landlord-tenant code?

How binding is a rental contract?

A rental contract is generally binding once both parties have signed it, indicating their agreement to the terms. However, if the landlord fails to provide possession as stipulated, the tenant may have the right to terminate the lease without penalty. It's essential for both parties to understand their rights and obligations under the contract.