Del. Code Ann. tit. 25, § 5124
Rights and responsibilities guide for landlords and tenants [For application of subsections (a)-(d) and (g), see 85 Del. Laws, c. 277, § 5; for application of subsections (e) and (f), see 85 Del. Laws, c. 277, § 6]
85 Del. Laws, c. 277, § 3;
(a) For purposes of this section:
- (1) “Guide” means the informational guide under § 2925A of Title 24, which contains information about the rights and responsibilities of landlords and tenants.
- (2) “Real estate service provider” means as defined in § 2902 of Title 24.
- (b) As provided under subsection (c) of this section, a landlord or real estate service provider shall provide the guide to a prospective tenant entering into a landlord-tenant relationship governed under Part III of this title.
(c) (1) The guide must be provided before a prospective tenant enters into the rental agreement.
- (2) The prospective tenant shall acknowledge receipt of the guide under paragraph (c)(1) of this section.
- (3) The landlord or real estate service provider shall provide the guide to a tenant at each time a rental agreement is renewed, if the renewal is for a term of 1 or more years.
- (4) The acknowledgement under paragraph (c)(2) of this section and the guide may be in electronic or paper format.
(d) (1) An individual may reference the guide for informational purposes during a legal proceeding. Except as provided in paragraph (d)(2) of this section, there is no legal cause of action against any individual based on outdated or incorrect information contained in the guide.
- (2) An individual may have an equitable defense for good faith reliance on the information provided in the guide.
- (e) The guide is deemed to be a statutorily required form under § 2912(a)(11) of Title 24.
- (f) A violation of subsection (b) of this section is deemed an unlawful practice under § 2513 of Title 6 and a violation of subchapter II of Chapter 25 of Title 6.
- (g) If a landlord or real estate service provider is required to a make a disclosure or provide a document under other law, provision of the guide containing the same document or disclosure is not sufficient to satisfy that requirement, unless permitted by law.
85 Del. Laws, c. 277, § 3