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    • Why the State reminds owners of the law
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    Why the State reminds owners of the law

    Pabio Posted on

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    • The Delaware Department of Justice receives thousands of complaints each year, most from tenants against landlords.
    • The department issued a letter Oct. 22 to landlords across the state reminding them that their leases must comply with the state’s Residential Landlord/Tenant Code.
    • State attorneys say landlords including illegal provisions in leases can create a chilling effect on tenants, discouraging them from exercising their rights.

    State prosecutors want to prevent Delaware landlords from including unenforceable or illegal provisions in their leases.

    A letter released Oct. 22 by the Delaware Department of Justice reminds landlords to make sure their leases follow state rules. Residential Landlord/Tenant Code.

    The Department of Justice’s Fraud and Consumer Protection Division receives thousands of complaints each year, most of which come from tenants who file complaints against landlords.

    “During our investigations, we noted a disturbing trend of residential leases that contain provisions prohibited by” state code, the reading a public letter. “This appears primarily to be the result of landlords not knowing the requirements of the Residential Landlord/Tenant Code or attempting to use leases on properties in various states without considering the specific laws of those states.”

    Delaware attorneys said including illegal provisions in residential leases, particularly those that may be considered an “unfair practice under the Consumer Fraud Act,” can create a chilling effect on tenants, discouraging them from asserting their rights.

    Prohibited provisions of the lease include collecting attorney fees, waiving the right to a jury trial and triggering late fines too early, according to the Justice Department letter.

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    Assistant Attorney General Brian S. Eng, head of the Justice Department’s Consumer Mediation Unit, said cases reviewed by the state were corrected quickly.

    “To date, every owner we’ve had this conversation with has gone ahead and made the change,” he said.

    The Delaware Apartment Association did not respond to requests for comment for this story.

    Illegal provisions of the lease

    Delaware attorneys said “inserting prohibited rental provisions” into residential leases is a violation of state code and could be considered a “prohibited business action under the fraud statute.” consumption “.

    According to the state Department of Justice, the most common prohibited provisions include:

    • Attorney fees
    • Expand the grounds for immediate lease termination beyond what is permitted by law
    • Waive the right to a jury trial
    • Overly broad liability waivers that exempt the owner from negligence
    • Late fees triggered before the 7th of the month

    Lawyers said this is not an “exhaustive” list of potential violations, so landlords should not assume they are safe if their leases do not contain these provisions.

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    For example, leases that contain “limiting terms such as ‘to the extent permitted by law'” are prohibited. The public letter states that these provisions are not enforceable and therefore only serve to “discourage tenants from asserting their rights.”

    Why this reminder is necessary

    Overall, illegal provisions of a lease tend to discourage a tenant from exercising their rights. Tenants generally assume that the landlord is following the law in their rental documents.

    Additionally, Eng pointed out that inappropriate lease provisions exacerbate the inequalities that already exist between landlords and tenants.

    For example, a landlord can file an eviction complaint against a tenant, and “merely filing that complaint will potentially make it forever more difficult for you to rent to someone else in the future,” Eng said. .

    “There is no expungement of eviction records,” he said. “It’s just there – forever.”

    Even if an eviction case is dismissed, the next landlord will still be able to see that an eviction was filed, Eng said.

    “It’s absolutely huge leverage,” he said. “When you have power, it’s even more important for you to follow the rules.”

    Do you have any advice? Contact Amanda Fries at [email protected]. Follow her on X at @mandy_fries.

    Pabio
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