The Delaware Code Title 25 Chapter 51 Section 5109 requires the terms of a residential lease agreement to be equitable in the following manner:
Promises Mutual and Dependent
(a) Material promises, agreements, covenants or undertakings of any kind to be performed by either party to a rental agreement shall be interpreted as mutual and dependent conditions to the performance of material promises, agreements, covenants and undertakings by the other party.
(b) A party undertaking to remedy a breach by the other party in accordance with this Code shall be deemed to have complied with the terms of this Code if their noncompliance with the exact instructions of this Code is nonmaterial and nonprejudicial to the other party.
Del. Code § 5109
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