The Delaware Code Title 25 Chapter 53 Section 5301 prohibits a landlord from using the following provisions in a residential lease agreement and Chapter 51 Section 5111 prohibits the paying of the prevailing party’s attorneys’ fees:
(a) A rental agreement shall not provide that a tenant:
(1) Agrees to waive or forego rights or remedies under this Code;
(2) Authorizes any person to confess judgment on a claim arising out of the rental agreement;
(3) Agrees to the exculpation or limitation of any liability of the landlord arising under law or to indemnify the landlord for that liability or the costs connected therewith.
(b) A provision prohibited by subsection (a) of this section which is included in the rental agreement is unenforceable. If a landlord attempts to enforce provisions of a rental agreement known by the landlord to be prohibited by subsection (a) of this section the tenant may bring an action to recover an amount equal to 3 months rent, together with costs of suit but excluding attorneys’ fees.
Del. Code § 5301.
Attorneys’ Fees Prohibited
No provision in a rental agreement providing for the recovery of attorneys’ fees by either party in any suit, action or proceeding arising from the tenancy shall be enforceable.
Del. Code § 5111.
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