(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.
Structure Delaware Code
Chapter 53. LANDLORD OBLIGATIONS AND TENANT REMEDIES
§ 5301. Landlord obligation; rental agreement.
§ 5302. Tenant remedy; termination at the beginning of term.
§ 5303. Landlord obligation to supply possession of rental unit.
§ 5304. Tenant's remedies for failure to supply possession.
§ 5305. Landlord obligations relating to the rental unit.
§ 5306. Tenant's remedies relating to the rental unit; termination.
§ 5307. Tenant's remedies relating to the rental unit; repair and deduction from rent.
§ 5308. Essential services; landlord obligation and tenant remedies.
§ 5309. Fire and casualty damage; landlord obligation and tenant remedies.
§ 5310. “Assurance money” prohibited.
§ 5313. Unlawful ouster or exclusion of tenant.
§ 5314. Tenant's right to early termination.
§ 5315. Taxes paid by tenant; setoff against rent; recovery from owner.
§ 5316. Protection for victims of domestic abuse, sexual offenses and/or stalking.
§ 5317. Landlord and tenant obligations relating to bed bug infestation.