Attorney General Kathy Jennings' Fraud and Consumer Protection Division has issued an open letter to Delaware landlords regarding commonly seen illegal lease provisions in residential leases. The letter puts landlords on notice that their residential leases must comply with Delaware's Residential Landlord/Tenant Code.

Attorney General Jennings stated: "Landlords have tremendous power over their tenants. The Residential Landlord/Tenant Code sets rules of the road to ensure that tenants are not exploited. The presence of prohibited or unenforceable provisions in a lease can dissuade tenants from enforcing their rights and may constitute an unfair practice under the Consumer Fraud Act. With this letter, landlords are on notice that it is their responsibility to comply with the law. The DOJ will continue to monitor residential leases to ensure that tenants' rights are protected."

A copy of the open letter can be found at https://attorneygeneral.delaware.gov/wp-content/uploads/sites/50/2024/10/2024-12-22-Open-Letter-to-Landlords.pdf. Tenants whose leases contain illegal or unenforceable provisions may file a consumer complaint with the Delaware Department of Justice Fraud and Consumer Protection Division https://attorneygeneral.delaware.gov/fraud/cmu/complaint/. Tenants with additional questions can contact the DOJ's Consumer Protection Hotline at 302-683-8800.

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