CHAPTER 438

FORMERLY

HOUSE BILL NO. 795

AS AMENDED BY

SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 53, PART III, TITLE 25 OF THE DELAWARE CODE RELATING TO LANDLORD.OBLIGATIONS AND TENANT REMEDIES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §5307, Chapter 53, Part III, Title 25 of the Delaware Code by striking subsection (a) of said section in its entirety and substituting in lieu thereof the following:

"(a) If the landlord substantially fails to provide hot water, heat or water in violation of the rental agreement or in violation of an applicable housing code to a tenant for 48 hours, in the first occurrence of such failure during the period of the rental agreement or for 24 hours in the case of any subsequent similar occurrence after the tenant notifies him in writing of the failure, the tenant may:

(1) Upon written notice to the landlord, immediately terminate the rental agreement; or

(2) Upon written notice to the landlord, keep 1/4 of the rent accruing during any period when hot water, heat or water is not supplied. The landlord may avoid this liability by a showing of impossibility of performance."

Approved July 8, 1978.