Which of the following cannot be included in a residential lease according to Delaware law?

In Delaware, residential leases must comply with specific regulations designed to protect tenant rights. One important aspect of these regulations is the consideration of exculpatory clauses, which are provisions that seek to limit or eliminate liability for one party—in this case, the landlord—for injuries or damages that may occur.

The law in Delaware makes it clear that exculpatory clauses are generally unenforceable in residential leases. This policy is rooted in the principle that landlords have a duty to maintain safe conditions for tenants and should not be able to shield themselves from liability for negligence or unsafe conditions that could harm tenants. As a result, including such clauses in a lease is prohibited, making it impossible to enforce them in court.

On the other hand, elements like rent payment terms, the use of common areas, and conditions regarding tenant repair obligations are all valid components that can be included in a residential lease. These provisions help to outline the expectations and responsibilities of both the landlord and the tenant, fostering a clear understanding of the rental relationship. Thus, the inclusion of exculpatory clauses stands out as being not permissible under Delaware law.