Which provision is considered unenforceable in a residential lease under Delaware law?

In Delaware law, a provision that allows for a confession of judgment against the tenant is considered unenforceable in a residential lease. A confession of judgment is a provision whereby a tenant agrees in advance to forfeit their right to defend against a judgment in the event of a breach of lease. This type of provision is seen as fundamentally unfair to tenants, as it strips them of their legal rights to challenge claims made against them in a court of law. Landlords cannot enforce these types of provisions to ensure that tenants retain their ability to defend themselves and maintain due process rights.

The other options deal with provisions that are generally permissible under Delaware law. For instance, allowing a tenant to sublet typically involves conditions set by the landlord but is generally enforceable if it follows the agreed-upon terms in the lease. Similarly, the landlord's right to collect utility fees can be specified in the lease agreement, provided it complies with state regulations. Requiring tenant insurance is also a common practice as it protects both parties' interests.

Therefore, the specific nature of confession judgments and their implications for tenant rights solidify why this provision is particularly scrutinized and deemed unenforceable in the context of residential leases in Delaware.