25 Del. C. ch. 51 § 5121
Confession of judgment
Operative Text
A provision of a written rental agreement authorizing a person other than the tenant to confess judgment against the tenant is void and unenforceable.
Under 25 Del. C. ch. 51 § 5121, any clause in a written rental agreement that would allow someone other than the tenant to enter a court judgment against that tenant on the tenant's behalf — a practice known as 'confession of judgment' — is legally void and has no effect. Delaware law treats such clauses as unenforceable from the outset, meaning a landlord or any other party cannot rely on them to obtain a judgment without going through the normal court process. This provision applies regardless of whether the tenant signed the agreement containing such a clause.
Plain English — not legal advice.
Operators subject to 25 Del. C. ch. 51 § 5121 should be aware that including a confession-of-judgment clause in a Delaware residential rental agreement provides no legal benefit, as the provision renders such clauses void and unenforceable. Compliant property managers draft lease agreements that do not contain language authorizing any third party to confess judgment on a tenant's behalf. If a landlord needs to pursue a monetary claim against a tenant, Delaware law requires pursuing that claim through the standard judicial process rather than through a pre-authorized confession of judgment.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 25 Del. C. ch. 51 § 5121, tenants in Delaware have a clear protection: even if a signed lease contains a clause purporting to allow someone else to confess judgment against them, that clause is void and cannot be used to obtain a court judgment. Tenants who discover such a clause in their rental agreement, or who believe a judgment was entered against them through such a mechanism, may raise this statutory protection as a defense in court proceedings. Tenant-rights organizations and legal aid services can help explain how this protection applies in a given rental situation.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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