(1) The particular work to be performed by the tenant is for the primary benefit of the rental unit; and
(2) The work is not necessary to bring a noncomplying rental unit into compliance with a building or housing code, ordinance or the like; and
(3) Adequate consideration, apart from any provision of the rental agreement, or a reduction in the rent is exchanged for the tenant’s promise. In no event may the landlord treat any agreement under this subsection as a condition to any provision of rental agreements; and
(4) The agreement of the parties is entered into in good faith and is not for the purpose of evading an obligation of the landlord.
(d) Evidence of compliance with the applicable building and housing codes shall be prima facie evidence that the landlord has complied with this chapter or with any other chapter of Part III of this title.70 Del. Laws, c. 513,
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2;
85 Del. Laws, c. 98,
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2;