Can a Landlord Enter Without Permission in Delaware?

In Delaware, landlord access is governed by the Delaware Residential Landlord-Tenant Code ( 25 Del. C. § 5509). As of 2026, the law provides specific notice requirements that override any conflicting “freedom of entry” clauses in a rental agreement.

Legal Entry Without Prior Permission

A landlord may only enter a rental unit without 48 hours’ notice or immediate consent in these cases:

• True Emergencies: Immediate entry is allowed for situations that threaten life or property (e.g., fire, gas leak, or burst pipes).

• Tenant-Requested Repairs: If you ask the landlord to fix something, you are deemed to have waived the notice requirement for that specific repair.

• Extended Absence: Under 25 Del. C. § 5507, if a tenant is away for more than seven days (and the lease requires notice of absence), the landlord may enter as “reasonably necessary” for maintenance.

• Abandonment: If the tenant has clearly abandoned the premises.

Requirements for Standard Entry

For routine inspections, maintenance, or showing the unit to prospective tenants or buyers:

• 48-Hour Notice: The landlord must provide at least 48 hours’ notice of their intent to enter.

• Permitted Hours: Entry is restricted to reasonable hours, specifically between 8:00 AM and 9:00 PM.

• Meter Readings: Tenants must permit access at reasonable times for utility meter readings ( 25 Del. C. § 5312).

Tenant Protections and Remedies

• Unreasonable Refusal: A tenant cannot unreasonably withhold consent for a landlord to enter for lawful purposes. If a tenant refuses, the landlord may seek a court order or terminate the lease ( 25 Del. C. § 5510).

• Abuse of Access: If a landlord enters illegally or repeatedly uses the right of entry to harass the tenant, the tenant may terminate the rental agreement and sue for damages.

The information for this answer was found on our Delaware Landlord Tenant Rights answers.