Delaware legally requires landlords to meet certain “habitability” requirements for all rental properties. This means that they’re responsible for providing a property that meets specific health and safety standards and for fixing issues that violate them.
Delaware Implied Warranty of Habitability
In Delaware, the implied warranty of habitability means that a landlord must provide and maintain a safe and habitable rental property. “Implied” means the requirement applies whether or not the lease agreement specifically says so and even if the lease tries to waive the obligation.
Examples of clear habitability violations include:
- Exposed electrical wiring.
- A pipe leaking human waste.
- A broken front doorknob that won’t lock.
However, the implied warranty of habitability does not guarantee that anything at the property will be pretty, clean, new or issue-free, so it doesn’t cover things like stained carpet or dents in a wall. It only guarantees basic health and safety.
Landlord Responsibilities in Delaware
Note: Check local city/county laws and ordinances for additional requirements.
| Item | Has To Provide? | Has To Fix / Replace? |
| Air Conditioning / Heating | No | Heating, Only If Provided |
| Hot Water | No | No |
| Kitchen Appliances | No | No |
| Washer & Dryer | No | No |
| Smoke/CO Detectors | Yes | Yes, Except Batteries |
| Window Coverings | No | No |
| Light Fixtures | No | No |
| Landscaping | No | Only Health & Safety Issues |
| Garbage Removal | No | Only If Provided |
| Garbage Pickup | No | Only If Provided |
| Mold | N/A | Yes |
| Pest Control | No | N/A |
| Pest Infestations | N/A | Yes |
| Water Leaks | N/A | Sometimes |
| Clogs | N/A | Sometimes |
Landlord Responsibilities for Heating & Air Conditioning in Delaware
Delaware landlords don’t have to provide heating or air conditioning for rental properties, unless they implicitly or explicitly commit to doing so in the rental agreement. If they do commit to provide heating, they must keep it in good working order.
Are Landlords Required to Provide Air Filter Replacements in Delaware?
Delaware landlords don’t have to replace things like air filters, unless heating equipment they’ve agreed to supply won’t work otherwise.
Landlord Responsibilities for Plumbing in Delaware
Delaware landlords only have to provide plumbing if they promised to do so implicitly or explicitly in the rental agreement. If they do commit to provide plumbing, they have to keep it in good working order.
Are Landlords Required To Provide Hot Water in Delaware?
Delaware landlords only have to provide hot water if they implicitly or explicitly commit to do so in the rental agreement.
Are Landlords Responsible for Fixing Clogged Drains & Toilets in Delaware?
Delaware landlords only have to fix clogs that prevent the proper use of plumbing they’ve agreed to provide.
Are Landlords in Delaware Responsible for Fixing Leaks?
Delaware landlords only have to fix leaks that prevent the proper use of plumbing they’ve agreed to provide.
Landlord Responsibilities for Kitchen Appliances in Delaware
Delaware landlords don’t have to provide or maintain kitchen appliances such as a dishwasher, stove, oven, microwave, or refrigerator.
Landlord Responsibilities for Electrical Issues in Delaware
Delaware landlords don’t have to provide electrical service, if this isn’t promised implicitly or explicitly by the rental agreement. If supplied, however, the landlord has to keep electrical service in good working order.
Are Landlords Responsible for Replacing Light Bulbs in Delaware?
Delaware landlords are not responsible for replacing light bulbs or particular light fixtures.
Landlord Responsibilities for Garbage Removal in Delaware
Delaware landlords aren’t responsible for providing garbage containers or removal service, except as the lease provides or implies. If provided, however, landlords must ensure the availability of garbage containers, plus frequent removal of garbage from the premises.
Landlord Responsibilities for Landscaping in Delaware
Delaware landlords have no specific obligation to provide landscaping or maintain it with actions like cutting grass. They only have to deal with issues like fallen trees if they interfere with the cleanliness of common areas, violate local codes, or create a hazard to health and safety.
Landlord Responsibilities Regarding Mold in Delaware
Delaware landlords are responsible for most mold issues. While there’s no state requirement for testing, landlords must investigate and fix mold problems since they threaten health and safety. The tenant may have to pay for treatment if the tenant caused the issue.
Landlord Responsibilities Regarding Pests in Delaware
Delaware landlords must fix pest issues the renter didn’t cause, including rats, roaches, mice, and ants. Bedbug infestations have detailed requirements: for example, tenants must report suspected infestations within 60 days of occupancy or 30 days of discovery if they want the landlord to pay all treatment costs.
Landlord Responsibilities for Windows & Window Coverings in Delaware
Delaware landlords have no specific responsibility to provide window coverings or particular types of windows. The landlord has to repair broken windows the tenant didn’t cause, since this is a health and safety issue.
Landlord Responsibilities Regarding Safety Devices in Delaware
Delaware landlords are responsible for providing and maintaining required smoke alarms and carbon monoxide (CO) detectors. Smoke alarms are required in all rentals; CO detectors are only required where there’s an attached garage or a feature that emits CO as a result of combustion.
Are Landlords Responsible for Replacing Batteries of Safety Devices in Delaware?
Delaware landlords aren’t responsible for most battery replacement in safety devices. They’re the tenant’s responsibility in any rental where the intended tenancy is over one month.
Landlord Responsibilities for Washers and Dryers in Delaware
Delaware landlords are not required to furnish their rental properties with a working washer and dryer, or maintain such appliances if provided.
Renter’s Rights for Repairs in Delaware
Delaware renters have the right to repairs for issues affecting health and safety, unless they caused the issue or waived their right by special agreement. To exercise their right, the renter must start by notifying the landlord of the issue in writing, although effective notice counts even when not written.
After receiving written notice, the landlord has 15 days to do repairs. If the issue isn’t fixed, the renter can end the rental agreement, or have a court order repairs or compensation. In some cases, the renter can also withhold rent, or do repairs and deduct the cost from rent.
Sources
- 1 New Haverford Partnership v. Stroot, 772 A.2d 792, 794 (Del. 2001)
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“We hold that the Landlord Tenant Code imposes a duty on landlords to maintain the leased premises in a safe, sanitary condition.”
Source Link - 2 Del. Code Ann. § 5301(a)(1) (2022)
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“A rental agreement shall not provide that a tenant agrees to waive or forego rights or remedies under this Code.”
Source Link - 3 Del. Code Ann. § 5305(b) (2022)
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“If the rental agreement so specifies, the landlord shall: (1) Provide and maintain appropriate receptacles and conveniences for the removal of ashes, rubbish and garbage and arrange for the frequent removal of such waste; and (2) Supply or cause to be supplied, water, hot water, heat and electricity to the rental unit.”
Source Link - 4 Del. Code Ann. § 5308(a) (2022)
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“If the landlord substantially fails to provide hot water, heat, water or electricity to a tenant, or fails to remedy any condition which materially deprives a tenant of a substantial part of the benefit of the tenant’s bargain in violation of the rental agreement; or in violation of a provision of this Code; or in violation of an applicable housing code and such failure continues for 48 hours or more, after the tenant gives the landlord actual or written notice of the failure, the tenant may: (1) Upon written notice of the continuation of the problem to the landlord, immediately terminate the rental agreement; or (2) Upon written notice to the landlord, keep 2/3 per diem rent accruing during any period when hot water, heat, water, electricity or equivalent substitute housing is not supplied. The landlord may avoid this liability by a showing of impossibility of performance.”
Source Link - 5 Del. Code Ann. § 5305(a) (2022)
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“The landlord shall, at all times during the tenancy: (1) Comply with all applicable provisions of any state or local statute, code, regulation or ordinance governing the maintenance, construction, use or appearance of the rental unit and the property of which it is a part; (2) Provide a rental unit which shall not endanger the health, welfare or safety of the tenants or occupants and which is fit for the purpose for which it is expressly rented; (3) Keep in a clean and sanitary condition all common areas of the buildings, grounds, facilities and appurtenances thereto which are maintained by the landlord; (4) Make all repairs and arrangements necessary to put and keep the rental unit and the appurtenances thereto in as good a condition as they were, or ought by law or agreement to have been, at the commencement of the tenancy; and (5) Maintain all electrical, plumbing and other facilities supplied by the landlord in good working order.”
Source Link - 6 Del. Code Ann. § 5307(b) (2022)
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“In no event may a tenant repair or cause anything to be repaired at the landlord’s expense when the condition complained of was caused by the want of due care by the tenant, a member of the tenant’s family or another person on the premises with the tenant’s consent.”
Source Link - 7 Del. Code Ann. § 5317(f)(1) & (f)(2) (2022)
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“If a tenant notifies the landlord that the tenant found or reasonably suspects a bed bug infestation within the tenant’s dwelling unit: a. Within 60 days after occupancy; or b. Within 30 days of a discovery of a bed bug infestation in an adjoining unit in the building, the landlord shall be responsible for the costs of investigating and remediating the infestation… [otherwise,] the tenant shall share in the responsibility for the reasonable costs for remediating the infestation in the tenant’s unit. The tenant shall not be responsible to share in costs with properties managed by a state or local government housing authority.” Del. Code Ann. § 5317(f)(1) & (f)(2) (2022) See generally § 5317 for the extensive and detailed responsibilities landlord and tenant have related to potential bedbug infestations.
Source Link - 8 Del. Code Ann. § 6631(a) & (c) (2022)
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“Each owner of a residential occupancy… shall… install and maintain smoke detection devices as required by this chapter, with the following exception: Where… the rental, lease agreement or contract is for a period of 1 month or more… [the tenant shall maintain] an operable battery in the smoke detection device…”
Source Link - 9 Del. Code Ann. § 6602C(a) & (c) (2022)
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“Each owner of a lodging establishment shall install carbon monoxide detection devices in accordance with the installation requirements in § 6603C of this title if a dwelling unit or sleeping unit has either of the following: (1) A fossil-fuel burning heater or appliance, a fireplace, or other feature, fixture, or element that emits carbon monoxide as a byproduct of combustion. (2) An attached garage… The owner of a lodging establishment must install and maintain carbon monoxide detection devices required under this chapter, unless… the rental agreement, lease agreement, or contract is for a period of 1 month or more… [in such case] the tenant is responsible for maintaining an operable battery in any carbon monoxide detection devices…”
Source Link - 10 Del. Code Ann. § 5306(a) & (b) (2022)
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“(a) If there exists any condition which deprives the tenant of a substantial part of the benefit or enjoyment of the tenant’s bargain, the tenant may notify the landlord in writing of the condition and, if the landlord does not remedy the condition within 15 days following receipt of notice, the tenant may terminate the rental agreement. If such condition renders the premises uninhabitable or poses an imminent threat to the health, safety or welfare of the tenant or any member of the family, then tenant may, after giving notice to the landlord, immediately terminate the rental agreement without proceeding in a Justice of the Peace Court.
“(b) The tenant may not terminate the rental agreement for a condition caused by the want of due care by the tenant… [and] shall remain obligated under the rental agreement.”
Source Link - 11 Del. Code Ann. § 5113 (2022)
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The law asks that notice be written, and either personally served or officially mailed; see Del. Code Ann. § 5113 (2022). But see Del. Code Ann. § 5114 (2022) (“A person has notice of a fact if: (1) The person has actual knowledge of it; (2) The person has received a notice pursuant to the provisions of this Code; or (3) From all the facts and circumstances known at the time in question, such person has reason to know that it exists.”) See also Gillespie v. Chel. on the Square, No. 09A-05-009-JOH, 7 (Del. Super. Ct. Jul. 30, 2010) (“The undisputed record below was that Gillespie had actual notice of both possible inspections. That met the statutory requirement of notice found in § 5114. There was no error in the Court of Common Pleas. That actual notice superseded any possible notice issues arising from § 5113.”)
Source Link - 12 Del. Code Ann. § 5305(c) (2022)
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“The landlord and tenant may agree by a conspicuous writing, separate from the rental agreement, that the tenant is to perform specified repairs, maintenance tasks, alterations or remodeling, but only if: (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.”
Source Link - 13 Norfleet v. Mid-Atlantic Realty Co., C.A. No. 95C-11-008 WLW, (Del. Super. Ct. Apr. 20, 2001)
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“One similarity between the covenant of quiet enjoyment and the warranty of habitability is the damages that flow from a breach of either one. In both instances the damages are contractual in nature.” Norfleet v. Mid-Atlantic Realty Co., C.A. No. 95C-11-008 WLW, (Del. Super. Ct. Apr. 20, 2001) See also Continental Coach Crafters Co. v. Fitzwater, 415 A.2d 785, 792 (Del. Super. Ct. 1980) “The Justice of the Peace Courts have exclusive jurisdiction in both Chapter 57 and Chapter 59 proceedings, 25 Del. C. 5701 and 5901, and the grant of power to fashion relief contained in § 5907(c)… via orders ancillary to discharge of a receiver is sufficiently broad to encompass [injunctive relief.]”
Source Link - 14 Del. Code Ann. § 5117(a) (2022)
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“For any violation of the rental agreement or this Code, or both, by either party, the injured party shall have a right to maintain a cause of action in any court of competent civil jurisdiction.”
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