Delaware Habitability Laws [2023]: Living Conditions & Repairs

Last Updated: June 23, 2022 by Elizabeth Souza

In Delaware, a landlord’s obligation for providing a habitable living space is primarily governed by 25 DE Code § 5305. This legal requirement, commonly known as the “implied warranty of habitability”, also outlines the rights of tenants when repairs are not made in a timely manner.

Quick Facts	Answer
Landlord Responsibilities	Plumbing, Electrical, Other Habitability Issues Outlined in Lease
Time Limit for Repairs	15 Days
Tenant Recourse Options	Withhold Rent: Yes, for essential services Repair & Deduct: Yes, Less Than $400 or ½ Month’s Rent

Applicable Dwelling Types in Delaware

The implied warranty of habitability in Delaware does not apply to all types of dwellings. See the table below for which are and aren’t included.

Dwelling Type	Landlord/Tenant Laws Apply?
Single family	Yes
Multi-family	Yes
Fraternities/Sororities/Clubs	No
RV parks	Not specifically addressed
Mobile home parks	Not specifically addressed
Condos	Not specifically addressed
Hotels/Motels	No

Questions? To chat with a Delaware landlord tenant attorney, Click here

Landlord Responsibilities in Delaware

The following chart lists possible landlord responsibilities when it comes to habitability. Not all of them are requirements in Delaware, as indicated below.

Note: Some of the below items may not be addressed at the state level but may be addressed on a county or city level. Check your local housing codes to see which additional requirements may apply.

Habitability Issue	Landlord Responsibility?
Provide windows and doors that are in good repair.	No
Ensure the roof, walls, etc., are completely waterproofed and there are no leaks.	No
Provide hot and cold running water.	If specified in rental agreement
Provide working HVAC equipment.	If specified in rental agreement
Provide working plumbing and electrical wiring/outlets/ lighting.	Yes
Provide working gas lines if used for utilities/cooking	Not specifically addressed
Provide working sanitation facilities (bathtub/shower, toilet).	If provided, must be in working order
Provide a trash can (for trash pickup services).	If specified in rental agreement
Ensure that any stairs and railings are safe.	Not specifically addressed
Ensure that all floors are in good condition and safe.	Not specifically addressed
Provide fire exits that are usable, safe, and clean.	Not specifically addressed
Ensure storage areas, including garages and basements, do not house combustible materials.	No
Provide working smoke detectors	Not specifically addressed
Provide a mailbox.	No
Provide working wiring for one telephone jack.	No
Provide working kitchen appliances.	If provided, must be in working order
Provide working carbon monoxide detector.	No
Provide a working washer/dryer.	If provided, must be in working order

Insects/Rats

Landlords are required to keep rental units free from rat and insect infestations.

Tenant’s Right to Repairs in Delaware

If tenants request repairs, they must put their request in writing to their landlord.

Sending Notice – The landlord will have fifteen days to make any necessary repairs after receiving written notice from the tenant or the tenant may terminate the rental agreement.
Landlord Access – Tenants are required to give the landlord access to the property to make necessary repairs. However, the landlord must give tenants 48 hours’ notice unless it’s an emergency.

Questions? To chat with a Delaware landlord tenant attorney, Click here

Tenant’s Options if Repairs Aren’t Made in Delaware

If repairs aren’t made in a timely manner, the tenant has a few options for resolving the issue.

Withhold Rent – Under Delaware landlord tenant law, the tenant has a right to withhold 2/3 per diem rent until essential services such as water, hot water, heat or the equivalent are provided (if substitute housing is not supplied).
Repair and Deduct – Tenants have the right to repair or maintain the issue themselves after 30 days from the receipt of notice or if the landlord fails to obtain an estimate of the costs within 10 days of the notice. The tenant may immediately do the work or hire a professional and deduct a reasonable amount for the repair, not exceeding $400 or half month’s rent (whichever is less) from the following month’s rent.
Substitute housing – If the landlord does not supply essential services such as heat, water, hot water, electricity or the equivalent, a landlord may be liable for any additional expenses incurred by the tenant and up to half the amount of the abated rent.
Lawsuit – Tenants have the right to take legal action for damages resulting from habitability issues.
Reporting to Public Officials – Landlords can be reported on a city or county level to housing inspectors if they are found to be in violation of any local housing codes.

Landlord Retaliation in Delaware

Delaware habitability laws prohibit retaliatory acts by the landlord against the tenant for exercising their right to:

Complain about habitability issues to the landlord or any authority tasked to enforce the law.
File a complaint to a government authority.
Join a tenant’s union or organization.
Pursue a legal right to remedy habitability issues.

It is considered retaliatory conduct if one of the acts mentioned above takes place and the landlord attempts to:

Recover possessions from the property.
Demand an increase in rent.
Decrease services to which the tenant is entitled.

If tenant can prove that the landlord instituted any of these retaliatory acts within 90 days of any official complaint filed by the tenant, the tenant may either recover three month’s rent or triple the damages sustained by the tenant, whichever is greater.