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 |
|
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 |
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 | Yes |
| 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. | Yes |
| 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.
Repairs, Recourse & Retaliation in Delaware
If a rental property is in violation of the implied warranty of habitability in Delaware, state laws outline how the repair process works, what tenants can do if repairs aren’t made, and how tenants are protected against retaliating landlords.
Requesting Repairs in Delaware
Delaware renters must request repairs by writing to the landlord promptly after noticing a need for repairs, although non-written notice is acceptable if the tenant proves it effectively communicated the situation (for example, if notice was verbal but the landlord gave a written reply showing an understanding of the issue).
Renter’s Rights if Repairs Aren’t Made in Delaware
Delaware landlords have 15 days to repair after proper notice from the renter. 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 repair and deduct the cost from rent. Read More
Landlord Retaliation in Delaware
It’s illegal for Delaware landlords to retaliate with raised rent, reduced services, or threatened eviction against tenants who have done one of the following in the past 90 days:
- Complaining to the landlord or government about maintenance.
- Participating in a tenant organization.
- Pursuing rights or remedies given by the law or lease.
Non-retaliatory, good-faith motivations are allowed if properly proven. For example, a proportionate increase in rent following an increase in property tax isn’t retaliation.
Tenants can respond by suing for an injunction and/or triple monetary costs or three months’ rent (whichever is greater), plus court fees.
Sources
- Delaware Annotated Code, Title 25, Residential Landlord-Tenant Code Chapter 51.
- Delaware Annotated Code, Title 25, Residential Landlord-Tenant Code, Chapter 53.
- Delaware Annotated Code, Title 25, Residential Landlord-Tenant Code, Chapter 55.
- BlankRome, Widener Law Review, “Navigating Through Delaware’s Residential Landlord-Tenant Law.”
