Delaware Repair & Habitability Laws
Delaware landlords have a statutory duty to maintain rental units in a habitable condition, including compliance with housing codes and keeping essential systems operational.
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Key Rules
- Repair And Deduct
- Not explicitly codified in Delaware statutes
- Rent Withholding
- Tenant may terminate agreement for material failure to maintain habitable conditions
- Habitability Standard
- Compliance with housing codes; working electrical, plumbing, heating, and HVAC
- Notice Required
- Written notice to landlord required before tenant may exercise remedies
Applicable Statutes
Del. Code Ann. tit. 25, § 5305
Landlord's duties: landlord must comply with applicable housing codes, maintain the premises in a habitable condition, and maintain all electrical, plumbing, heating, and air-conditioning systems in good working order.
Del. Code Ann. tit. 25, § 5307
Tenant remedies: if landlord fails to maintain habitable conditions after notice, tenant may terminate the rental agreement or seek damages.
Legal Aid Resources
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