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.
Key Rules
- Repair And Deduct
- Yes -- Del. Code Ann. tit. 25, section 5307 lets a tenant repair and deduct up to $400 or half a month's rent, whichever is LESS, after 30 days' written notice (or 10 days to begin corrective measures)
- 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
Some citations below have not been confirmed against their official source. Confirm current requirements with local legal aid or an attorney.
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.
Not confirmed against its source · checked
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.
Not confirmed against its source · checked
Legal Aid Resources
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