Can a Delaware Landlord Show Your Apartment While You Pack?

When your lease in Delaware is ending, it's common for landlords to want to show your apartment to future tenants or buyers. But what exactly are your rights if the landlord wants to show your home while you’re still living there and packing to move?

Landlord Entry and Showing Rights in Delaware

The main law that governs landlord and tenant rights in Delaware is the Delaware Residential Landlord-Tenant Code.^[1] This law details when and how a landlord can enter your apartment and what notice is required.

When Can a Landlord Enter Your Apartment?

• Your landlord can enter to show the property to prospective tenants, buyers, or contractors, but only during reasonable hours.
• They must give you at least 48 hours’ written notice before entering, except in emergencies.
• Showings must be at “reasonable times.” This usually means normal daytime hours, not early mornings, late evenings, or holidays.

If you’re busy packing or working from home, you can ask to coordinate showings at mutually convenient times. Your landlord cannot harass you or make unreasonable demands about showings.

What If You Don’t Want Showings While You Pack?

As a tenant, you cannot refuse all showings, but you do have the right to request a suitable time and expect privacy. If showings become disruptive, communicate your concerns in writing to your landlord. They are still required to follow the 48-hour written notice rule under Section 5311 of the Delaware Code.^[1]

Your Rights and Responsibilities

• Always request the landlord's written notice (email, mail, or posted letter are acceptable).
• Keep records of notices and any communications about showings.
• You must not unreasonably deny access but can ask to reschedule if the proposed time truly disrupts your packing or moving arrangements.

Landlords cannot show your apartment excessively, harass you, or ignore your privacy during your move-out phase.

Official Forms and How to Use Them

Landlord-Tenant Complaint Form

• Form Name: Landlord-Tenant Complaint (No form number)
• When Used: If you believe your landlord is violating your right to notice or privacy and you cannot resolve it informally, you may file this complaint with the Justice of the Peace Court.
• Landlord-Tenant Complaint form and instructions
• Example: If your landlord repeatedly enters without warning while you are packing to move out, submit this form to request a court hearing.

The Delaware Justice of the Peace Court handles most residential landlord-tenant issues. Visit the Justice of the Peace Court website for guidance and resources.

FAQ: Delaware Rental Showings and Move-Out

1. Can my landlord show my apartment while I am still living there?
   Yes, but only with at least 48 hours’ written notice and at reasonable times.
2. What if the landlord wants to show the apartment multiple times a week?
   This may be considered excessive. If it disrupts your daily life or packing, discuss boundaries with your landlord and keep written records.
3. Can I refuse all showings if I’m packing and moving?
   No, but you can request that showings be scheduled at convenient times. Refusing all access is not allowed without a valid safety or health reason.
4. What should I do if the landlord enters without proper notice?
   Keep documentation and consider filing a formal complaint through the Delaware Justice of the Peace Court using the Landlord-Tenant Complaint form.
5. Is email considered valid written notice?
   Yes, if you have previously agreed to accept notices this way. Otherwise, mailed or posted letters are typically used.

Conclusion and Key Takeaways

• Landlords in Delaware can show your apartment while you pack, but must give 48 hours’ written notice and schedule showings at reasonable times.
• Tenants can request alternative times and are protected from excessive disruption.
• If your landlord is not following the law, use the official Landlord-Tenant Complaint form to protect your rights.

Understanding your rights under Delaware law helps ensure a fair and respectful moving-out process.

Need Help? Resources for Renters

• Delaware Justice of the Peace Court (handles landlord-tenant disputes)
• Delaware Legal Assistance Programs
• Delaware Landlord-Tenant Code (Current Law)

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1. Delaware Residential Landlord-Tenant Code, Title 25, Chapter 53

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