Are all basement apartments legal to rent in Delaware?

No. A basement unit must meet state building codes and have required permits. If not, it may be an illegal rental.

What should I do if my basement apartment is damp or moldy?

Send your landlord a written notice; if it's not fixed, contact code enforcement or file a complaint with the Justice of the Peace Court.

How do I check if my basement apartment is up to code?

Ask for permits or safety inspections from your landlord, or contact your local building or code enforcement office.

Can the landlord increase rent on my basement apartment?

Yes, but Delaware law requires at least 60 days' written notice for any rent increase in a month-to-month lease.

Who handles tenant complaints or rental disputes in Delaware?

Delaware’s Justice of the Peace Court manages all formal landlord-tenant disputes, including repairs and evictions.

Delaware Basement Apartment Rental Laws: What Renters Need to Know

Special Housing Types & Situations Delaware published June 21, 2025

Thinking about renting a basement apartment in Delaware? It's an affordable option for many, but comes with unique legal and safety issues. Understanding the rules can help you protect your rights and make informed choices—whether you're about to sign a lease or already living in a basement rental.

The Legal Status of Basement Apartments in Delaware

Before you move in, it's important to know whether the basement unit is a legal rental. In Delaware, any apartment—including basement apartments—must meet state and local codes. This includes requirements for safety, occupancy, and habitability.

Building Permits: A legal basement apartment must be approved by the city or county. That means the landlord needs the right permits and inspections.
Health & Safety Codes: Basements must have proper ceilings, windows (for light and emergency exits), heat, ventilation, and working smoke/carbon monoxide detectors.
Zoning: Some neighborhoods or properties are not zoned for separate basement apartments. Renting one anyway may be a violation of local law.

If you’re unsure whether your basement apartment is legal, you can ask your local building or code enforcement office or check with Delaware's State Fire Marshal.

Tenant Rights and Key Delaware Laws

Basement tenants have the same rights as any renter under Delaware law. These rights are defined by the Delaware Residential Landlord-Tenant Code. Key protections include:

Right to a Habitable Unit: Landlords must provide safe, livable conditions—free from serious hazards such as mold, leaks, or lack of heat.
Written Lease: For rentals over one year, a written lease is required. Even for shorter terms, a lease protects your rights.
Notice Before Entry: With rare exceptions, landlords must give at least 48 hours' notice before entering your unit.
Rent Increases: Landlords must give at least 60 days’ written notice for any rent increase during a month-to-month tenancy.
Eviction Protections: Legal eviction requires proper notice and a formal process overseen by the Justice of the Peace Court.

Common Issues in Basement Rentals

Basement apartments sometimes bring extra concerns. Be aware of:

Moisture and Mold: Delaware's climate can lead to leaks and mold—both must be addressed by your landlord for safety.
Egress Windows: By law, there must be safe, accessible exits in case of emergency. Windows must be large enough for a quick escape.
Utilities and Rental Agreements: Clarify in your lease who pays for water, electric, and internet. Make sure your rental is metered or billing is fair.

Filing Complaints or Requesting Repairs

If your basement apartment is unsafe or repairs aren’t made, Delaware law gives you options:

Give written notice to your landlord about the needed repair, keeping a copy for your records.
If the problem isn't fixed, you can file a complaint with your local code enforcement or, for disputes about deposits or repairs, apply to the Justice of the Peace Court, which handles residential tenancy matters.

When moving out, if you believe your security deposit was unfairly withheld, you may use Form 26 - Landlord/Tenant Complaint to start the process in court.

Official Forms for Delaware Renters

Form Name: Landlord/Tenant Complaint (Form 26)
Use: File this if you're disputing a security deposit, rent, or a landlord's failure to make repairs. For example, if your landlord refuses to fix unsafe wiring or return your deposit after move-out, complete and file this form with the Justice of the Peace Court.
Get Delaware Landlord/Tenant Complaint Form 26 (PDF)

Summary: What Makes a Basement Apartment Legal in Delaware?

To sum up, for a basement rental to be legal and safe, it must meet building codes, have the right permits, and comply with the Delaware Residential Landlord-Tenant Code. Renters are protected whether the rental is above or below ground. If issues arise, Delaware has clear steps for getting repairs or taking complaints to the Justice of the Peace Court.

Tip: Always request a copy of your lease, and ask the landlord to show proof of permits or inspections for basement apartments.

Delaware Basement Apartment Renting: FAQs

Are all basement apartments legal to rent in Delaware?
Not necessarily. The basement must meet state building codes and have appropriate permits. Illegal rentals may lack proper exits, windows, or fire safety features.
What should I do if my basement apartment is damp or moldy?
Notify your landlord in writing. If the issue isn’t fixed, contact your local code enforcement or use the Justice of the Peace Court process.
How do I know if my basement apartment is up to code?
Ask your landlord for permits and safety inspection records. You can also check with your city or county building department.
Can my landlord increase the rent on my basement apartment?
Yes, but only with at least 60 days’ written notice for month-to-month leases, as required by Delaware law.
Who handles Delaware tenant complaints or disputes?
The Justice of the Peace Court is Delaware’s tribunal for landlord-tenant disputes, including repairs, deposits, and evictions.

Key Takeaways

Basement apartments must meet Delaware building codes and have local permits.
Renters have full rights under the Delaware Residential Landlord-Tenant Code.
Official forms and the Justice of the Peace Court are available if problems arise.

Need Help? Resources for Renters

Justice of the Peace Court – Landlord/Tenant Information: Handles tenant-landlord disputes and provides forms.
Delaware Attorney General – Landlord Tenant Unit: Consumer protection info and complaint process.
Delaware State Fire Marshal: Fire safety code and inspection information.
Delaware Residential Landlord-Tenant Code (Official Legislation)