What should a Delaware renter do if repairs are not made?

Inform your landlord in writing and allow time for a response. If unresolved, contact your local code office or file a complaint with the Justice of the Peace Court.

Can I withhold rent if my landlord ignores code violations?

You may have this option under Delaware law, but you must follow the legal process and provide written notice before withholding rent.

Are smoke detectors required in every Delaware rental?

Yes. All Delaware rentals must have working smoke detectors, which landlords must install and maintain.

How do I know if my rental is up to code?

Contact your local city or county code enforcement office, or refer to the Delaware Building Codes Fact Sheet for the latest standards.

Who can help resolve habitability disputes?

The Justice of the Peace Court—Landlord/Tenant Section handles habitability and code dispute cases in Delaware.

Delaware Building Codes: What Renters Need to Know

Maintenance, Repairs & Habitability Delaware published: June 21, 2025

Renting a home in Delaware comes with important protections and responsibilities. Understanding the building codes that landlords must follow is key to ensuring your rental stay is safe, healthy, and up to standard. This guide explains the essential building and habitability rules Delaware renters should know, how to handle violations, and where to turn for help—no legal background needed.

Why Building Codes Matter for Renters in Delaware

Delaware law requires landlords to provide rentals that meet local and state building codes, especially those meant for health and safety. These rules lay the foundation for repairs, maintenance requests, and even eviction rights.

Key Building Code Requirements for Delaware Rentals

Safe Structure: The property must be structurally sound, free of leaks, holes, or unsafe flooring and stairs.
Plumbing and Water: Working plumbing is required. Hot and cold running water, sanitary toilet, and proper waste disposal must be provided.
Electricity: All electrical systems—including lighting and outlets—must be safe and compliant with code.
Heating: Rentals should have adequate heating facilities for all living spaces.
Pest and Vermin Control: The unit should be free from rodents, insects, and mold. Landlords must address pest issues caused by structural defects.
Smoke and Carbon Monoxide Detectors: Working smoke detectors are mandatory in all residences. Carbon monoxide detectors are required if the property uses fuel-burning appliances.
Locks and Security: Doors and windows accessible from the outside must have working locks.

Delaware adopted the International Property Maintenance Code (IPMC) and follows local code enforcement. Municipalities (like Wilmington and Dover) may have stricter rules. Always check with your local city or county code enforcement office if unsure.

What Is Considered a Habitability Violation?

If your rental lacks basic utilities, has unresolved leaks, pest problems, or unsafe features, this can be a violation of Delaware’s building codes and rental laws. Serious code issues may make your home legally "uninhabitable." Under Delaware’s landlord-tenant law, landlords are required to fix such conditions within a reasonable time after written notice from the tenant.^[1]

How to Request Repairs and Enforce Building Codes

If you spot a code or habitability issue, here’s what to do:

Document the problem with photos, dates, and detailed descriptions.
Notify your landlord in writing. Use clear language to describe the violation and request repairs.
Allow a reasonable time for the landlord to respond—usually 15 days unless the issue is urgent.
If unresolved, you can contact your local code enforcement or the Delaware Consumer Protection Unit.

If your home is unsafe or repairs are ignored, you may have the right to withhold rent, make repairs yourself and deduct costs, or even terminate the lease—always follow legal procedures and keep records.

Relevant Forms for Delaware Renters

Tenant Request for Repairs Form
(No standard state-issued form; use a written, dated letter or template)
When to use: Whenever you notify your landlord of necessary repairs or habitability concerns.
How to use: Clearly describe the issue, the date you noticed it, and request specific repairs. Keep a copy. See a tenant repair letter sample from the Delaware Attorney General.
Complaint to the Justice of the Peace Court
Form CF01—Complaint: Summary Possession
When to use: If your landlord attempts to evict you for reporting code violations, or if legal action becomes necessary.
How to use: File form CF01 at your local Justice of the Peace Court - Landlord/Tenant Section with all supporting documents.
Download Form CF01: Complaint: Summary Possession

Which Tribunal Handles Landlord-Tenant Issues?

In Delaware, the Justice of the Peace Court—Landlord/Tenant Section is the official tribunal handling rental and building code disputes, including habitability, repairs, and evictions.

Key Law: Delaware Residential Landlord-Tenant Code

Your rights and responsibilities are outlined in the Delaware Residential Landlord-Tenant Code (§ 5101–5907). This comprehensive law covers habitability, repair obligations, form notices, and more.^[1]

FAQ: Delaware Building Codes & Renters

What should a Delaware renter do if repairs are not made?
Inform your landlord in writing, keep copies, and allow time for a response. If the problem continues, contact your local code office or the Justice of the Peace Court.
Can I withhold rent if my landlord ignores code violations?
Possibly, but you must follow the legal process in the Residential Landlord-Tenant Code. Document everything and send written notice before withholding rent.
Are smoke detectors required in every Delaware rental?
Yes, smoke detectors must be installed and working. Landlords must maintain these and address any malfunctions promptly.
How do I know if my rental is up to code?
Contact your local city or county code enforcement office, or refer to the Delaware Building Codes Fact Sheet for the latest state standards.
Who can help resolve habitability disputes?
The Justice of the Peace Court—Landlord/Tenant Section can hear formal complaints if landlord-tenant talks break down.

Conclusion: What Delaware Renters Should Remember

Delaware law protects your right to a safe and habitable home.
Ask for repairs in writing and keep clear records.
Justice of the Peace Court is your resource for unresolved disputes.

Staying informed about building codes and habitability standards helps you take confident and effective steps when rental issues arise.

Need Help? Resources for Renters

Delaware Attorney General Consumer Protection Unit: File complaints or get help understanding your rights.
Justice of the Peace Court—Landlord/Tenant Section: Handles eviction, repair, and habitability cases.
Delaware State Housing Authority: Renter assistance, housing programs, and local code links.
City of Dover Code Enforcement or local city/county code enforcement agencies for building code complaint assistance.