Delaware Landlord Repair Rules: What Renters Must Know

If you’re renting a home or apartment in Delaware, it’s important to know your rights when it comes to maintenance and repairs. Delaware law requires landlords to keep rental properties safe, healthy, and in good repair. Understanding both your rights and the steps to take if repairs are needed can make resolving issues quicker and less stressful.

Landlord Duties for Repairs and Habitability in Delaware

Delaware’s Landlord-Tenant Code requires all landlords to make sure their rental properties are safe and livable. This is often called the “implied warranty of habitability.” That means your landlord must:

• Follow all health, safety, and housing codes
• Keep common areas clean and safe
• Make all repairs needed to keep the property fit to live in
• Provide essential services, such as heat, hot and cold water, electricity, and sanitation
• Maintain plumbing and heating in good working order
• Keep structural elements (roofs, walls, floors, stairs) in safe condition

If your rental has any of these problems and your landlord doesn’t resolve them, you have the right to take action as a renter.

How to Request Repairs from Your Landlord

If something in your unit needs repair, such as broken heat during winter or a leaking roof, take these steps:

• Notify your landlord in writing (such as an email or letter) as soon as possible. Be specific about the problem.
• Keep a copy of all communications for your records.
• Your landlord has up to 15 days to make non-emergency repairs after receiving written notice, unless it’s an emergency (e.g., no heat in winter, electrical hazard), which should be fixed more quickly.^[1]

What If the Landlord Does Not Make Repairs?

If the issue is not addressed in a reasonable time, renters have options under Delaware law. These may include:

• Contacting the local housing code enforcement office to request an inspection
• Filing a complaint or taking your landlord to court for failing to maintain the premises
• In some situations, sending a notice of intent to repair and deduct, or terminate the lease if the repairs are major and affect health or safety (always check Delaware’s Landlord-Tenant Code and seek official advice before taking drastic action)

Official Delaware Tenant Forms for Repair Issues

• Landlord-Tenant Complaint Form (Form CF01A): If your landlord is not making required repairs after proper notice, you can file this form with the Justice of the Peace Court.
  • When to use: After giving written notice and waiting for the repair period, use this to formally open a dispute about repairs or unsafe living conditions.
  • Where to get it: Delaware Landlord-Tenant Complaint Form (CF01A)
• Housing Inspection Request: For unsafe or unhealthy conditions, renters may contact their city or county housing code enforcement to request an inspection. Each jurisdiction may have its own form or online portal:
  • Example: For Wilmington residents, use the City of Wilmington Housing Complaint Form. For other localities, check your city or county website.

Which Tribunal Handles Delaware Residential Tenancy Disputes?

Residential landlord-tenant cases, including repair issues, are heard by the Delaware Justice of the Peace Court. If you cannot resolve the repair issue directly with your landlord, you may file a complaint with this court using the above forms.

Relevant Delaware Rental Law

The rights and responsibilities discussed here are set out in the Delaware Landlord-Tenant Code, Chapter 53. Be sure to review the full text or consult with official agencies for complex situations.

1. What repairs must Delaware landlords make?
   Landlords must fix everything needed to keep your home safe and livable, such as plumbing, heating, electricity, and major structural items. They must also follow local health codes and maintain common areas.
2. How long does a landlord have to fix something in Delaware?
   After getting written notice, landlords generally have 15 days to make non-emergency repairs. Emergency repairs should be done as quickly as possible. If repairs take longer, you may have legal options.
3. Can a renter make repairs and deduct the cost in Delaware?
   Only in limited situations. Delaware law allows "repair and deduct" for certain issues if the landlord fails to fix major problems after notice, but you must follow strict notice procedures. Check Delaware's law or consult the Justice of the Peace Court for guidance.
4. What if my landlord ignores my repair requests?
   You can file a formal complaint with the Justice of the Peace Court or request a housing inspection from your local city/county housing office.
5. Who enforces rental housing codes in Delaware?
   Local government agencies (city or county code enforcement) respond to health or safety issues with inspections and can order landlords to fix violations.

Need Help? Resources for Renters

• Delaware Justice of the Peace Court: Landlord-Tenant Info (court forms & help)
• Delaware Attorney General Landlord-Tenant Program (complaints & legal info)
• Delaware Division of Public Health: Rental Inspection Info
• Check your local city or county website for housing code enforcement and complaint forms.

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1. [1] See Delaware Landlord-Tenant Code, Chapter 53, §5307–5313 for repair timelines and renter remedies.
2. Delaware Justice of the Peace Court landlord-tenant info: JP Court Landlord-Tenant Resources
3. Statewide tenant and housing information: Delaware Attorney General Landlord-Tenant Consumer Protection Unit

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