Delaware Landlord Responsibilities: Heat and Hot Water

If you’re renting in Delaware, you deserve a safe and comfortable home. Adequate heat and hot water are not just conveniences—they are protected under state law. This guide explains Delaware landlord requirements for heat and hot water, what to do if your rental is not meeting standards, and official resources for support.

What Are Landlords Required to Provide in Delaware?

Delaware law requires landlords to keep rental units “fit for human habitation.” This includes providing working heating systems and hot water at all times. The laws protect renters from living in unsafe or uninhabitable homes.

Heat Requirements

• Your landlord must supply and maintain heating systems in good working order at all times.
• There is no specific minimum indoor temperature in Delaware law, but the standard is that the heating system must keep the unit reasonably warm for health and safety, especially during colder months.
• If a rental agreement puts responsibility for heat maintenance on the tenant, it must be clearly stated in writing.

Delaware Landlord-Tenant Code, Section 5303 covers landlord maintenance duties, including heating systems.^[1]

Hot Water Requirements

• Landlords must supply running hot water in bathrooms, kitchens, and laundry areas at all times.
• Hot water systems must be kept in good, safe working condition.

If your unit’s hot water system breaks, report it promptly. The landlord is required to fix the problem within a "reasonable time," which typically means as soon as possible, depending on the issue's urgency.

If Your Heat or Hot Water Stops Working: What to Do

If your owner does not fix issues within a reasonable time, you have several protections:

• Notify your landlord in writing as soon as you notice a problem. Keep copies for your records.
• If the landlord fails to act, you may have the right to withhold rent or make repairs yourself and deduct the cost from your rent—but only by following state law procedures.
• You can file a complaint with the official Delaware Justice of the Peace Court, which handles landlord-tenant disputes. (Landlord-Tenant Section of the Justice of the Peace Court)

Official Forms for Renters

• Petition for Summary Possession (Form CF01) – Use this form if you need to take a landlord to court for not providing required repairs.
  Example: If your landlord ignores your requests to fix the heat, you can file this petition with the Justice of the Peace Court to ask for repairs or termination of your lease.
• Tenant’s Complaint for Repairs (Form CF35) – This form can be helpful if you want the court to order your landlord to make repairs affecting health and safety.
  Learn more and download directly at the Justice of the Peace Court’s landlord-tenant forms page.

Your Rights Under Delaware Law

• Your landlord cannot retaliate or evict you just because you request repairs or report code violations.
• All requirements are governed by the Delaware Landlord-Tenant Code, Sections 5301 and 5303.
• Emergency situations (like losing heat in winter) may qualify for faster remedies.

You have the right to safe, habitable housing as long as you fulfill your obligations as a tenant (like paying rent and not damaging the property).

FAQ: Delaware Heat and Hot Water Rules

1. Can my landlord turn off the heat or hot water?
   No. Landlords must always provide heat and hot water. Turning it off is not allowed, even during repairs—they must restore service promptly.
2. What should I do first if I don’t have heat or hot water?
   Notify your landlord in writing immediately and keep a copy. If they don’t respond, you can escalate your complaint through the Justice of the Peace Court.
3. Is there an official temperature my landlord must keep my apartment?
   Delaware law does not specify an exact temperature, but heating must be sufficient to keep your home safe and healthy.
4. Can I fix the problem myself and deduct it from my rent?
   Sometimes, but only if you first follow all legal procedures, including written notification and reasonable waiting periods. Consult the Delaware Landlord-Tenant Code Section 5307 for details.
5. Where do I file a repair complaint?
   File with the Justice of the Peace Court Landlord-Tenant Section using the proper forms.

Conclusion: Key Takeaways

• Delaware landlords must always provide working heat and hot water.
• Tenants should notify landlords in writing about problems and keep documentation.
• If repairs are not made, Delaware provides official forms and court processes to support renter rights.

Understanding your legal protections helps ensure your rental stays safe and comfortable year-round.

Need Help? Resources for Renters

• Justice of the Peace Court—Landlord-Tenant Section – Official tribunal for filing repair complaints and tenant petitions.
• Delaware Landlord-Tenant Code – Complete text of current landlord and tenant laws.
• Delaware Attorney General Landlord-Tenant Resource Page – State legal support and general guidance.
• Delaware State Housing Authority—Renter Resources

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1. [1] Delaware Landlord-Tenant Code § 5303
2. [2] Justice of the Peace Court Landlord-Tenant Section
3. [3] Petition for Summary Possession (Form CF01)
4. [4] Tenant’s Complaint for Repairs (Form CF35)
5. [5] Delaware Attorney General Landlord-Tenant Resources

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