Delaware Rental Housing Health Standards: What Renters Need to Know

If you rent a home or apartment in Delaware, state law protects your right to live in a safe, healthy, and habitable space. Delaware’s minimum housing health codes set standards landlords must meet, covering heat, plumbing, mold, pests, structural safety, and more. Knowing these standards can help you recognize when problems arise and understand what steps you can take if your landlord isn’t meeting their responsibilities.

Minimum Health and Safety Standards for Rentals in Delaware

Delaware’s Landlord-Tenant Code outlines what makes a rental unit habitable and safe.^[1] These rules apply to all rental properties, whether an apartment, house, or mobile home.

Key Rental Health and Safety Requirements

• Water, Heat, and Electricity: Rentals must have running hot and cold water, adequate heat, and safe electrical service.
• Plumbing and Sanitation: Each unit needs a working toilet, sink, and bathtub or shower in good repair.
• Weatherproofing: The roof, doors, and windows must keep out rain, wind, and pests.
• Smoke Detectors: Working smoke detectors are required in all rentals.
• Pest Control: The landlord must ensure units are free from infestations when a tenant moves in.
• Cleanliness and Waste: Shared areas (hallways, laundry rooms) must be clean; trash removal must be arranged.

These are just some examples—see Delaware’s official standards for a full list. Cities and counties may also have their own stricter ordinances, so check your local government’s website.

Common Health Code Issues in Rentals

• Broken or leaking plumbing
• No heat or unsafe heating systems
• Mold, mildew, or water damage
• Pest or rodent infestations
• Exposed electrical hazards
• Blocked emergency exits

If you experience one or more of these issues, you may have the right to request repairs or, in serious cases, file a complaint.

How to Get Repairs or Report Unsafe Conditions

If your home isn’t meeting minimum health standards, Delaware law requires you to notify your landlord in writing before further action.^[1] Keep a copy of all communications.

Required Official Form

• Notice to Landlord to Remedy (Form 403):
  • When to Use: If your landlord hasn’t fixed dangerous or unhealthy conditions after you’ve made them aware.
  • How to Use: Fill out the Notice to Landlord to Remedy (Form 403) and deliver it to your landlord, stating the problems clearly.
  • Practical Example: If your heat isn’t working in the winter, complete Form 403 and send it to your landlord, requesting repairs within the timeframe set by law.

Allow your landlord the required time to respond (up to 30 days for most repairs, unless it’s an emergency). If they don’t make repairs in a reasonable time, you may have options such as requesting a rent deduction, filing a complaint, or in serious cases, involving the courts.

How to File a Complaint or Seek Legal Help

• Contact your local housing code enforcement office to report unresolved safety or health issues.
• If major repairs aren’t made, you can apply to the Delaware Justice of the Peace Court—the tribunal handling landlord-tenant disputes in Delaware.

The Justice of the Peace Court covers matters like habitability claims, rent escrow, and repair requests. Make sure you provide evidence of written notices and unsolved issues.

Relevant Delaware Laws and Where to Find Them

• Delaware Residential Landlord-Tenant Code (Title 25, Chapter 53)
• Delaware Landlord-Tenant Relations

For more information, refer to the Delaware Attorney General’s Landlord-Tenant Resource Page.

Frequently Asked Questions

1. What do I do if my landlord won’t fix health or safety code violations?
   Provide written notice using the official form, then follow up with your local code enforcement office or file a case with the Delaware Justice of the Peace Court if repairs are not made.
2. How long does my landlord have to make repairs in Delaware?
   Typically, landlords have up to 30 days for non-emergency repairs after being notified, but quicker action is required for urgent safety risks.
3. Who handles rental housing disputes in Delaware?
   All residential tenancy disputes are handled by the Delaware Justice of the Peace Court.
4. Can I withhold rent if my place isn’t safe or healthy?
   Delaware law allows limited rent withholding or paying rent to the court, but you must follow specific legal steps. Always seek advice or consult official resources first.
5. Is there a form for notifying my landlord about repairs?
   Yes. Use the Notice to Landlord to Remedy (Form 403) to make your complaint official.

Key Takeaways for Delaware Renters

• Delaware law sets minimum health and safety standards your landlord must meet.
• Always notify your landlord in writing and keep records if there are issues.
• Use official forms and legal channels—such as code enforcement or the Justice of the Peace Court—if problems are not resolved.

Staying informed and documenting issues gives you a strong foundation for resolving any housing health problems.

Need Help? Resources for Renters

• Delaware Justice of the Peace Court (Landlord-Tenant) – handles rental disputes and repairs
• Delaware Attorney General Landlord-Tenant Call Center – tenant assistance and complaints
• Delaware Division of Public Health – Housing Complaints
• Delaware Legal Help Link – free legal aid for renters

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1. Delaware Residential Landlord-Tenant Code (Title 25, Chapter 53)
2. Notice to Landlord to Remedy (Form 403), Justice of the Peace Court, State of Delaware
3. Delaware Justice of the Peace Court

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