Delaware Rental Smoking Policies: Rights and Disclosures

If you are moving into a rental property in Delaware, it’s important to understand the rules around smoking in rental units. Smoking policies can affect your quality of life, your relationship with your landlord or neighbors, and even your rights during and after your tenancy. Delaware law provides guidance on how landlords must address smoking in their rental units and what rights renters have regarding smoking rules and disclosures.

Overview of Smoking Policies in Delaware Rentals

In Delaware, there is no statewide law banning smoking in private rental units. However, under Delaware landlord-tenant law, landlords can establish their own smoking policies as part of the lease agreement. These rules must be clear and disclosed to tenants before move-in.

Smoking rules might include:

• Completely prohibiting smoking within the rental unit
• Allowing smoking only in certain areas (e.g., balconies or designated smoking zones)
• No restrictions on smoking, if not addressed in the lease

What Landlords Must Disclose about Smoking

Although there is no specific form that landlords must use to disclose smoking policies, the Delaware Residential Landlord-Tenant Code requires that any rules or changes to the lease — including smoking policies — must be provided to tenants in writing. This applies both at lease signing and if rules change during your tenancy.^[1]

If a landlord wants to ban smoking after you have already moved in, they must give at least 30 days’ written notice before enforcing the new rule, unless your lease already allows for those kinds of rule changes.

Your Rights as a Renter Regarding Smoking Policies

As a Delaware renter, you have the right to clear and honest communication about any policies that impact your living situation, including whether smoking is allowed. If smoking is allowed in your building, but you have health concerns or are affected by secondhand smoke, you may raise the issue with your landlord or seek a reasonable accommodation if you have a qualifying disability.

Relevant Delaware Forms for Renters

• Lease Agreement: This is your primary document. Delaware doesn’t require a specific form statewide, but you should ensure your lease addresses smoking policies. For examples and lease guidelines, visit the Delaware Department of Justice Landlord-Tenant Code page.
• Notice of Rule Change: If your landlord changes building rules (including creating or lifting a smoking ban), they are required to notify you in writing at least 30 days in advance. While there’s no specific government template, written notice must reference changes in compliance with Section 5301 of the Delaware Residential Landlord-Tenant Code.

Example: If your building decides to go smoke-free, your landlord might deliver a written letter announcing the new no-smoking policy and the date it will take effect.

Dealing With Neighbor or Landlord Smoking Issues

If smoke from another unit affects your health or enjoyment of the property, you have options:

• First, communicate with your landlord to seek a solution
• If the smoke violates the lease or affects your health, document the problem in writing and save any evidence
• If you have a disability made worse by smoke, you may make a request for a reasonable accommodation under fair housing laws
• If unresolved, Delaware tenants can seek mediation or file a complaint through the Justice of the Peace Court, which handles residential tenancy matters

For an overview of how disputes are addressed, visit the Delaware Justice of the Peace Court – Landlord/Tenant resource.

Legislation Protecting Delaware Renters

• The Delaware Residential Landlord-Tenant Code governs the rights and responsibilities of both landlords and renters, including disclosures and rule changes about smoking in rental units.

Always refer to the Delaware Residential Landlord-Tenant Code for the most current and official legal guidance.

FAQ: Smoking and Rentals in Delaware

1. Can my Delaware landlord ban smoking after I’ve moved in?
   Yes. As long as the landlord gives you at least 30 days’ written notice of rule changes (unless your lease says otherwise), they can introduce a new no-smoking policy.
2. What can I do if secondhand smoke from another tenant bothers me?
   You should first discuss the issue with your landlord. If the situation affects your health, you can provide written complaints, seek a reasonable accommodation for a disability, or contact the Justice of the Peace Court if unresolved.
3. Am I required to sign a specific smoking disclosure form in Delaware?
   No. Delaware does not require a specific form, but the lease or house rules must state the smoking policy in writing.
4. What agency handles landlord-tenant complaints in Delaware?
   The Justice of the Peace Court oversees rental disputes, including those involving smoking policies.
5. Where can I read the laws about smoking and disclosures in Delaware rentals?
   The Delaware Residential Landlord-Tenant Code outlines your rights and lease requirements.

Key Takeaways for Delaware Renters

• Landlords must clearly state smoking policies in writing before or at lease signing
• You must get at least 30 days’ written notice if your landlord changes the smoking policy
• If you face problems with secondhand smoke or unclear rules, reach out to your landlord or the Justice of the Peace Court for help

Understanding smoking rules in your rental is important for your comfort and legal protection. Review your lease carefully and communicate openly about any concerns regarding smoking and disclosures.

Need Help? Resources for Renters

• Justice of the Peace Court – Landlord/Tenant: Official resource for rental disputes, mediation, and complaint filing in Delaware
• Delaware Attorney General – Landlord-Tenant Information: Guidance on rights, code, and sample forms
• Delaware Residential Landlord-Tenant Code: Full text of rental laws and requirements

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1. Delaware Residential Landlord-Tenant Code (Title 25, Chapter 53), Section 5301 and 5511
2. Justice of the Peace Court – Landlord/Tenant
3. Delaware Attorney General – Landlord-Tenant Information

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