Can I withhold rent if my landlord doesn’t fix storm damage?

No, Delaware law does not allow renters to simply withhold rent. Instead, you must give written notice of needed repairs and may have the right to end your lease or file a claim with the Justice of the Peace Court if repairs are not made.

What should I do if my rental is unlivable after a flood?

Notify your landlord in writing immediately, attach photos, and state your intention to end the lease if the property is uninhabitable. You should request a return of your deposit and unused rent.

Who pays for emergency repairs after storm or flood damage?

Delaware landlords are legally responsible for making major repairs unless the tenant or their guests caused the damage.

Can my landlord evict me during a state of emergency or disaster?

Delaware evictions are not automatically paused, but official emergency orders from the governor may temporarily stop evictions. Check for updates on the Governor’s website.

Where do I file a complaint if my landlord doesn’t respond to urgent repairs?

You can file a civil complaint with the Delaware Justice of the Peace Court. For health or safety issues, contact your local code enforcement office.

Delaware Renter Emergency Rights for Storms and Flooding

Security, Locks & Emergency Protections Delaware published June 21, 2025

If you rent a home or apartment in Delaware, knowing your rights during a storm or flood emergency is essential for your safety and well-being. Severe weather, flooding, and other disasters can cause major property damage and disrupt lives. Delaware state law provides important protections for renters facing these emergencies—including requirements for landlords to make repairs, access to special protections against eviction, and steps you can take if your rental becomes unlivable. This article explains your rights clearly and points you to official forms and support.

Key Storm and Flood Emergency Protections for Delaware Renters

Delaware’s landlord-tenant laws outline basic safety, repair, and emergency procedures during and after severe weather events. Here’s what renters should know:

Landlord Repair Duties: Delaware landlords must keep rental units “fit for human habitation” and promptly repair or address emergency conditions caused by storms or floods that make the unit unsafe or unlivable (Delaware Residential Landlord-Tenant Code § 5305).
Notice Requirements: Renters must notify the landlord in writing as soon as possible about dangerous damages or conditions (e.g., flooding, structural damage, loss of utilities).
Temporary Relocation or Rent Reduction: If your unit is partially destroyed and becomes partially unusable due to a storm or flood, you may be entitled to a partial rent reduction or, in severe cases, may terminate your lease early under certain conditions.
Eviction Protections in States of Emergency: In official declared emergencies, special orders may pause evictions. Always check current Delaware emergency orders on the Governor’s Office State of Emergency page.
Anti-Retaliation Protections: Your landlord cannot evict or retaliate against you for requesting repairs or reporting unsafe conditions (Delaware Code § 5516).

What If Your Rental Is Uninhabitable After a Disaster?

If a storm or flood leaves your home uninhabitable (totally unsafe or destroyed), you may have the right to terminate your lease with appropriate notice and documentation.

Under Delaware Code § 5307, if the premises are substantially destroyed or rendered unfit for living not caused by you or your guests, you can notify the landlord in writing to end the lease effective immediately.
Any prepaid rent must be refunded for the days after move-out. Your security deposit should be returned according to standard procedures unless you caused the damage.

Official Forms for Rental Emergencies or Repairs

Delaware does not require a special, state-issued “emergency repairs” form, but you should always make your written notice as clear and official as possible. Use the following templates and steps:

Notice to Landlord of Needed Repairs (No official form number): Send written notice (mail, e-mail, or Delaware Message Portal) describing all storm/flood damage and that repairs are needed. It’s wise to include photos and keep a copy for your records. See guidance at Delaware Department of Justice Landlord-Tenant Code.
Notice of Lease Termination Due to Uninhabitable Premises (No official form): If the rental is unfit to live in, provide a dated written letter stating you are terminating the lease under § 5307, attach evidence (like photos, inspection reports), and request return of any prepaid rent and your security deposit. Samples and steps are found on the Justice of the Peace Court civil forms page.

After you submit your notice, your landlord has a limited time to act depending on the severity of the condition and the terms of your lease.

Where to File a Complaint if Repairs Aren’t Made

If your landlord refuses to make emergency repairs, you can file a complaint or pursue action through the Delaware Justice of the Peace Court, which handles rental disputes. If health or code violations exist, you can also contact your local code enforcement office or the Division of Public Health.

If your rental home is unsafe after a storm or flood, always document with photos, provide written notice to your landlord, and keep copies for your own records. Seek legal or tenant support services if your landlord isn’t responding.

Delaware’s Governing Tribunal and Applicable Legislation

The Delaware Justice of the Peace Court is the official tribunal for residential tenancy disputes. Find their procedures, forms, and contact details on the Delaware Justice of the Peace Court website.
The main law that protects Delaware renters is the Delaware Residential Landlord-Tenant Code (Title 25, Chapter 51).

For more information on legislative coverage and updates, visit the Delaware Landlord-Tenant Code.

FAQ: Delaware Storm and Flood Emergency Rights

Can I withhold rent if my landlord doesn’t fix storm damage?
No, Delaware law does not allow renters to simply withhold rent. Instead, provide written notice of needed repairs. If your landlord does not respond, you may have the right to end your lease or file a claim with the Justice of the Peace Court.
What should I do if my rental is unlivable after a flood?
Notify your landlord in writing immediately, take photos, and state your intention to end the lease if the property is uninhabitable. Ask for your security deposit and any unused rent to be returned.
Who pays for emergency repairs after storm or flood damage?
Landlords are legally responsible for making major repairs needed for safety unless you or your guests caused the damage.
Can my landlord evict me during a state of emergency or disaster?
While evictions are not automatically paused in all emergencies, statewide emergency orders may temporarily stop eviction proceedings during declared disasters. Check for up-to-date orders from the Delaware Governor’s Office.
Where do I file a complaint if my landlord doesn’t respond to urgent repairs?
You can file a civil complaint with the Justice of the Peace Court. Your local code enforcement office can also help if the issue is a health or safety code violation.

Summary and Key Takeaways

Delaware landlords must fix storm and flood damage to keep rentals livable and safe.
Send written notice and documentation to your landlord if there’s a major storm or flood emergency in your unit.
If your home becomes unlivable and isn’t your fault, you may terminate your lease and seek a refund of unused rent and your deposit.
For serious disputes or if repairs aren’t made, the Justice of the Peace Court handles rental complaints and disputes in Delaware.

If you remember to document, notify promptly, and keep records, you’ll be in a stronger position to protect your rights after an emergency.

Need Help? Resources for Renters

Delaware Department of Justice – Landlord-Tenant Code Help: Information and guidance for renters and landlords
Delaware Justice of the Peace Court: For filing official rental complaints or pursuing lease termination disputes
Delaware 2-1-1: Connects renters with disaster recovery, housing assistance, and legal help
Governor’s State of Emergency Orders: Find updates on active emergency protections