Delaware Renters: Addressing Secondhand Smoke Complaints

Secondhand smoke can pose serious health and safety concerns for renters in Delaware. Understanding your rights and the steps you can take empowers you to create a healthier living environment while respecting those around you. This guide explains Delaware’s rules on secondhand smoke in rental properties, how to address complaints, and where renters can seek help—all in clear language for every tenant.

Understanding Secondhand Smoke Protections in Delaware Rentals

Delaware law prohibits smoking in most indoor public places and workplaces, including some common areas in multi-unit housing. However, there is no statewide law that bans smoking inside private residences or individual apartments unless stated in your lease. Still, landlords have the authority to designate non-smoking properties or areas, and renters have the right to reasonably enjoy their homes without health hazards.

• Lease Agreements: Rental leases may include explicit rules regarding smoking. Always review your lease for any smoking policy.
• Health & Safety Standards: Under the Delaware Residential Landlord-Tenant Code, landlords must maintain safe and habitable housing, including proper ventilation and addressing dangers affecting a renter's health.¹

While secondhand smoke is not specifically listed as a "hazard," excessive or persistent smoke intrusion may constitute a breach of your right to quiet enjoyment, especially if it endangers your health.

How to Address Secondhand Smoke Complaints

If you're experiencing secondhand smoke in your Delaware rental, follow these recommended steps to resolve the issue effectively and protect your rights:

• Document the Issue: Keep a log of dates, times, and circumstances when smoke enters your unit. Take photos or note any impacts on your health.
• Check Your Lease: Look for any no-smoking clauses or relevant house rules.
• Communicate with Your Landlord: Politely inform your landlord in writing about the issue, explaining how the smoke affects your living space and referencing any health conditions, lease terms, or Delaware landlord-tenant law.

• Formal Complaint: If the issue continues, submit a formal, dated written complaint to your landlord. Delaware does not have a required form for smoke complaints, but you may reference the Tenant Complaint – Summary Possession (Form CF01) if you later seek court intervention.²
• Seek Mediation: Delaware Justice of the Peace Court offers mediation for landlord-tenant disputes. This voluntary process may help achieve a compromise without formal court proceedings.
• File with the Justice of the Peace Court: If smoke infiltration is severe and your landlord fails to address it after written notice, you can file a formal complaint with the Delaware Justice of the Peace Court Landlord-Tenant Section.

Every situation is unique. Delaware renters are encouraged to remain proactive and maintain records for their own protection.

Relevant Official Forms for Delaware Tenants

• Tenant Complaint – Summary Possession (Form CF01): Use this if the landlord fails to address serious health or safety issues after written notice. For example, if secondhand smoke is so severe that the property is uninhabitable, a renter can file this form with the court to initiate a legal claim. Access the official form here.²
• Written Notice to Landlord (No Official Form): Delaware law requires renters to provide written notice before pursuing many remedies. While there’s no mandated template, always keep copies and send via certified mail if possible.¹

Delaware Tribunal Handling Tenancy Disputes

Any unresolved secondhand smoke matters may be addressed by the Justice of the Peace Court Landlord-Tenant Section, which is the official body overseeing residential tenancy matters in Delaware.

Summary of Delaware Tenancy Legislation

Delaware tenancy protections and processes for rental complaints are defined in the Delaware Residential Landlord-Tenant Code (Title 25, Chapter 53).¹ It covers landlord duties for habitability, both parties’ rights, as well as the complaint process and available remedies.

FAQ: Delaware Renters and Secondhand Smoke

1. Does my landlord have to fix secondhand smoke problems from neighbors?
   Landlords must provide safe and habitable housing. If secondhand smoke makes your unit unsafe or violates your lease, your landlord should take reasonable steps to fix the issue. However, if there’s no policy or local law, your rights may depend on your lease and documentation.
2. Can I break my lease if secondhand smoke is making me sick?
   If secondhand smoke is severe and your landlord does not help after written notice, you may have grounds to terminate your lease under Delaware law, but only after following all required legal steps and documenting the problem.
3. Is there a statewide ban on smoking in Delaware apartments?
   No. Delaware does not have a law banning smoking inside individual apartments, but landlords can create no-smoking policies for their properties.
4. How do I officially file a complaint if my landlord ignores my concerns?
   You can file a Tenant Complaint – Summary Possession (Form CF01) with the Justice of the Peace Court Landlord-Tenant Section if all prior communication fails.
5. Is my written complaint to the landlord enough for court?
   Your written and dated complaint is essential. Save copies as the Justice of the Peace Court will require proof of your attempts to resolve the matter before accepting your case.

Conclusion: Key Takeaways

• Check your lease for any smoking policy and document all smoke-related issues thoroughly.
• Communicate clearly with your landlord and use written notice for all complaints.
• Delaware’s Justice of the Peace Court handles housing disputes and provides forms and assistance if needed.

Knowing your rights, the process, and available official resources makes it easier to address secondhand smoke and maintain a safe rental home.

Need Help? Resources for Renters

• Delaware Residential Landlord-Tenant Code: For complete legal rights and obligations
• Justice of the Peace Court Landlord-Tenant Section: File complaints, seek mediation, view required forms
• Delaware Department of Justice - Landlord Tenant Information: For general tenant advice and support
• Delaware Division of Public Health – Tobacco Prevention: Guidance on smoke-free housing and secondhand smoke info

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1. See: Delaware Residential Landlord-Tenant Code (Title 25, Chapter 53)
2. See: Delaware Tenant Complaint – Summary Possession (CF01)

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