Delaware Renters: Filing Effective Repair Requests

If you’re renting in Delaware and facing a maintenance issue—like a leaky faucet, broken heater, or pest problem—knowing your rights and the right steps to take can make all the difference. This guide explains how Delaware renters can file a repair request that leads to timely results, all while protecting your rights under Delaware law.

Your Right to a Safe and Livable Home in Delaware

Delaware law requires landlords to keep rental homes in safe and habitable condition. This includes working plumbing, heating, hot water, electrical systems, and maintaining basic cleanliness and safety. These legal standards are found in the Delaware Residential Landlord-Tenant Code, Chapter 53.^[1]

A landlord must generally make repairs within a “reasonable time”—usually 15 days for non-emergency problems and faster for urgent issues.

How to Make a Repair Request in Delaware

Properly requesting repairs is the first, crucial step. Delaware courts recommend documenting your request in writing to ensure clarity and proof.

Step 1: Notify Your Landlord in Writing

• Describe the repair clearly and state why it affects your living conditions.
• Include the date, your address, and best contact info.
• Request repairs within a reasonable timeframe (give at least 15 days for non-urgent items).
• Keep a copy for your records.

Step 2: Use the Official Delaware Sample Notice

The Delaware Department of Justice provides a sample "Tenant’s Written Demand for Repairs" letter. It’s not a numbered legal form, but is widely accepted by landlords and courts.

• Form Name: Sample Written Demand for Repairs Letter
• When to Use: If your landlord has not responded to your verbal or email repair requests.
• How to Use: Complete the letter, send it to your landlord by certified mail or with proof of delivery.
• Download the Delaware Sample Repair Demand Letter (PDF)

Step 3: Wait for a Reasonable Response

Delaware law generally expects landlords to begin repairs within 15 days of receiving your written notice.^[1] For emergency issues affecting health or safety, such as lack of heat in winter, a response may be required much faster.

Step 4: Next Steps If Repairs Are Not Made

• Keep documentation: Save all copies of letters, emails, and repair photos.
• Contact a state resource: The Delaware Department of Justice Office of the Common Interest Community Ombudsperson can help with unresolved complaints. Contact the Delaware Department of Justice Landlord-Tenant Section.
• File a formal complaint or pursue legal action: As a last resort, tenants may file a case with the Justice of the Peace Court—the official tribunal for landlord-tenant disputes in Delaware. Learn more at the Delaware Justice of the Peace Court Landlord-Tenant page.

Under Delaware law, you may be able to terminate your lease, withhold rent, or repair and deduct—but you must strictly follow the Delaware Residential Landlord-Tenant Code procedures to avoid legal trouble.^[1]

What to Do in an Emergency

If your rental becomes unsafe (e.g., no heat in freezing weather, major plumbing leaks), notify your landlord immediately by phone and in writing. Then follow up with the repair demand letter. Emergencies often require a faster response under the law.

FAQ: Delaware Renters and Repair Requests

1. How long does my landlord have to fix something in Delaware?
   Usually 15 days for non-emergency repairs after written notice. Emergencies may require immediate action.
2. What official form should I use to request repairs?
   Use the Delaware Sample Written Demand for Repairs Letter as a guide.
3. Can I withhold rent if my landlord doesn’t make repairs?
   Only in certain cases and if you follow all procedures in the Delaware Residential Landlord-Tenant Code. Seek legal advice first.
4. Who handles rental repair disputes in Delaware?
   The Justice of the Peace Court handles landlord-tenant matters.
5. Is my landlord responsible for pests or mold issues?
   Yes, landlords must address conditions that make the rental unlivable, such as serious pest infestations or mold, per Delaware law.

Key Takeaways for Renters

• Always put your repair request in writing using the sample letter and keep a copy.
• Landlords usually have 15 days to make non-emergency repairs in Delaware.
• Know your next steps if repairs aren’t made—contact state resources or the court.

By following these steps, you’ll be prepared to handle repair issues quickly and protect your rights as a Delaware renter.

Need Help? Resources for Renters in Delaware

• Delaware Department of Justice Landlord-Tenant Information – Official state guidance and complaint help.
• Justice of the Peace Court: Landlord-Tenant Section – File disputes or learn about the eviction and repair process.
• Sample Written Demand for Repairs Letter (PDF) – Use this template for your official repair notice.
• Delaware State Housing Authority – Housing and rent assistance resources.

---

1. Delaware Residential Landlord-Tenant Code, Chapter 53

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations