Can my landlord enter my unit at any time if they control the smart lock?

No. Delaware law requires at least 48 hours’ notice for non-emergency entries, even with smart locks.

Does my landlord have to give me a key or access code to a smart lock?

Yes. Landlords must provide you with the means to access your home.

Can I refuse a smart lock installation for privacy reasons?

You may raise concerns and request privacy assurances, but you generally cannot unreasonably refuse installation.

What should I do if I suspect my landlord is misusing smart lock data?

Document your concerns, communicate with your landlord in writing, and contact the Delaware Department of Justice if needed.

Can I change the smart lock code myself?

Always check your lease and consult your landlord before making changes to lock codes or systems.

Delaware Renters’ Guide to Smart Locks and Privacy Rights

Privacy Rights & Landlord Entry Delaware published June 21, 2025

If you’re a renter in Delaware, you may have noticed an increase in the use of smart locks—electronic locks on building or unit doors that can be controlled remotely. While these devices offer convenience and security, they also raise important questions about your privacy and your landlord’s legal right of entry. In this guide, we break down what Delaware law says about smart locks, landlord access, and how to protect your privacy as a tenant.

Understanding Smart Locks in Rental Properties

Smart locks are door locks that use technology such as keypads, mobile apps, or biometric sensors to control access. In rental housing, these systems allow landlords to manage entry more efficiently, provide keyless access, or monitor access history.

Potential Benefits and Concerns

Convenience: No more lost keys or lockouts.
Increased Security: Limited access for strangers or past tenants.
Privacy considerations: Some smart locks can track when doors are opened or closed, raising concerns about tenant surveillance or data security.
Landlord control: If a landlord retains remote access, it must be used only as permitted by law.

It's important for renters to know which rights they have when facing smart lock installations or use.

Landlord Entry Rights Under Delaware Law

Delaware’s Residential Landlord-Tenant Code (Title 25, Chapter 53) regulates when a landlord can enter a rental unit, whether using a physical or electronic key.

Notice Requirement: Landlords must provide at least 48 hours’ notice before entering, except in emergencies.
Purpose: Entry is allowed only for specific purposes such as repairs, inspections, or showings.
Reasonable Times: Entry should be during reasonable hours, unless otherwise agreed.

When smart locks are involved, the same notice rules—and your right to privacy—apply.

How Smart Locks Can Affect Your Privacy

While smart locks may allow for easier property management, landlords in Delaware must continue to respect your privacy rights. Delaware law does not allow landlords to freely monitor your comings and goings or to access your dwelling without following proper notice and purpose.

Access Logs: Some smart locks record access times. These logs are generally considered part of your private dwelling record and should not be used inappropriately.
Control Over Access: You have a right to know if your landlord maintains remote access, and any use must comply with Delaware entry laws.

Tip: If your landlord installs a smart lock, request written notice about who can access your unit, how data is stored, and what entry protocols are in place.

Your Rights and What Landlords Must Do

Landlords cannot interfere with your ability to access your home. Even with a smart lock, they must:

Provide you with unique access credentials (key code, app, or fob)
Give the required notice before any non-emergency entry
Give you advance notice if making changes to the locks or access system

In emergencies, like fire or flood, landlords can enter without prior notice, but must still act responsibly according to the law.

What To Do If Your Privacy Is Violated

If you believe your landlord has misused smart lock access or entered your home without following Delaware law, you have the right to take action.

Document the incident: Keep a record of dates, times, and details.
Communicate in writing: Let your landlord know about your concerns.
If unresolved, file a complaint or seek mediation through the Division of Consumer Protection.

Official Forms for Delaware Renters

Landlord-Tenant Complaint Form (Consumer Complaint Form): Used to file a complaint about illegal landlord actions, including privacy violations.
- Example: If your landlord accesses your apartment with a smart lock without the required 48-hour notice, use this form to report the situation.
- Access the official Consumer Complaint Form here
Request for Repair Form: Not a mandated state form, but it’s wise to put all repair requests in writing. Landlords cannot use smart locks to deny repairs or maintenance access when proper notice is given.

Who Handles Tenant Disputes in Delaware?

Residential tenancy disputes are usually handled in the Delaware Justice of the Peace Court (Justice of the Peace Court), which oversees landlord-tenant matters.

Find official procedures and forms related to landlord-tenant cases at Delaware Justice of the Peace Landlord-Tenant Resources.

FAQ: Smart Locks and Privacy in Delaware Rentals

Can my landlord enter my unit at any time if they control the smart lock?
No. Even with electronic access, landlords must give at least 48 hours’ written notice for non-emergency entries under Delaware law.^[1]
Does my landlord have to give me a key or access code to a smart lock?
Yes. You must have reasonable access to your home. Landlords cannot withhold entry credentials.
Can I refuse a smart lock installation for privacy reasons?
You can't unreasonably refuse, but you can request information and assurances that your privacy will be protected. Any lock change should not violate your right to access.
What should I do if I suspect my landlord is misusing smart lock data?
Document your concern, contact your landlord in writing, and, if needed, file a complaint with the Delaware Department of Justice.
Can I change the smart lock code myself?
You can request a code change, but altering locks without consent may violate your lease. Always check with your landlord or review your lease agreement.

Key Takeaways for Delaware Renters

Delaware law protects your right to privacy, even with smart locks in place.
Landlords must follow notice and entry rules, regardless of key type.
Use official forms and resources for complaints or disputes about privacy violations.

Understanding your rights gives you confidence and protection in a changing rental landscape.

Need Help? Resources for Renters

Delaware Department of Justice – Consumer Complaint Team (for reporting landlord violations or privacy concerns)
Justice of the Peace Court – Landlord-Tenant Resources (for forms, procedures, and hearings)
Delaware Residential Landlord-Tenant Code (Title 25, Chapter 53)
Delaware Division of State Service Centers (for housing resources)