Delaware Renters: Stop Unannounced Landlord Visits Legally

Feeling uncomfortable or violated by your landlord dropping by without warning? Delaware law protects your right to privacy—but it’s important to know exactly what your landlord can (and cannot) do when it comes to entering your rental home. This guide explains your rights, steps you can take to prevent unannounced visits, and how Delaware’s tenant laws support you.

Your Right to Privacy in Delaware Rentals

Delaware tenants are protected by the Delaware Residential Landlord-Tenant Code¹. This law requires landlords to respect your privacy and follow strict rules about entering your home.

• Landlords must give at least 48 hours written notice before entering, except in emergencies.
• Entry is allowed only at "reasonable times" (typically standard business hours).
• Emergency entry (such as for fire or major water leaks) is allowed without notice.

If your landlord continuously enters your unit without permission or proper notice, they may be violating your statutory rights.

What Counts as a Legal Entry by Your Landlord?

• Written notice: The landlord must provide a written notice specifying the day and time window for entry.
• Valid reasons for entry: Such as repairs, inspection, or showing the unit to prospective tenants or buyers.
• No harassment: The landlord cannot abuse the right of entry to harass or intimidate you.

Documenting Unauthorized Entries

If your landlord enters without notice, it’s important to document:

• Date and time of the entry
• Whether or not you received notice
• What the landlord did while inside your home
• Any communication afterwards

This documentation will help if you need to take future action or file an official complaint.

How to Respond to Unannounced Landlord Visits in Delaware

Here are practical steps Delaware renters can take to address and stop unauthorized entries:

• Politely remind your landlord in writing about the 48-hour notice rule, citing the Delaware Residential Landlord-Tenant Code (see Sec. 5509).
• Document every unannounced entry and your communications with the landlord.
• Send a formal written request asking the landlord to stop unnotified visits and comply with state law (keep a copy).
• If the issue continues, you have the right to file a complaint or take legal action.

Filing a Formal Complaint or Action

If reminders and requests don’t work, you can:

• File a formal complaint through the Delaware Justice of the Peace Court, the primary tribunal for residential landlord-tenant disputes.
• Consider pursuing an injunction (court order) to stop illegal entries.
• If you suffered financial losses or damages due to unauthorized entry, you may request compensation.

Useful Official Forms for Delaware Renters

• Justice of the Peace Court – Tenant’s Complaint (Form CF01): Use this if your landlord continues unauthorized entries. It allows you to state the issue and request the court's assistance. Download the Tenant’s Complaint Form CF01. Submit the form at your local Justice of the Peace Court. Example: If your landlord entered your home twice without notice after several written requests, complete and file this form to start an official court action.

Always check the Justice of the Peace Court official website for the most up-to-date forms and local filing instructions.

FAQ: Delaware Tenant Privacy and Landlord Entry

1. Can my Delaware landlord enter without notice for repairs?
   No; unless it’s an emergency, your landlord must give at least 48 hours' written notice before entering your rental to make repairs.
2. What can I do if my landlord keeps coming in unannounced?
   Document every incident, remind your landlord of their legal duties, and file a complaint in the Justice of the Peace Court if necessary.
3. Who handles landlord-tenant disputes in Delaware?
   The Delaware Justice of the Peace Court hears residential tenancy cases, including unauthorized entry complaints.
4. Is a text message from my landlord enough notice to enter?
   Delaware law requires 48 hours written notice; a text message can count as written notice, but should clearly state the reason, date, and time.
5. Can I change the locks if my landlord keeps entering illegally?
   You must not change the locks without landlord consent unless the court allows it. File a complaint first if your privacy is continuously violated.

Conclusion: Key Takeaways for Delaware Renters

• Landlords must give 48 hours written notice before entering, except in emergencies.
• Document unannounced entries and communications.
• Use official complaint forms and contact the Justice of the Peace Court for continued violations.

Knowing and asserting your privacy rights is your best defense against illegal landlord entry.

Need Help? Resources for Renters

• Delaware Justice of the Peace Court – For forms, filing landlord-tenant cases, and general guidance.
• Delaware Division of State Service Centers – Find free or low-cost legal help and tenant support programs.
• Delaware Attorney General’s Landlord-Tenant Information – Know your rights and responsibilities as a renter.
• Delaware Residential Landlord-Tenant Code – Full text of the law governing rental privacy and entry.

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1. Delaware Residential Landlord-Tenant Code, Title 25, Chapter 53, Sections 5509 and 5307 (Last accessed 2024)
2. Delaware Justice of the Peace Court – Landlord-Tenant Unit
3. Justice of the Peace Court Tenant’s Complaint (Form CF01)

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