Delaware Tenant Mold Rights and Landlord Responsibilities

Mold in a rental property can impact your health and comfort. Delaware state law protects renters by requiring landlords to maintain safe, habitable living conditions, including resolving mold issues. This guide explains what you can expect, what actions you should take, and what resources are available if you face mold problems in a Delaware rental.

Your Rights as a Delaware Renter

In Delaware, tenants have a legal right to a rental unit that is fit and habitable. The Delaware Residential Landlord-Tenant Code requires landlords to fix conditions—such as mold—that could affect health or safety, once notified in writing.^[1]

• Landlords must maintain all structural elements and keep units free from hazards.
• Tenants must promptly notify landlords of mold or water leaks, ideally in writing.
• Landlords are responsible for addressing mold unless it was caused by neglect or misuse by the tenant.

If mold has made your home unsafe, you may have options to request repairs, withhold rent in some cases, or even end your lease early under certain conditions.

What Landlords Must Do About Mold

Delaware law holds landlords to specific habitability standards. Mold that affects the safety or livability of a unit must be addressed. A landlord should:

• Respond to written tenant complaints about mold promptly
• Repair leaks or water issues causing mold growth
• Remove hazardous mold following proper procedures
• Notify tenants of any actions and expected timelines

Failure to resolve serious mold issues may allow you to pursue certain remedies under the Delaware Residential Landlord-Tenant Code.

How to Report Mold and Request Repairs

For your request to be legally enforceable, it is important to use proper notice and documentation.

• Document the mold: Take photos and note the dates you discovered it.
• Notify your landlord: Provide a written notice (email, letter, or Delaware’s Tenant's Repair Request Form, Form CF10).
• Keep copies of all communication and responses.

Official Delaware Form: Tenant's Repair Request (Form CF10)

• Name: Tenant's Request for Repairs (Form CF10)
• How It’s Used: To formally request a landlord to make needed repairs, including mold remediation. Submit this form to your landlord if you discover mold, keeping a copy for your records.
• Download from Delaware Courts – Form CF10

If your landlord fails to act within a reasonable time (generally 15 days), you may then consider additional steps.

What If Landlord Does Not Fix the Mold?

If your landlord ignores your written request and the problem affects health or habitability, Delaware law allows for several actions:

• Report the issue to your local code enforcement agency for inspection
• Withhold rent (in specific serious cases—seek legal advice first)
• File a complaint or action through the Delaware Justice of the Peace Court, the tribunal responsible for landlord-tenant matters (Justice of the Peace Court Landlord-Tenant Division)

Each step comes with different rules and risks. Always follow correct procedures and, if needed, seek free legal help (see resources below).

Relevant Delaware Law and Tribunal

• Delaware Residential Landlord-Tenant Code sets out habitability and repair responsibilities.
• Landlord-tenant disputes are handled by the Justice of the Peace Court, Landlord-Tenant Division.

FAQs about Mold Problems in Delaware Rentals

1. What should I do first if I find mold in my Delaware rental?
   Take photos and promptly provide written notice to your landlord describing the mold problem and requesting repairs.
2. Is my landlord always responsible for cleaning up mold?
   Landlords are responsible if mold is due to leaks or structural issues. However, if the mold is caused by tenant neglect (like not ventilating), the tenant may be responsible.
3. Can I withhold rent if my landlord refuses to fix mold?
   You may be able to, but only after giving formal notice and allowing reasonable time for repairs. Consult legal resources first, as withholding rent can risk eviction.
4. Which court handles mold disputes in Delaware rentals?
   The Justice of the Peace Court, Landlord-Tenant Division, manages rental repair disputes and tenant applications.
5. Is there an official form to request repairs for mold in Delaware?
   Yes. Use the Tenant's Request for Repairs (Form CF10) and submit it to your landlord. Keep a copy for your records.

Key Takeaways for Delaware Renters

• Delaware tenants have the right to safe, habitable rental housing, free from hazardous mold.
• Always notify your landlord in writing and document mold problems for the strongest protection.
• If repairs aren’t made, you may use official forms, contact local authorities, or apply to the Justice of the Peace Court for help.

Staying informed, organized, and using the correct procedures helps ensure your rental home remains a healthy place to live.

Need Help? Resources for Renters

• Delaware Justice of the Peace Court – Landlord-Tenant Division: Handles rental repair disputes and tenant applications.
• Tenant's Request for Repairs – Form CF10
• Delaware Department of Justice Consumer Protection Unit – Tenant-Landlord: Advice and complaint resources.
• Delaware State Housing Authority: Renters’ Portal: Information on tenants’ rights and rental assistance.

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1. Delaware Residential Landlord-Tenant Code, Title 25, Chapter 53
2. Justice of the Peace Court – Landlord-Tenant Matters
3. Tenant’s Request for Repairs (Form CF10)

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