Delaware Tenant Rights: Domestic Violence Protections

Delaware renters who experience domestic violence are protected by special laws that prioritize their safety and housing stability. If you need to break a lease, have your locks changed, or shield your address from an abuser, understanding your legal options—and the right steps to take—can help you regain control and peace of mind. This guide explains your rights under Delaware law and helps you access practical protections.

Your Rights as a Delaware Renter Facing Domestic Violence

Delaware law offers protections for renters who are survivors of domestic violence. These rights can help you:

• End your lease early without penalty in situations involving domestic abuse
• Request that locks on your rental unit be changed for your safety
• Prevent your landlord from disclosing your new address to the abuser

Key Terms You Should Know

• Domestic violence: Physical harm, threats, or emotional abuse by a spouse, partner, roommate, or family member.
• Protection from abuse (PFA) order: A court order that legally requires the abuser to stay away from you and may provide for additional safety measures.

How Delaware Law Protects Renters Experiencing Domestic Violence

The Delaware Residential Landlord-Tenant Code (Title 25, Chapter 51) outlines specific protections for tenants facing domestic abuse.^[1]

• The law allows you to end your lease early with proper documentation, such as a court-issued Protection from Abuse (PFA) order or similar protective order.
• Your landlord must change your locks if you provide proof of abuse and request it in writing. They must comply within 48 hours, or you can have the locks changed at your expense.
• Landlords are prohibited from discriminating or retaliating against you because you are a survivor of domestic violence.

Breaking Your Lease Due to Domestic Violence

Delaware tenants who are victims of domestic violence or sexual assault may end their lease by:

• Providing their landlord with a written request to terminate the lease
• Including a copy of one of the following official documents:
  • A Protection from Abuse (PFA) Order
  • A court order mandating separation from the abuser
  • Other qualified documents as defined by state law

Once your landlord receives these documents, your obligation to the lease ends 30 days after notice, and you are only responsible for rent and damages during that period.

Getting Your Locks Changed

You have the right to request lock changes for safety. Provide your landlord with a written notice and documentation of the domestic violence incident (such as a PFA order or police report).

• The landlord must change the locks within 48 hours of your request.
• If they do not act, you can have the locks changed by a licensed locksmith and provide the landlord a copy of the new key.

Official Forms and Practical Examples

• Protection From Abuse (PFA) Petition
  • When to use: File this in Family Court if you need immediate legal protection from your abuser.
  • How it helps: A granted PFA order can be used as documentation to break your lease or request a lock change.
  • Download Delaware Family Court PFA Forms
• Landlord Written Notice of Lock Change
  • When to use: Give this written notice along with your court order or police report to formally request a lock change.
  • How it helps: Makes your request official and starts the 48-hour timeline for the landlord to act.
  • Sample language and more resources from Delaware Department of Justice

Which Agency Handles Rental Disputes?

Rental disputes, including those over domestic violence protections, are handled by the Delaware Justice of the Peace Court - Landlord/Tenant.^[2]

FAQ: Delaware Domestic Violence Tenant Rights

1. Can I break my lease in Delaware if I am experiencing domestic violence?
   Yes. If you provide your landlord with a written request and a copy of a valid protection order, your lease will end 30 days after notice.
2. Does my landlord have to change the locks if I ask because of domestic violence?
   Yes. Your landlord is required to change the locks within 48 hours of receiving your written request and appropriate documentation.
3. Will ending my lease early affect my rental record?
   No. Lease termination for domestic violence, when done correctly, should not negatively affect your rental history or credit record.
4. Can my landlord tell my abuser my new address?
   No. Delaware law prohibits landlords from disclosing the new address of a renter who left due to domestic violence.^[1]
5. What official documents do I need to provide for these protections?
   You should provide a copy of a Protection from Abuse Order, a police report, or another court order related to domestic violence.

Conclusion: Key Takeaways for Renters

• Delaware law protects tenants facing domestic violence by allowing early lease termination and requiring lock changes upon request.
• Always submit official documentation (such as a PFA order) to your landlord in writing.
• The Justice of the Peace Court is your go-to authority for housing disputes under these circumstances.

Understanding and using these protections can provide the safety and peace of mind needed during a difficult time.

Need Help? Resources for Renters

• Delaware Family Court - Domestic Violence Resources
• Delaware Justice of the Peace Court - Landlord/Tenant
• Delaware Department of Justice - Domestic Violence Resources
• Delaware Health & Social Services - Domestic Violence Information
• Read Delaware Residential Landlord-Tenant Code

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1. Delaware Residential Landlord-Tenant Code - 25 Del. C. § 5314 and § 5315
2. Delaware Justice of the Peace Court - Landlord/Tenant Information

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