Delaware Utility Shutoff Protection for Renters: Key Laws & Steps

If you're renting in Delaware and worried about having your electric or water shut off, it's important to know you have rights and protections. Delaware laws help ensure renters aren't left in unsafe conditions if utility bills go unpaid. This guide covers what Delaware tenants need to know about utility shutoff protections, which agencies handle disputes, and how to take action if you’re at risk of losing essential services.

Understanding Utility Shutoff Protections in Delaware

Utility shutoff refers to when a utility provider—like an electric, gas, or water company—stops service due to nonpayment or other reasons. In Delaware, renters have legal protections to help ensure their basic needs for heat, water, and electricity are not unfairly interrupted.

Which Utilities Are Covered?

• Electricity
• Gas
• Water
• Some municipal trash removal (in multi-unit housing)

These protections apply whether utilities are in your name or the landlord’s name, but the rules can differ depending on who is the account holder.

When Can Utilities Be Shut Off?

In Delaware, utility providers must follow strict rules before disconnecting service. Key requirements include:

• Advance Notice: Utilities must usually give you at least 14 days’ written notice before disconnection (State of Delaware Public Service Commission Electric Service Rules).
• No Disconnection on Fridays, Holidays, or Weekends: Shutoffs are not allowed on days when it may not be possible to reconnect immediately.
• Payment Arrangements: Customers may be entitled to set up reasonable payment agreements if they cannot pay in full.
• Protection for Tenants: If the landlord fails to pay, and utilities are in the landlord’s name, tenants get special notice and options to keep services running.

Special Protections for Certain Situations

• Medical Emergencies: Tenants can request a delay in shutoff if someone in the home has a medical condition affected by loss of utility service. You must provide a doctor’s certification. For details, see the PSC Consumer Complaint Form below.
• Winter Protections: Shutoffs are more restricted during the winter months (November 1 - March 31) for heating-related utilities.

What to Do If You Get a Shutoff Notice

If you receive a shutoff notice, take action quickly. This can help you keep your utilities connected and protect your rights as a Delaware tenant.

• Check the Notice: Make sure it has the correct information, dates, and includes your right to dispute.
• Contact the Utility: Ask if you are eligible for a payment plan or assistance. Let them know if you have a medical need or dispute the bill.
• Notify the Landlord: If utilities are in the landlord’s name, tell them about the notice immediately and document your contact.
• Apply for Assistance: Programs like LIHEAP (Low-Income Home Energy Assistance Program) may help with payment.

Filing a Complaint with the Delaware Public Service Commission (PSC)

The Delaware Public Service Commission (PSC) is the official tribunal for utility consumer complaints. If you believe your utility is being unfairly disconnected, you can file a complaint directly with the PSC.

• Form Name: Consumer Complaint Form (PSC)
  • When and How to Use It: Use this form if you need to dispute a utility shutoff or believe your landlord or utility provider is not following shutoff laws. For example, if you receive a notice saying your water will be shut off in three days without proper notice, fill out this form and submit it to the PSC.
  • Official Source: Delaware PSC Consumer Complaint Form (PDF)

Landlord Responsibility for Utility Payments

If your lease states that the landlord is responsible for the utilities and they fail to pay—putting you at risk of shutoff—Delaware law gives tenants the ability to:

• Pay the utility provider directly (and deduct from rent in some situations)
• File a complaint with the PSC or, for housing code violations, with your local housing authority

Refer to Delaware Residential Landlord-Tenant Code, § 5311 for details.

Relevant Delaware Tenant-Landlord Legislation

• Delaware Residential Landlord-Tenant Code (Title 25, Chapter 51)
• State of Delaware PSC Electric Service Rules

These laws cover your rights and obligations regarding utility billing and shutoff as a tenant in Delaware.

FAQ on Delaware Utility Shutoff Protections for Tenants

1. Can my landlord shut off utilities to force me out?
   No. Under Delaware law, it is illegal for your landlord to intentionally interrupt utility services as a form of eviction or retaliation.
2. What if utilities are in my landlord’s name and I get a shutoff notice?
   You have the right to proper notice and may be able to pay the bill yourself to keep services running. Contact the utility and the Delaware Public Service Commission immediately.
3. Can I be protected from shutoff if I have a medical condition?
   Yes. With a doctor’s certification, you can often delay disconnection. Submit documentation to the utility provider and PSC as soon as possible.
4. Where do I file complaints about wrongful shutoffs?
   All utility shutoff complaints should be filed with the Delaware Public Service Commission (PSC).
5. Are there extra winter protections from shutoff?
   Yes. Utility providers must follow stricter procedures and may not disconnect heating during the winter (Nov 1 – Mar 31) without special consideration.

Key Takeaways for Delaware Renters

• You have the right to advance notice before utilities are shut off and to dispute improper disconnections.
• The Delaware Public Service Commission handles complaints and helps protect renters from illegal shutoffs.
• If your landlord is responsible for utilities and fails to pay, you still have rights and ways to keep services running.

Staying informed and acting quickly is the best way to prevent or resolve utility shutoff problems.

Need Help? Resources for Renters

• Delaware Public Service Commission (PSC) – Utility complaints, shutoff disputes, and information.
• Delaware LIHEAP Program – Help with energy bills for qualifying households.
• Legal Services Corporation of Delaware – Free legal help for tenants facing utility shutoffs and other housing issues.
• Delaware Residential Landlord-Tenant Code – Full text of state tenancy laws.

---

1. Delaware Residential Landlord-Tenant Code, Title 25, Chapter 51: https://delcode.delaware.gov/title25/c051/index.html
2. State of Delaware PSC Electric Service Rules: https://regulations.delaware.gov/AdminCode/title26/3000/3001.pdf
3. Delaware Public Service Commission (PSC): https://depsc.delaware.gov/
4. LIHEAP Program Delaware: https://dhss.delaware.gov/dhss/dss/liheap.html
5. PSC Consumer Complaint Form: https://depsc.delaware.gov/wp-content/uploads/sites/54/2022/01/PSC-Complaint-Form.pdf

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