Demanding Repairs Before Moving In: Delaware Renter Rights

Moving into a new home is exciting, but Delaware renters deserve a safe and habitable space right from day one. Under Delaware law, landlords must ensure rentals meet basic health and safety standards before you move in. If you notice problems—like broken appliances, leaky faucets, or safety hazards—it's essential to address them before you accept the keys. This guide walks through how to demand necessary repairs before move-in, what forms to use, and how to protect your rights as a Delaware renter.

Understanding Your Rights Before Move-In

The Delaware Residential Landlord-Tenant Code requires landlords to maintain all rental units in a condition fit for living. This includes:

• Safe and working electrical, plumbing, and heating systems
• Functioning smoke alarms and locks on doors/windows
• Clean, pest-free, and structurally sound premises

Before you move in, you have the right to request an inspection and demand that any needed repairs are completed.

Move-In Inspections: Why They're Important

Inspections protect both renters and landlords by documenting the property’s condition at the start of the lease. In Delaware, landlords must provide a written "Move-In Condition Report" or conduct a joint inspection if either party requests it.

• This report notes existing damages or maintenance issues.
• Renters should review and sign the report only if it’s accurate.
• Keep a copy for your records and use it to request repairs.

How to Demand Repairs Before Accepting the Rental

If you find repair needs before moving in, take the following steps to formally request fixes and protect your rights:

1. Document All Issues

• Take clear photos or videos of all damages or maintenance concerns.
• List each problem in writing, with a brief description and location.

2. Use an Official Demand for Repairs

Delaware does not have a state-issued form for demanding repairs before move-in, but you should provide a written request to your landlord or property manager. Your demand should include:

• Your name and the property address
• A detailed description of each repair needed
• A request that repairs be completed before the move-in date
• Your signature and the date

Send this demand by email or certified mail so you have proof of delivery.

3. Request a Move-In Inspection Report

While not an official form, Delaware landlords often use their own versions of a "Move-In Condition Report." Ask your landlord for this report or request to complete a joint walk-through. Use it to officially note repairs needed.

4. What If Repairs Aren't Made?

If the landlord does not agree to make the repairs or refuses to provide a condition report, you may be able to:

• Negotiate a written agreement listing repairs to be done before you move in
• Delay accepting the keys or signing the lease until repairs are complete
• Contact the Delaware Justice of the Peace Court for advice or dispute resolution

Refer to Delaware's tenant rights for more details on your protections.

Relevant Laws, Forms, and Where to Get Help

• Delaware Residential Landlord-Tenant Code: The main state law protecting tenant rights. Read the full text.
• Delaware Move-In Condition Report: Often landlord-created; ask your landlord or property manager for their form. Use this to note all pre-existing issues.
• Justice of the Peace Court: Handles rental disputes in Delaware. Visit their official site for resources and help.

FAQ: Delaware Move-In Repairs and Inspections

1. Does my landlord have to fix everything before I move in?
   Landlords must ensure the rental meets health and safety requirements before occupancy. Minor cosmetic issues may not have to be addressed, but anything affecting habitability should be repaired.
   
2. What if my landlord refuses to complete requested repairs?
   If essential repairs are ignored, you can delay moving in, negotiate an addendum, or seek help from the Delaware Justice of the Peace Court.
   
3. Am I required to sign the Move-In Condition Report?
   No law requires you to sign, but it’s best to review the report, ensure it’s accurate, and only sign if you agree. Add your own notes as needed.
   
4. Can I back out of a lease if repairs aren’t made?
   If the landlord fails to meet legal standards for habitability before move-in, you may have grounds to terminate the lease before accepting occupancy.
   

Key Takeaways for Delaware Renters

• Inspect the rental before moving in and document all issues.
• Submit a written request for all needed repairs—preferably before signing the lease or accepting keys.
• Don’t hesitate to seek help if your landlord refuses reasonable repairs; you have legal options.

Proactively requesting repairs and documenting everything helps ensure your new home is safe and comfortable from the start.

Need Help? Resources for Renters

• Delaware Justice of the Peace Court – Main tribunal for rental disputes and tenant rights
• Delaware Residential Landlord-Tenant Code – Full legislation on tenant and landlord obligations
• Delaware Department of Justice, Consumer Protection Unit – Landlord Tenant Complaint Resources
• Delaware State Housing Authority – Renters’ assistance and programs

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1. Delaware Residential Landlord-Tenant Code (Title 25, Chapter 70)
2. Delaware Justice of the Peace Court – Landlord/Tenant Resources
3. Delaware Attorney General Landlord-Tenant Information

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