What should I do first if my tap water looks or smells strange?

Contact your landlord in writing right away and describe the issue clearly. If they don't respond in a reasonable time, you can file a water quality complaint with Delaware's Division of Public Health.

Is my landlord required to test private well water at my rental?

Yes. Delaware landlords with private wells must ensure the water is safe and sanitary. Testing is required, especially after a complaint or a change in water quality.

Can I withhold rent if my landlord ignores unsafe water complaints?

Under certain conditions, Delaware law may allow rent withholding for unresolved health or safety violations, but you must follow the legal process carefully.

Who do I contact if the landlord won't fix the water problem?

You can file a complaint with the Delaware Division of Public Health – Office of Drinking Water, and seek further help from the Justice of the Peace Court if needed.

What official forms might I need for water quality complaints in Delaware?

You may need the Delaware Water Quality Complaint Form (for reporting unsafe water) and, in certain cases, the Summary Possession Answer Form if facing eviction.

Delaware Rental Properties: Safe Drinking Water Requirements for Renters

Health & Safety Standards Delaware published: June 21, 2025

Every Delaware renter deserves safe, clean drinking water. Whether you rent a house or apartment, knowing the health and safety standards for water in your home can help you protect your health and assert your rights if problems arise. Below, you'll find a clear summary of your protections, landlord obligations, and what to do if your rental's water is unsafe.

Understanding Safe Drinking Water Standards for Delaware Rentals

In Delaware, landlords must ensure that rental properties have safe, potable (drinkable) water. State law requires landlords to maintain essential services, which means your tap water must be fit for drinking, cooking, and bathing. Delaware follows both federal drinking water laws and state regulations—especially important for homes with private wells or community water systems.

Landlord Obligations Under Delaware Law

Maintain safe and sanitary water: Landlords must provide water that meets EPA Safe Drinking Water standards and Delaware regulations.
Fix unsafe water problems promptly: If you report unsafe water, your landlord must address the issue quickly—as outlined in the Delaware Landlord-Tenant Code.
Test wells as required: If your rental uses a private well, Delaware requires water testing at certain intervals.

If your drinking water is not safe—for example, if you notice changes in color, taste, smell, or receive a water advisory—it's vital to act promptly to protect your health and your rights as a tenant.

What to Do If You Suspect Unsafe Water in Your Rental

If something seems wrong with your tap water, you have options. Start by notifying your landlord in writing. If they do not fix the issue promptly, you may be able to file a complaint with state health or housing authorities. Delaware law protects you from retaliation for reporting legitimate health and safety issues.

Key Official Forms for Delaware Renters

Delaware Office of Drinking Water - Water Quality Complaint Form
When and how to use: Use this form if you suspect a water quality violation in your rental, especially with private wells or small water systems. Submit it online or by mail to report issues like contamination, odors, or sediment.
Official link: Delaware Water Quality Complaint Form
Delaware Justice of the Peace Court - Summary Possession (Eviction) Answer Form
When and how to use: If your landlord tries to evict you because you complained about unsafe water, you may need to respond to a court filing. This form is used to submit your side and claim landlord failure to maintain essential services.
Official link: Summary Possession Answer Form

Always keep a copy of your written complaints and any responses from your landlord or Delaware authorities.

Where to File Complaints or Request Help

Delaware Division of Public Health – Office of Drinking Water: Handles water quality complaints, provides testing info, and can investigate reports.
Delaware Justice of the Peace Court: Handles landlord-tenant disputes, including essential services issues.

Tip: If your landlord does not fix unsafe water within a reasonable time (usually 48 hours for emergencies), you may have legal remedies under Delaware law, such as rent withholding or repairs at the landlord’s expense. Always check the Delaware Landlord-Tenant Code for your rights.

Relevant Delaware Laws and Agencies

The main law covering water standards for rental properties is the Delaware Residential Landlord-Tenant Code (Title 25, Chapter 53). Water quality is also overseen by the Delaware Division of Public Health. For tenancy disputes, the Justice of the Peace Court is the official tribunal.

FAQ: Delaware Renters and Safe Drinking Water

What should I do first if my tap water looks or smells strange?
Contact your landlord immediately in writing and describe the issue. If they don't respond quickly, file a water quality complaint with the state.
Is my landlord required to test private well water at my rental?
Yes. In Delaware, landlords must provide drinking water that is safe and sanitary. Testing private wells is required, particularly if there is a change or a complaint.
Can I withhold rent if my landlord ignores unsafe water complaints?
Potentially. Delaware law allows rent withholding for unresolved health or safety violations, but strict rules apply. Consult the Landlord-Tenant Code and consider getting legal advice.
Who do I contact if the landlord won't fix the water problem?
The Delaware Division of Public Health – Office of Drinking Water investigates complaints about water quality. If health hazards continue, you can also seek help from the Justice of the Peace Court.
What official forms might I need when reporting unsafe drinking water?
The Delaware Water Quality Complaint Form (for water quality issues) and the Summary Possession Answer Form (if you face eviction for making a complaint).

Key Takeaways for Delaware Renters

Delaware landlords must provide safe, potable drinking water in rental units.
If water quality is unsafe, notify your landlord and use official complaint forms if needed.
Read the Delaware Landlord-Tenant Code and know your legal rights if problems persist.

Awareness and prompt action keep your home safe and help ensure your landlord meets their obligations.

Need Help? Resources for Renters

Delaware Office of Drinking Water: Water safety complaints, testing info, investigations. Phone: (302) 741-8630
Justice of the Peace Court - Landlord/Tenant Division: Legal disputes, eviction defenses, rental essential services cases
Delaware Tenant Legal Help: Free legal resources and referrals for renters

Delaware Landlord-Tenant Code, Title 25, Chapter 53, Official Text
Delaware Division of Public Health – Office of Drinking Water, Official Site
EPA Safe Drinking Water Act, Summary
Delaware Justice of the Peace Court – Landlord/Tenant Info, Official Tribunal