Landlord repairs in Delaware

At all times during the tenancy the landlord must comply with all state and local codes governing the rental unit, provide a unit that does not endanger the tenants' health, welfare or safety and is fit for its purpose, keep common areas clean and sanitary, and make all repairs needed to keep the unit in as good a condition as it was, or should have been, at the start of the tenancy (25 Del. C. § 5305(a)). (25 Del. C. § 5305(a))

Delaware law names these:

• electrical, plumbing and other landlord-supplied facilities in good working order
• garbage receptacles and frequent removal (if the lease says so)
• water, hot water, heat and electricity (if the lease says so)
• a unit free of lead-based paint hazards, certified lead-safe or lead-free under ch. 54 (not yet in force; see notes)

Repair and deduct and termination require written notice to the landlord (§§ 5306(a), 5307(a)). Any notice under the Code must be in writing and served personally, by registered or certified mail with return receipt, by first-class mail with a certificate of mailing, or by posting plus mail; the Attorney General's summary says e-mail and texts are not valid notice (§ 5113). For loss of hot water, heat, water or electricity, the 48-hour clock starts on actual or written notice, but the tenant's election of a remedy must be in writing (§ 5308(a)). (25 Del. C. §§ 5113, 5306(a), 5307(a), 5308(a); Delaware DOJ, Summary of the Residential Landlord-Tenant Code (Oct. 2024))

The notice must be in writing. Write a Delaware repair request letter.

After written notice of a defect, the landlord must begin reasonable corrective measures (such as getting an estimate) within 10 days and fix the problem within 30 days, or the tenant may repair and deduct (§ 5307(a)). For a condition that deprives the tenant of a substantial part of the bargain, the tenant may terminate if it is not fixed within 15 days after the landlord receives written notice (§ 5306(a)). Essential services (hot water, heat, water, electricity) must be restored within 48 hours after notice (§ 5308(a)).

Urgent problems (48 hours): Landlord substantially fails to provide hot water, heat, water or electricity, or fails to fix a condition that materially deprives the tenant of a substantial part of the bargain in violation of the lease, the Code or a housing code, for 48 hours or more after notice (§ 5308(a)).

Law: 25 Del. C. §§ 5306(a), 5307(a), 5308(a)

Allowed with limits. If, after written notice, the landlord fails to fix the problem within 30 days or fails to begin reasonable corrective measures within 10 days, the tenant may have the work done in a professional manner and deduct a reasonable sum up to the lesser of $400 or half a month's rent, giving the landlord receipts covering at least the amount deducted (§ 5307(a)). Not available to a tenant who is behind on rent or for conditions the tenant's household or guests caused; the tenant is liable for damage caused while making repairs (§ 5307(b)–(d)).

Waiting period after notice:

30 days

Limit:

the lesser of $400 or one-half of one month's rent

Law:

25 Del. C. § 5307

Allowed with limits. Only for essential services: if hot water, heat, water or electricity (or another condition materially depriving the tenant of the bargain) is not fixed within 48 hours after notice, the tenant may, on written notice, keep two-thirds of the per-diem rent for each day the service or equivalent substitute housing is not supplied (§ 5308(a)(2), (b)(3)). If a court finds the withholding wrongful, the landlord gets possession or the amount withheld, or double that amount if the tenant acted in bad faith, payable within 10 days (§ 5308(d)).

Law:

25 Del. C. § 5308

Allowed. If a condition deprives the tenant of a substantial part of the benefit of the bargain and the landlord does not fix it within 15 days after receiving written notice, the tenant may end the lease; if the condition makes the unit uninhabitable or poses an imminent threat to health, safety or welfare, the tenant may end the lease immediately after notice, without going to court (§ 5306(a)). If the landlord caused the condition willfully or negligently, the tenant may recover the greater of substitute-housing costs above the rent for the rest of the term, or one month's rent plus the security deposit (§ 5306(c)). The tenant may also end the lease immediately, on written notice, if essential services are not restored within 48 hours (§ 5308(a)(1)). During the first month of occupancy, a tenant who stayed relying on the landlord's promise to fix a lease nonconformity or a material code violation may end the lease on written notice; if the same problem recurs within 6 months, the tenant may end it on at least 15 days' written notice (§ 5302(a)-(b)).

Law:

25 Del. C. §§ 5302(a)-(b), 5306, 5308(a)(1)

If essential services stay off after notice, the tenant may move to equivalent substitute housing; rent abates and the landlord owes extra costs up to half the abated rent, unless performance was impossible (§ 5308(b)(2)). Withholding does not bar later recovery of greater damages (§ 5308(c)). Either party may sue for breach of the lease or the Code (§ 5117). After fire or casualty not caused by the tenant, the tenant may move out (written notice within 1 week) or pay reduced rent for the usable part (§ 5309).

A landlord may not seek eviction, force the tenant out, raise rent or decrease services after the tenant complained in good faith about a code violation to the landlord or an enforcement authority, a government authority filed a violation notice, the tenant organized or led a tenants' group, or the tenant pursued any legal right or remedy (§ 5516(b)). Action within 90 days of the complaint or act is presumed retaliatory (§ 5516(c)). The tenant recovers the greater of 3 months' rent or triple damages, plus court costs but not attorney's fees (§ 5516(e)). Listed defenses include the landlord's good-faith move-in, remodeling or sale, a prior termination notice, and full code compliance (§ 5516(d)). (25 Del. C. § 5516)

• Landlords must give every new tenant the Attorney General's Summary of the Residential Landlord-Tenant Code; the Consumer Protection Unit (302-577-8600 New Castle; 800-220-5424 Kent and Sussex) answers questions but cannot act as a tenant's lawyer.
• Lead-safe certification: 85 Del. Laws c. 98 (approved July 21, 2025) added § 5305(a)(6) requiring units free of lead-based paint hazards and certified lead-safe or lead-free; it takes effect on the earlier of 12 months after the Delaware State Housing Authority publishes notice that funding and final regulations are in place, or March 1, 2028.
• The landlord and tenant may agree, in a conspicuous writing separate from the lease and for adequate consideration, that the tenant does specified repairs, but not work needed to bring the unit into code compliance (§ 5305(c)).
• Evidence that the unit complies with building and housing codes is prima facie evidence the landlord met its duties (§ 5305(d)).

• Delaware repair request letter (free, runs in your browser)
• Breaking a lease in Delaware: notice periods and early-termination rights
• Delaware eviction notice rules: what a notice for unpaid rent requires

• 25 Del. C. ch. 53 (Obligations of Landlord), Delaware Code Online Retrieved October 14, 2026.
• 25 Del. C. ch. 55 (Obligations of Tenant), § 5516 Retaliatory acts Retrieved October 14, 2026.
• Delaware Department of Justice, A Summary of the Delaware Residential Landlord-Tenant Code (rev. Oct. 2024) Retrieved October 14, 2026.
• 85 Del. Laws c. 98 (HS 2 for HB 70, lead-based paint) Retrieved October 14, 2026.

Laws change. This page was checked against the sources above on October 14, 2026. It is legal information, not legal advice; before withholding rent or ending a lease, contact your state's legal aid. See our methodology.