Delaware landlord repair laws
What your landlord is required to fix, how long they have once you put it in writing, and what Delawarelaw lets you do if they don't.
The deadline
15 days after written notice
Under 25 Del. C. § 5306, you have fifteen days following receipt of this notice to remedy the condition — or immediately where the condition renders the premises uninhabitable or poses an imminent threat.
25 Del. C. § 5305 · 25 Del. C. §§ 5306, 5307
What your landlord must maintain
Under 25 Del. C. § 5305, a landlord must comply with applicable building and housing codes, keep the premises in a condition fit for the purpose expressly rented, and maintain all systems and appliances in good working order.
Conditions the statute covers
- ✓No working heat
- ✓No running water
- ✓No hot water
- ✓Electrical system not working or unsafe
- ✓Plumbing not in working order
- ✓Sewage backup or unsanitary conditions
- ✓Air conditioning not working (where supplied)
- ✓Supplied appliances not working — stove, refrigerator
- ✓Unsafe floors, stairs, railings, ceiling, or roof
- ✓Roof, window, or plumbing leak causing damage
- ✓Mold growth
- ✓Rodent or insect infestation
- ✓Common areas unsafe or unsanitary
- ✓No garbage receptacles or removal
- ✓Broken exterior door, window, or lock
- ✓Building or housing code violation
What you can do about it
Once written notice has been given and the statutory period has passed, you may terminate the rental agreement under § 5306, repair the condition and deduct its cost under § 5307, and — where an essential service fails for 48 hours or more — withhold two-thirds of the per diem rent under § 5308.
Repair-and-deduct limit: under § 5307 the deduction may not exceed $400 or one-half of one month's rent, whichever is less, after the landlord fails to repair within 30 days or to initiate reasonable corrective measures within 10 days. (Shown for a $1,500 monthly rent where the limit depends on rent.)
Retaliation is illegal
25 Del. C. § 5516 provides that action taken within 90 days of a tenant's protected act creates a presumption of retaliation. Under § 5516(e), a tenant from whom possession has been sought, or whom the landlord has otherwise attempted to dispossess, may recover three months' rent or treble the damages sustained, whichever is greater, together with the cost of suit.
Limits and exceptions
Section 5516 expressly excludes attorney's fees from the retaliation remedy, and § 5307 requires the tenant not to be delinquent in rent. Under § 5305(b) the duties to supply water, hot water, heat and electricity and to provide garbage receptacles and removal arise only if the rental agreement so specifies — check your lease before demanding them.
Put it in writing — the way the statute expects
We'll write your notice citing 25 Del. C. § 5305, the deadline it gives your landlord, and what happens if they miss it. Free to generate and download. If you want it sent USPS Certified Mail with tracking, we do that too.
Write my Delaware repair noticeCommon questions
- How long does a landlord have to make repairs in Delaware?
- Under 25 Del. C. § 5306, you have fifteen days following receipt of this notice to remedy the condition — or immediately where the condition renders the premises uninhabitable or poses an imminent threat. That clock starts when your landlord receives written notice — which is why how you send it matters.
- Can I withhold rent or repair it myself in Delaware?
- Delaware allows repair-and-deduct within limits: under § 5307 the deduction may not exceed $400 or one-half of one month's rent, whichever is less, after the landlord fails to repair within 30 days or to initiate reasonable corrective measures within 10 days. You must give written notice first, and the statutory waiting period must pass before you act.
- Can my landlord retaliate if I ask for repairs in Delaware?
- 25 Del. C. § 5516 provides that action taken within 90 days of a tenant's protected act creates a presumption of retaliation. Under § 5516(e), a tenant from whom possession has been sought, or whom the landlord has otherwise attempted to dispossess, may recover three months' rent or treble the damages sustained, whichever is greater, together with the cost of suit.
- Do I have to put a repair request in writing in Delaware?
- Yes — and it is the single most important step. Under 25 Del. C. §§ 5306, 5307, the landlord's obligations and your remedies run from written notice. A text message or a phone call generally leaves you arguing about whether and when your landlord was told.
Moving out of this Delaware rental?
Delaware gives your landlord 20 days to return your security deposit under 25 Del. C. § 5514. See the deposit rules →
Verified against Delaware's published statute text on August 11, 2026 — read the statute yourself. General information, not legal advice. We are not a law firm.