Delaware · Repairs · Updated Oct 2026

Delaware tenant repair rights

What a landlord in Delaware must keep in repair, how to ask for repairs, whether you can repair and deduct or withhold rent, and the protection against retaliation.

Short answer

The landlord must follow all housing and building codes, provide a unit that does not endanger your health or safety, keep common areas clean, make all repairs needed to keep the unit in the condition it was (or should have been) at move-in, keep electrical and plumbing working, and provide a lead-safe unit.

Repair and deduct
Allowed (with conditions)
Withholding rent
Only in limited cases
Notice before entry
48 hours

Repairs in Delaware

The landlord's duty
The landlord must follow all housing and building codes, provide a unit that does not endanger your health or safety, keep common areas clean, make all repairs needed to keep the unit in the condition it was (or should have been) at move-in, keep electrical and plumbing working, and provide a lead-safe unit. Heat, water, hot water, electricity and trash are required if the lease says the landlord supplies them. 25 Del. C. § 5305.
How to ask for repairs
Give written notice to the landlord and keep a copy. For essential services, the landlord has 48 hours. For other repairs, 10 days to start and 30 days to finish before repair-and-deduct. For a condition that seriously reduces the value of your lease, you can end the lease if not fixed within 15 days of written notice (§ 5306).
Repair and deduct
Yes. After written notice, if the landlord does not fix the problem within 30 days, or does not start reasonable steps (such as getting an estimate) within 10 days, you can have the work done professionally and deduct up to $400 or half a month's rent, whichever is less, by giving the landlord copies of receipts. Not allowed if you are behind on rent or caused the problem. 25 Del. C. § 5307.
Withholding rent
Partly, for essential services. If the landlord fails to provide heat, hot water, water or electricity (or another serious code problem) for 48 hours after notice, you can give written notice and keep two-thirds of the daily rent for each day the service is out, move to substitute housing (rent stops), or end the lease. If a court later finds you withheld wrongly, you owe the amount withheld (double if in bad faith). 25 Del. C. § 5308.
Law
25 Del. C. §§ 5305-5308

Landlord entry in Delaware

At least 48 hours' notice, and entry only between 8:00 a.m. and 9:00 p.m. No notice is needed for repairs you asked for, or in an emergency. You may waive the 48-hour notice only for showings to prospective tenants or buyers, in a separate signed document. 25 Del. C. § 5509.

Retaliation in Delaware

The landlord may not evict, raise rent or cut services after you complain in good faith about code violations (to the landlord or a government agency), after an agency files a violation notice, after you organize or serve as an officer of a tenant group, or after you pursue any legal right. Action within 90 days is presumed retaliatory. Limited defenses apply (for example, landlord moving in, major renovation, a termination notice given before your complaint). If the landlord retaliates, you can recover 3 months' rent or three times your damages, whichever is greater, plus court costs. 25 Del. C. § 5516.

Get repairs made, step by step

  1. Write down the problem and take dated photos or video.
  2. Ask in writing and keep a copy. In Delaware: Give written notice to the landlord and keep a copy.
  3. Give the landlord the time the rule allows, and let them in to do the work with proper notice.
  4. If nothing happens, call your local housing or code inspector and talk to legal aid before you stop paying any rent.
  5. Keep paying rent unless the rule above lets you withhold it and you follow its steps exactly.

Repair request letter for Delaware

Ask your landlord in writing to fix the problem by a date. A written, dated request is the first step in almost every state, and it is proof that the landlord knew. Check the problems, add dates, then download the letter as PDF or Word (or copy it). Sign it, keep a copy and photos, and send it in a way you can prove.

Your letter is made in your browser. Nothing you type is sent to us or anyone else.

The name on your lease or rent receipts.

What needs repair? (required)

Your state's rule on repair requests is shown below the form.

Delaware's rule on asking for repairs:Give written notice to the landlord and keep a copy. For essential services, the landlord has 48 hours. For other repairs, 10 days to start and 30 days to finish before repair-and-deduct. For a condition that seriously reduces the value of your lease, you can end the lease if not fixed within 15 days of written notice (§ 5306).

Dates, rooms and how the problem affects you. This text goes into the letter as written.

Where to get free help in Delaware

Questions about repairs in Delaware

How do I ask my landlord for repairs in Delaware?

Give written notice to the landlord and keep a copy. For essential services, the landlord has 48 hours. For other repairs, 10 days to start and 30 days to finish before repair-and-deduct. For a condition that seriously reduces the value of your lease, you can end the lease if not fixed within 15 days of written notice (§ 5306).

Can I repair and deduct the cost from rent in Delaware?

Yes. After written notice, if the landlord does not fix the problem within 30 days, or does not start reasonable steps (such as getting an estimate) within 10 days, you can have the work done professionally and deduct up to $400 or half a month's rent, whichever is less, by giving the landlord copies of receipts. Not allowed if you are behind on rent or caused the problem. 25 Del. C. § 5307.

Can I withhold rent for repairs in Delaware?

Partly, for essential services. If the landlord fails to provide heat, hot water, water or electricity (or another serious code problem) for 48 hours after notice, you can give written notice and keep two-thirds of the daily rent for each day the service is out, move to substitute housing (rent stops), or end the lease. If a court later finds you withheld wrongly, you owe the amount withheld (double if in bad faith). 25 Del. C. § 5308.

How much notice does a landlord need to enter in Delaware?

At least 48 hours' notice, and entry only between 8:00 a.m. and 9:00 p.m. No notice is needed for repairs you asked for, or in an emergency. You may waive the 48-hour notice only for showings to prospective tenants or buyers, in a separate signed document. 25 Del. C. § 5509.

Can my landlord retaliate if I complain in Delaware?

The landlord may not evict, raise rent or cut services after you complain in good faith about code violations (to the landlord or a government agency), after an agency files a violation notice, after you organize or serve as an officer of a tenant group, or after you pursue any legal right. Action within 90 days is presumed retaliatory. Limited defenses apply (for example, landlord moving in, major renovation, a termination notice given before your complaint). If the landlord retaliates, you can recover 3 months' rent or three times your damages, whichever is greater, plus court costs. 25 Del. C. § 5516.

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Sources

Last checked: Oct 2026.