Delaware Department of Justice, Landlord Tenant Code

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Delaware Department of Justice Attorney General Kathy Jennings Fraud & Consumer Protection Division Landlord Tenant Code Listen Resources Brochure Archival version Landlord Tenant Code Summary for Tenants Archival translations available in Español | 中文 | 한국어 | हिन्दी | Kreyòl Ayisyen | Français Full Delaware Landlord

25 Del. C. § 5314

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Tenant’s right to early termination. (a) Except as is otherwise provided in this part, whenever either party to a rental agreement rightfully elects to terminate, the duties of each party under the rental agreement shall cease and all parties

25 Del. C. § 5702

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written rental agreement, an action for summary possession may be maintained under this chapter because: (1) The tenant unlawfully continues in possession of any part of the premises after the expiration of the rental agreement without the permission

25 Del. C. § 5511

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Rules and regulations; tenant obligations. (a) The tenant and all others in the premises with the consent of the tenant shall obey all obligations or restrictions, whether denominated by the landlord as “rules,” “regulations,” “restrictions” or otherwise, concerning the tenant

25 Del. C. § 5302

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there exists any condition which deprives the tenant of a substantial part of the benefit or enjoyment of the tenant’s bargain, the tenant may notify the landlord in writing of the condition; and, if the landlord does not remedy

25 Del. C. § 5306

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Tenant’s remedies relating to the rental unit; termination. (a) If there exists any condition which deprives the tenant of a substantial part of the benefit or enjoyment of the tenant’s bargain, the tenant may notify the landlord

25 Del. C. § 5514A

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expenses incurred in renovating and rerenting the premises caused by the premature termination of the rental agreement by the tenants, which includes termination pursuant to § 5314 of this title, providing that reimbursement caused by termination pursuant to § 5314 of this

25 Del. C. § 5307

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Tenant’s remedies relating to the rental unit; repair and deduction from rent. (a) If the landlord of a rental unit fails to repair, maintain or keep in a sanitary condition the leased premises or perform in any other manner

25 Del. C. § 5507

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Landlord remedies for absence or abandonment. (a) If the rental agreement provides for notification to the landlord by the tenant of an anticipated extended absence as defined in this Code or in the rental agreement, and the tenant fails

25 Del. C. § 5509

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Tenant obligation to permit reasonable access. (a) The tenant shall not unreasonably withhold consent for the landlord to enter into the rental unit in order to inspect the premises, make necessary repairs, decorations, alterations or improvements, supply services as agreed

25 Del. C. § 5510

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Landlord remedy for unreasonable refusal to allow access. (a) The tenant shall be liable to the landlord for any harm proximately caused by the tenant’s unreasonable refusal to allow access. Any court of competent jurisdiction may issue an injunction

25 Del. C. § 5309

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Fire and casualty damage; landlord obligation and tenant remedies. (a) If the rental unit or any other property or appurtenances necessary to the enjoyment thereof are damaged or destroyed by fire or casualty to an extent that enjoyment

Delaware Justice of the Peace Court, How To File and Defend a Summary Possession Action

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statement of the facts upon which the action is based. Example 1: "The tenant has failed to pay rent for the last two months, a written notice was sent to the tenant on September 15th, and the tenant

25 Del. C. § 5123

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Tenant employee. (a) When the employment of a tenant employee is terminated by the employer, if the employer is the landlord or the management agent of the landlord, and no written rental agreement is in effect, the landlord must offer

25 Del. C. § 5304

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Tenant’s remedies for failure to supply possession. (a) If the landlord fails to put the tenant into full possession of the rental unit at the beginning of the agreed term, the rent shall abate during any period the tenant

25 Del. C. § 5513

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Landlord remedies relating to breach of rules and covenants. (a) If the tenant breaches any rule or covenant which is material to the rental agreement, the landlord shall notify the tenant of such breach in writing, and shall allow

25 Del. C. § 5514

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Within 20 days after the termination or expiration of any rental agreement, the landlord shall provide the tenant with an itemized list of damages to the premises and the estimated costs of repair for each and shall tender payment

25 Del. C. § 5602

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Right to legal representation. (a) (1) a. Except as provided under paragraph (a)(2) of this section, a tenant has the right to legal representation as provided under this chapter if the tenant’s household income over the immediately preceding

25 Del. C. § 5708

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Additional contents of certain complaints. If possession of the rental unit is sought on the grounds that the tenant has violated or failed to observe a lawful obligation in relation to tenant’s use and enjoyment of the rental unit

25 Del. C. § 5308

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Essential services; landlord obligation and tenant remedies. (a) If the landlord substantially fails to provide hot water, heat, water or electricity to a tenant, or fails to remedy any condition which materially deprives a tenant of a substantial part