What do Delaware landlord tenant laws say about repairs, entry and deposits?

Delaware landlord tenant hours and days, with sources

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What repairs is a landlord responsible for in Delaware?

Under 5305(a) of Title 25, at all times during the tenancy, the landlord shall make all repairs and arrangements necessary, in the words of item 5305(a)(4): “Make all repairs and arrangements necessary to put and keep the rental unit and the appurtenances thereto in as good a condition as they were, or ought by law or agreement to have been, at the commencement of the tenancy.” (Delaware Code Title 25 § 5305), read 2026-10-29. Under 5305(c), the landlord and tenant may agree by a conspicuous writing, separate from the rental agreement, that the tenant performs specified repairs, but only on the terms 5305(c) lists.

Under 5305(a), at all times during the tenancy, the landlord shall also maintain all electrical, plumbing and other facilities supplied by the landlord, item 5305(a)(5): “Maintain all electrical, plumbing and other facilities supplied by the landlord in good working order.” (Delaware Code Title 25 § 5305)

And under 5305(a), at all times during the tenancy, the landlord shall provide a rental unit which shall not endanger the health, welfare or safety of the occupants, item 5305(a)(2): “Provide a rental unit which shall not endanger the health, welfare or safety of the tenants or occupants and which is fit for the purpose for which it is expressly rented.” (Delaware Code Title 25 § 5305)

When a Delaware rental needs a plumbing or electrical repair the landlord handles, a property manager can post that job on InstaBids and compare written bids on one scope.

How long does a landlord have to make repairs in Delaware?

Section 5307(a) counts from the receipt of the notice once the landlord is notified in writing by the tenant of a failure to repair; the first window, for a tenant not otherwise delinquent in the payment of rent, is if the landlord fails to remedy such failure within 30 days from the receipt of the notice (5307(a), 5307(a)(1) and 5307(c)): “Fails to remedy such failure within 30 days from the receipt of the notice; or” (Delaware Code Title 25 § 5307) read 2026-10-29.

The second window, once the landlord is notified in writing and again for a tenant not otherwise delinquent in the payment of rent, is the landlord's failure to initiate reasonable corrective measures within 10 days from the receipt of the notice (5307(a), 5307(a)(2) and 5307(c)): “Fails to initiate reasonable corrective measures where appropriate, including, but not limited to, the obtaining of an estimate of the prospective costs of the correction, within 10 days from the receipt of the notice;” (Delaware Code Title 25 § 5307)

When the landlord, notified in writing, misses either window, the tenant may immediately do or have done the necessary work (5307(a)): “Then the tenant may immediately do or have done the necessary work in a professional manner.” (Delaware Code Title 25 § 5307) That does not reach a condition caused by the want of due care by the tenant (5307(b)), nor a tenant who is otherwise delinquent in the payment of rent (5307(c)).

Once a tenant's written repair request comes in, the manager can post the repair on InstaBids and get written bids from several contractors on the same scope.

How much notice does a landlord have to give before entering in Delaware?

Section 5509(b) of Title 25 sets at least 48 hours' notice of the landlord's intent to enter, except for repairs requested by the tenant: “The landlord shall give the tenant at least 48 hours’ notice of landlord’s intent to enter, except for repairs requested by the tenant, and shall enter only between 8:00 a.m. and 9:00 p.m.” (Delaware Code Title 25 § 5509), read 2026-10-29. In the case of an emergency the landlord may enter at any time (5509(b)), and as to prospective tenants or purchasers only, the tenant may waive the 48 hours' notice in a signed addendum (5509(b)).

On the tenant's side, under 5509(a) the tenant shall not unreasonably withhold consent: “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 to or exhibit the rental unit to prospective purchasers, mortgagees or tenants.” (Delaware Code Title 25 § 5509)

For a repair that needs access to an occupied unit, a manager can post the job on InstaBids with photos and the access window, then compare written bids.

How long does a landlord have to return a security deposit in Delaware?

Section 5514(e) sets the time to remit the security deposit where the landlord is not entitled to all or any portion of it: “If the landlord is not entitled to all or any portion of the security deposit, the landlord shall remit the security deposit within 20 days of the expiration or termination of the rental agreement.” (Delaware Code Title 25 § 5514), read 2026-10-29.

Where the landlord keeps part of it, the landlord shall provide the tenant with an itemized list of damages within the same 20 days (5514(f)): “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 for the difference between the security deposit and such costs of repair of damage to the premises.” (Delaware Code Title 25 § 5514) Under 5514(f), failure to do so shall constitute an acknowledgment by the landlord that no payment for damages is due.

Section 5514(g) sets the penalty, double the amount wrongfully withheld: “Failure to remit the security deposit or the difference between the security deposit and the amount set forth in the list of damages within 20 days from the expiration or termination of the rental agreement shall entitle the tenant to double the amount wrongfully withheld.” (Delaware Code Title 25 § 5514) Under 5514(h), a tenant who gave no address, such as a forwarding address in writing, relieves the landlord of that double liability, though not of the unused portion of the security deposit.

The cap, in 5514(a)(2), says how much security deposit a landlord may require where the rental agreement is for 1 year or more: “No landlord may require a security deposit in excess of 1 month’s rent where the rental agreement is for 1 year or more.” (Delaware Code Title 25 § 5514) Under 5514(a)(4), the security deposit limits do not apply to furnished rental units.

For move-out cleaning and repairs at a Delaware rental, a manager can post the job on InstaBids and compare written bids before the unit turns over.

Who pays for pest control in a rental in Delaware?

Delaware's pest rule in Title 25 is the bed bug section, 5317. Upon notification of a found or suspected bed bug infestation (5317(d)), the landlord shall acknowledge the complaint within 120 hours of notification, item 5317(d)(1): “Acknowledge the complaint within 120 hours of notification of the suspected infestation.” (Delaware Code Title 25 § 5317), read 2026-10-29.

On the same bed bug notification (5317(d)), upon a determination of an infestation, the landlord shall obtain and provide remedial services within 14 days of notification, item 5317(d)(3): “Upon a determination of an infestation and within 14 days of notification, obtain and provide remedial services from a pest management professional.” (Delaware Code Title 25 § 5317)

Who pays turns on timing. Where the tenant notifies the landlord of a bed bug infestation within 60 days after occupancy, or within 30 days of a discovery of a bed bug infestation in an adjoining unit, the landlord is responsible for the costs of investigating and remediating, as 5317(f)(1) closes: “the landlord shall be responsible for the costs of investigating and remediating the infestation.” (Delaware Code Title 25 § 5317)

For bed bug treatment in a Delaware rental unit, a property manager can post the job on InstaBids and compare written bids from pest control contractors.

When can a tenant end a lease over repairs in Delaware?

Where a failure to provide hot water, heat, water or electricity continues for 48 hours or more after the tenant's actual or written notice (5308(a)), the tenant may immediately terminate the rental agreement under 5308(a)(1): “Upon written notice of the continuation of the problem to the landlord, immediately terminate the rental agreement; or” (Delaware Code Title 25 § 5308) read 2026-10-29.

When heat, hot water or electricity goes out at a rental, a manager can post the heating, water heater or electrical repair on InstaBids to get written bids.

When can a tenant withhold rent over repairs in Delaware?

Section 5308(a) opens the tenant's remedies once such failure continues for 48 hours or more: “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 of the benefit of the tenant’s bargain in violation of the rental agreement; or in violation of a provision of this Code; or in violation of an applicable housing code and such failure continues for 48 hours or more, after the tenant gives the landlord actual or written notice of the failure, the tenant may:” (Delaware Code Title 25 § 5308) read 2026-10-29.

After that failure continues for 48 hours or more after notice (5308(a)), the tenant may keep 2 / 3 per diem rent, item 5308(a)(2): “Upon written notice to the landlord, keep 2 / 3 per diem rent accruing during any period when hot water, heat, water, electricity or equivalent substitute housing is not supplied.” (Delaware Code Title 25 § 5308) The landlord may avoid this liability by a showing of impossibility of performance (5308(a)(2)).

For a water service or plumbing failure at a Delaware rental, the manager can describe the repair once on InstaBids and compare the written bids side by side.

Who does Delaware landlord tenant law cover?

Section 5101(a) of Title 25 says the Residential Landlord-Tenant Code shall regulate and determine all legal rights, remedies and obligations: “This Code shall regulate and determine all legal rights, remedies and obligations of all parties and beneficiaries of any rental agreement of a rental unit within this State, wherever executed.” (Delaware Code Title 25 § 5101), read 2026-10-29. Under 5101(b), any rental agreement for a commercial rental unit is excluded from this Code.

Section 5102 then lists arrangements not intended to be governed by this Code, unless created solely to avoid such application, among them item 5102(3): “Residence in a hotel, motel, cubicle hotel or other similar lodgings.” (Delaware Code Title 25 § 5102) The same list names residence at an institution such as student housing provided by a college or school, residence by a member of a fraternal organization, and ground rentals where the tenant owns the dwelling.

Whether the unit is a single rental or part of an apartment community, a Delaware manager can post its residential repair jobs on InstaBids for written bids.

Delaware Title 25 rules a property manager works to

What to put in a written repair scope for a Delaware rental

• The condition in plain words, with photos, and the repairs and arrangements necessary to put and keep the rental unit in as good a condition as at the commencement of the tenancy, which the landlord shall make at all times during the tenancy (5305(a) and 5305(a)(4)).
• The date the landlord received the tenant's written notice, since a landlord notified in writing who fails to remedy such failure within 30 days from the receipt of the notice opens the 5307 remedies to a tenant not otherwise delinquent in rent (5307(a), 5307(a)(1) and 5307(c)).
• The date corrective measures, such as obtaining an estimate, began, since a landlord notified in writing who fails to initiate reasonable corrective measures within 10 days from the receipt of the notice opens the same remedies to a tenant not otherwise delinquent in rent (5307(a), 5307(a)(2) and 5307(c)).
• For hot water, heat, water or electricity: the time the tenant gave actual or written notice of the failure, since the tenant may use 5308(a) once such failure continues for 48 hours or more after it.
• The entry date and when the landlord gave notice of the landlord's intent to enter: at least 48 hours, between 8:00 a.m. and 9:00 p.m., except for repairs requested by the tenant (5509(b)).
• For a bed bug complaint: the time of notification, since upon a bed bug notification the landlord shall acknowledge the complaint within 120 hours of notification (5317(d) and 5317(d)(1)).
• For move-out repairs: the date of the expiration or termination of the rental agreement, since the landlord shall provide the tenant with an itemized list of damages and the estimated costs of repair for each within 20 days after it (5514(f)).

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Calling Delaware contractors one by one, or one written scope?

Calling contractors one by one gets as many ideas of the repair as calls. With one written scope that names the condition against the duty to make all repairs and arrangements necessary, which the landlord shall meet at all times during the tenancy (5305(a) and 5305(a)(4)), you describe it once, contractors bid in writing on that scope, and you choose who gets your number.

Property managers can post a rental job on InstaBids today.

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Sources

• Delaware Code Title 25 § 5307, read 2026-10-29: delcode.delaware.gov
• Delaware Code Title 25 § 5509, read 2026-10-29: delcode.delaware.gov
• Delaware Code Title 25 § 5102, read 2026-10-29: delcode.delaware.gov