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Heat and Hot Water

25 Del. C. § 5308 — after 48 hours without heat, water or electricity, leave, or keep two thirds of the daily rent

If the landlord substantially fails to provide hot water, heat, water or electricity, and the failure continues for 48 hours or more after the tenant gives actual or written notice, the tenant may, on written notice:

  • 25 Del. C. § 5308
  • Ending the rental agreement immediately.
  • Withholding two thirds of the daily rent for each day the service, or equivalent substitute housing, is not supplied.
  • Finding equivalent substitute housing while it lasts, with no rent owed for that time and added cost recoverable up to half of the rent that abates.
  • 25 Del. C. § 5308
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Withholding in bad faith. If a court finds rent was wrongfully withheld under the section, the landlord gets possession or the amount withheld, and double that amount where the tenant acted in bad faith.

  • 25 Del. C. § 5308

A landlord who shows performance was impossible avoids the liability. A particular outage is a question for a licensed Delaware attorney.

  • 25 Del. C. § 5308
Sources for this section (1)
  1. 25 Del. C. § 5308 — Essential services; landlord obligation and tenant remedies

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Delaware attorney.

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