When the Landlord Retaliates
25 Del. C. § 5516 — an eviction, rent increase or cut in services within 90 days of a complaint is presumed retaliation
A landlord may not seek possession, demand more rent, or cut services after the tenant complains in good faith about a code violation, after an authority files a code complaint, after the tenant organizes or leads a tenants' group, or while the tenant pursues a legal right from the tenancy.
90 days, and 3 months' rent. Any of those acts within 90 days of the complaint or protected act is presumed retaliatory. A tenant the landlord tried to dispossess in violation recovers 3 months' rent or treble damages, whichever is greater, and court costs.
A landlord has a defense where the condition was caused by the tenant's lack of care, or where the landlord in good faith takes the unit back to live in, to remodel or demolish, or to take it off the rental market for at least 6 months.
The same protection reaches a tenant who is a victim of domestic abuse, sexual offenses or stalking and sought help from a court, the police or a program, with the same presumption within 90 days of the incident.
A particular case is a question for a licensed Delaware attorney.
Sources for this section (2)
- 25 Del. C. § 5516 — Retaliatory acts prohibited
- 25 Del. C. § 5316 — Protection for victims of domestic abuse, sexual offenses and/or stalking
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Delaware attorney.