When the Landlord Will Not Fix It
25 Del. C. § 5307 — written notice, 30 days, then the work done and up to $400 taken off the rent
A landlord keeps the unit up to every housing code, safe and fit for its purpose, with common areas clean and the electrical, plumbing and other facilities in good working order.
Repair and deduct. If, after written notice, the landlord does not remedy the failure within 30 days, or does not begin reasonable corrective steps within 10 days, the tenant may have the work done professionally and deduct a reasonable sum, not more than $400 or half of 1 month's rent, whichever is less, with copies of the receipts.
- A condition that takes away a substantial part of what the tenant bargained for, left unremedied for 15 days after written notice, lets the tenant end the agreement.
- A condition that makes the place uninhabitable, or threatens health or safety, lets the tenant end it immediately after notice.
- Where the landlord caused the condition wilfully or negligently, the tenant may recover the larger of the extra cost of equivalent housing, or 1 month's rent and the deposit.
None of this applies to damage the tenant's own carelessness caused, and a tenant behind on rent cannot repair and deduct.
A particular repair is a question for a licensed Delaware attorney.
Sources for this section (3)
- 25 Del. C. § 5305 — Landlord obligations relating to the rental unit
- 25 Del. C. § 5306 — Tenant’s remedies relating to the rental unit; termination
- 25 Del. C. § 5307 — Tenant’s remedies relating to the rental unit; repair and deduction from rent
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Delaware attorney.