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Tenant Repair Laws in Delaware

In Delaware, a tenant may make repairs and deduct up to $400 or half a month's rent (whichever is less) if the landlord does not fix the problem within 30 days of written notice or start corrective steps within 10 days, and may withhold two thirds of daily rent while essential services are not supplied.

Last checked . General information, not legal advice.

Delaware at a glance

Repair and deduct
Yes, up to $400 or half a month's rent
The cap is whichever is less. Not available to tenants who are behind on rent or who caused the condition.
Rent withholding
Partial, for essential services
If hot water, heat, water or electricity is not supplied, or a condition materially depriving the tenant of the bargain is not fixed, for 48 hours after notice, the tenant may keep 2/3 of per diem rent.
Landlord repair deadline
30 days after written notice
The tenant may also act if the landlord does not start reasonable corrective steps within 10 days.

Sources

Last checked

The rules in Delaware

Can a tenant repair and deduct the cost from rent in Delaware?

Yes, up to $400 or half a month's rent. Repair and deduct in Delaware: yes, up to $400 or half a month's rent. The cap is whichever is less. Not available to tenants who are behind on rent or who caused the condition.

Can a tenant withhold rent or pay it into escrow for repairs in Delaware?

Partial, for essential services. Rent withholding in Delaware: partial, for essential services. If hot water, heat, water or electricity is not supplied, or a condition materially depriving the tenant of the bargain is not fixed, for 48 hours after notice, the tenant may keep 2/3 of per diem rent.

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

Landlord repair deadline in Delaware: 30 days after written notice. The tenant may also act if the landlord does not start reasonable corrective steps within 10 days.

Where do the Delaware tenant repair laws come from?

The rules above come from 25 Del. C. 5307 and 25 Del. C. 5308. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Give notice in writing and keep a copy. Tenant repair remedies usually start running only after the landlord has received notice of the problem, and a dated letter or email is the easiest way to prove when that happened.

Document the condition before and after. Photos, videos, inspection reports from a local code office and receipts for any repair work help show that the problem was serious and that any amount deducted or withheld matches the actual cost.

Stay current on everything else. Repair remedies generally protect only tenants who are not otherwise behind on rent and who did not cause the damage, and using a remedy the state does not allow can be treated as nonpayment of rent and lead to an eviction case.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.