10 Del. C. ch. 71 (partial) § 7104
Maintaining a criminal nuisance
Operative Text
Any person, including but not limited to any owner, agent, employee or lessee, who uses occupies, establishes, promotes, permits, facilitates, or conducts a criminal nuisance, or aids or abets therein, shall be liable for maintaining a criminal nuisance and shall be enjoined as provided in this chapter.
Under 10 Del. C. ch. 71 § 7104, Delaware law establishes liability for anyone who uses, occupies, establishes, promotes, permits, facilitates, or conducts a criminal nuisance on a property — or who assists others in doing so. The provision casts a wide net, covering not just property owners but also agents, employees, and tenants. A person found liable under this section may be subject to an injunction as outlined elsewhere in Chapter 71.
Plain English — not legal advice.
Section 7104 of 10 Del. C. ch. 71 makes clear that property owners and their agents can be held liable for a criminal nuisance even if they did not personally engage in the underlying conduct — permitting or facilitating it is enough. Operators who stay informed about activity occurring on their properties, respond promptly to complaints, and take documented steps to address problematic conduct are generally better positioned to demonstrate they did not permit or facilitate a nuisance. Familiarity with the full scope of Chapter 71 helps owners understand what remedies, including injunctions, a court may impose.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 10 Del. C. ch. 71 § 7104, tenants are explicitly named among those who can be held liable for maintaining a criminal nuisance, meaning a lessee who uses or promotes such activity on the premises may face court-ordered injunctive relief. At the same time, tenants who believe a landlord is improperly using this provision — or who face retaliation related to nuisance allegations — may have avenues to raise those concerns, including consulting a tenant-rights organization familiar with Delaware housing law. Understanding the full scope of Chapter 71 can help tenants recognize both their potential exposure and any procedural protections available to them.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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