10 Del. C. ch. 71 (partial) § 7107
Affirmative defenses
Operative Text
It shall be an affirmative defense for the owner or landlord to establish, by a preponderance of the evidence, that said owner or landlord attempted to abate the alleged criminal nuisance prior to receiving notice in writing of the State’s intent to bring a criminal nuisance abatement action regarding the premises. Examples of actions that are indicia of attempts to abate alleged criminal nuisances include but are not limited to: (1) Sending or delivering a notice pursuant to § 5513 of Title 25 that the conduct of the tenant, or their guests or invitees, breaches a rule or covenant that is material to the rental agreement; (2) Sending or delivering a termination notice pursuant to § 5513(a) or (b) of Title 25; (3) Filing an action for summary possession of the rental unit; (4) Seeking police intervention to have those responsible for the action prosecuted and actively assisting the police in efforts to prosecute those responsible for the actions or activities being complained of by the complainants.
Under Delaware law, specifically 10 Del. C. ch. 71 § 7107, a property owner or landlord facing a criminal nuisance abatement action brought by the State has the opportunity to raise an affirmative defense. To succeed, the owner or landlord must show, by a preponderance of the evidence, that they took steps to address the alleged criminal nuisance before receiving written notice of the State's intent to file such an action. The provision lists several examples of qualifying abatement efforts, including issuing lease-violation notices, sending termination notices, filing for summary possession, or actively cooperating with police to prosecute those responsible.
Plain English — not legal advice.
Property owners and managers in Delaware should be aware that § 7107 of 10 Del. C. ch. 71 rewards proactive responses to criminal nuisance activity on their premises. Operators who document their abatement efforts — such as issuing written lease-violation or termination notices under Title 25 § 5513, pursuing summary possession proceedings, or actively cooperating with law enforcement — create a record that may support an affirmative defense if the State later initiates a nuisance abatement action. Maintaining thorough, dated records of all communications, filings, and police interactions related to nuisance activity is a practice commonly associated with compliance under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants should understand that § 7107 of 10 Del. C. ch. 71 gives landlords a legal pathway to defend against State-initiated criminal nuisance abatement actions by demonstrating prior abatement efforts, which can include issuing lease-violation notices or filing for possession against the tenant. This means a tenant who receives a notice citing nuisance-related conduct may be part of a landlord's documented effort to build such a defense. Tenants who believe a notice or eviction action is being pursued improperly or in retaliation may wish to consult a tenant-rights organization or legal aid provider familiar with Delaware housing law to understand available options.
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.
Effective Timeline
References In
Rules and statutes that cite this regulation