25 Del. C. ch. 51 § 5104
Obligations of good faith
Operative Text
Every duty under this Code, and every act which must be performed as a condition precedent to the exercise of a right or remedy under this Code, imposes an obligation of good faith in its performance or enforcement.
Section 5104 of Delaware's Residential Landlord-Tenant Code establishes that every duty, right, and remedy created by the Code carries with it an implicit requirement of good faith. This means that neither party can technically comply with the letter of the law while acting dishonestly or in bad faith to undermine the other party's rights. The provision applies broadly across the entire Code, touching every obligation and condition that must be met before a party can exercise a legal remedy.
Plain English — not legal advice.
Under 25 Del. C. ch. 51 § 5104, property owners and managers are generally expected to carry out their duties — such as making repairs, providing notices, or applying lease terms — honestly and without deceptive intent. A compliant operator typically documents actions transparently, applies rules consistently across tenants, and avoids using technical compliance as a cover for conduct designed to harm or pressure a tenant. Courts and tribunals may look at the totality of conduct when evaluating whether a landlord's actions met the good-faith standard embedded throughout the Code.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 5104 of the Delaware Residential Landlord-Tenant Code gives tenants a basis to challenge landlord conduct that, while perhaps technically procedural, appears designed to act in bad faith against their interests. If a landlord's actions seem dishonest or retaliatory in the context of fulfilling a Code duty, this provision may be relevant to raising a defense or counterclaim in a legal proceeding. Tenants who believe good faith obligations have been violated may wish to consult a tenant-rights organization or legal aid service to understand how this provision interacts with their specific circumstances.
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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