25 Del. C. ch. 53 § 5305
Landlord obligations relating to the rental unit
Operative Text
(a) The landlord shall, at all times during the tenancy, do all of the following: (1) Comply with all applicable provisions of any state or local statute, code, regulation or ordinance governing the maintenance, construction, use or appearance of the rental unit and the property of which it is a part. (2) Provide a rental unit which shall not endanger the health, welfare or safety of the tenants or occupants and which is fit for the purpose for which it is expressly rented. (3) Keep in a clean and sanitary condition all common areas of the buildings, grounds, facilities and appurtenances thereto which are maintained by the landlord. (4) Make all repairs and arrangements necessary to put and keep the rental unit and the appurtenances thereto in as good a condition as they were, or ought by law or agreement to have been, at the commencement of the tenancy. (5) Maintain all electrical, plumbing and other facilities supplied by the landlord in good working order. (6) Provide a rental unit that is free of lead-based paint hazards and certified as lead safe or lead free as required by Chapter 54 of this title. (b) If the rental agreement so specifies, the landlord shall: (1) Provide and maintain appropriate receptacles and conveniences for the removal of ashes, rubbish and garbage and arrange for the frequent removal of such waste; and (2) Supply or cause to be supplied, water, hot water, heat and electricity to the rental unit. (c) The landlord and tenant may agree by a conspicuous writing, separate from the rental agreement, that the tenant is to perform specified repairs, maintenance tasks, alterations or remodeling, but only if: (1) The particular work to be performed by the tenant is for the primary benefit of the rental unit; and (2) The work is not necessary to bring a noncomplying rental unit into compliance with a building or housing code, ordinance or the like; and (3) Adequate consideration, apart from any provision of the rental agreement, or a reduction in the rent is exchanged for the tenant’s promise. In no event may the landlord treat any agreement under this subsection as a condition to any provision of rental agreements; and (4) The agreement of the parties is entered into in good faith and is not for the purpose of evading an obligation of the landlord. (d) Evidence of compliance with the applicable building and housing codes shall be prima facie evidence that the landlord has complied with this chapter or with any other chapter of Part III of this title.
Under 25 Del. C. ch. 53 § 5305, Delaware law places a broad set of ongoing maintenance and habitability duties on landlords throughout the life of a tenancy. These duties include keeping the rental unit safe, sanitary, and in good repair; maintaining common areas and all landlord-supplied systems such as electrical and plumbing; and ensuring the unit is free of lead-based paint hazards as required by Chapter 54. Landlords and tenants may also enter into a separate written agreement for the tenant to perform certain repairs or improvements, but only under specific conditions designed to prevent landlords from using such agreements to sidestep their legal obligations.
Plain English — not legal advice.
Property owners and managers operating under 25 Del. C. ch. 53 § 5305 generally maintain documentation showing continuous compliance with applicable state and local building, housing, and maintenance codes throughout each tenancy. Compliant operators routinely inspect and service all landlord-supplied electrical, plumbing, and other facilities, keep common areas clean, and ensure lead-safe or lead-free certification is current as required by Chapter 54. When a separate written work agreement with a tenant is used under subsection (c), operators typically ensure it is conspicuous, independently supported by adequate consideration, and genuinely for the tenant's primary benefit — not a mechanism to shift legally required maintenance obligations.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 5305 of Title 25 of the Delaware Code establishes a tenant's right to a rental unit that is safe, habitable, in good repair, and free of lead-based paint hazards at all times during the tenancy. If a landlord fails to meet these obligations — such as allowing electrical or plumbing systems to fall into disrepair or neglecting common areas — tenants may have grounds to raise those failures as a defense in legal proceedings or to file a complaint with a local housing or code enforcement authority. Tenants who believe their landlord is not meeting the duties outlined in § 5305 may also consider reaching out to a local tenant-rights organization for general information about available remedies.
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