25 Del. C. ch. 53 § 5317
Landlord and tenant obligations relating to bed bug infestation
Operative Text
(a) Prior to renting a dwelling unit, the owner or property manager shall visually inspect the unit for any evidence of the presence of bed bugs, which may be indicated by observation of a living bed bug, bed bug carapace, eggs or egg casings, or brownish or blood spotting on linens, mattresses, or furniture. A landlord shall not show, rent, or lease to a prospective tenant any vacant dwelling unit that the landlord knows or reasonably suspects has a current bed bug infestation. (b) This section does not impose a duty on a landlord to inspect a dwelling unit or the common areas of the premises for bed bugs if the landlord has no notice of a suspected or actual bed bug infestation. If a bed bug infestation is evident on visual inspection, the landlord shall be considered to have notice pursuant to this section. (c) Prior to renting a dwelling unit, a landlord shall disclose to a prospective tenant if an adjacent unit or units are currently infested with or are being treated for bed bugs. (d) Upon notification by a person who finds or reasonably suspects a bed bug infestation in a dwelling unit or common area of the premises, the landlord shall: (1) Acknowledge the complaint within 120 hours of notification of the suspected infestation. (2) Inspect or obtain investigatory services from a pest management professional within 120 hours of notification. (3) Upon a determination of an infestation and within 14 days of notification, obtain and provide remedial services from a pest management professional. (4) Inspect or obtain investigatory services of a pest management professional in connection with any unit directly adjacent to, above or below the dwelling unit or common area from which the original report came within 5 days of notification. (5) Provide tenants with notice pursuant to § 5509 of this title in advance of entering a dwelling unit for purposes of inspection, bed bug remediation, or monitoring in connection with a bed bug complaint. (6) Provide all tenants of units affected by a bed bug complaint with notice of the pest management professional’s determination in connection with such unit within 120 hours of receipt of information from the pest management professional. Electronic notice may be provided by email or by an electronic portal or management communication system that is available to both a landlord and a tenant. Similar notification must be provided to all tenants in connection with determinations made regarding a common area of the premises. (7) Maintain a written record of all complaints and control measures provided, including reports of chemicals applied and other remedies provided by the pest management professional or other person and any other reports or receipts prepared by the pest management professional. Such records shall be maintained for 2 years. (e) A tenant shall not knowingly bring into the building personal furnishings or belongings that are known or reasonably suspected to be infested with bed bugs. (f) Responsibility for bed bug remediation: (1) If a tenant notifies the landlord that the tenant found or reasonably suspects a bed bug infestation within the tenant’s dwelling unit: a. Within 60 days after occupancy; or b. Within 30 days of a discovery of a bed bug infestation in an adjoining unit in the building, the landlord shall be responsible for the costs of investigating and remediating the infestation. (2) If a tenant notifies the landlord that the tenant found or reasonably suspects a bed bug infestation more than 60 days after occupancy and not within 30 days of a discovery of a bed bug infestation in an adjoining unit in the building, the landlord shall be responsible for investigating and remediating the bed bug infestation, provided that the tenant shall share in the responsibility for the reasonable costs for remediating the infestation in the tenant’s unit. The tenant shall not be responsible to share in costs with properties managed by a state or local government housing authority.
Delaware Code § 5317 establishes a shared framework of responsibilities between landlords and tenants regarding bed bug infestations in residential rental properties. Before renting a unit, a landlord must visually inspect it for signs of bed bugs and cannot rent a unit they know or reasonably suspect is currently infested; they must also disclose active infestations in adjacent units. Once a complaint is received, the law sets specific timelines for acknowledgment, inspection, and remediation, while tenants are prohibited from knowingly introducing infested belongings into the building. Responsibility for remediation costs depends on when the infestation is reported relative to the start of occupancy.
Plain English — not legal advice.
Under 25 Del. C. § 5317, compliant property operators conduct a visual inspection of every vacant unit before showing or leasing it, and they do not rent units with known or suspected active infestations. When a bed bug complaint is received, operators generally acknowledge it within 120 hours, engage a licensed pest management professional for inspection within 120 hours, and arrange remediation within 14 days, while also inspecting adjacent, above, and below units within 5 days. Operators maintain written records of all complaints and control measures for at least two years and provide affected tenants with timely written notice of pest management findings, including through electronic means where available.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 5317 of Title 25 of the Delaware Code gives tenants the right to receive disclosure about bed bug infestations in adjacent units before signing a lease, and to have complaints acknowledged and professionally investigated within defined timeframes after reporting a suspected infestation. If a tenant reports a suspected infestation within 60 days of moving in, or within 30 days of learning about an infestation in an adjoining unit, the landlord generally bears the full cost of investigation and remediation. Tenants who believe their landlord has not met these obligations may consider documenting all communications, consulting a tenant-rights organization familiar with Delaware housing law, or exploring whether the violation can be raised as a defense in a relevant legal proceeding.
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