25 Del. C. ch. 55 § 5507
Landlord remedies for absence or abandonment
Operative Text
(a) If the rental agreement provides for notification to the landlord by the tenant of an anticipated extended absence as defined in this Code or in the rental agreement, and the tenant fails to comply with such requirement, the tenant shall indemnify the landlord for any harm resulting from such absence. (b) The landlord may, during any extended absence of the tenant, enter the rental unit as is reasonably necessary for inspection, maintenance and safekeeping. (c) Unless otherwise agreed to in the rental agreement, the tenant shall use the rental unit only as the tenant’s abode. A violation of this covenant shall constitute the breach of a rule under § 5511 of this title, and shall entitle the landlord to proceed as specified elsewhere in this chapter. (d) If the tenant wrongfully quits the rental unit and unequivocally indicates by words or deeds the tenant’s intention not to resume tenancy, such action by the tenant shall entitle the landlord to proceed as specified elsewhere in this chapter and the tenant shall be liable for the lesser of the following for such abandonment: (1) The entire rent due for the remainder of the term and expenses for actual damages caused by the tenant (other than normal wear and tear) which are incurred in preparing the rental unit for a new tenant; or (2) All rent accrued during the period reasonably necessary to re-rent the premises at a fair rental; plus the difference between such fair rental and the rent agreed to in the prior rental agreement; plus expenses incurred to re-rent; repair damage caused by the tenant (beyond normal wear and tear); plus a reasonable commission, if incurred by the landlord for the re-renting of the premises. In any event, the landlord has a duty to mitigate damages. (e) If there is no appeal from a judgment granting summary possession under subsection (c) or (d) of this section, the landlord may immediately remove and store, at the tenant’s expense, any and all items left on the premises by the tenant. Seven days after the appeal period has expired, the property shall be deemed abandoned and may be disposed of by the landlord without further notice or liability.
Section 5507 of Delaware's Residential Landlord-Tenant Code addresses what happens when a tenant is absent from or abandons a rental unit. If a lease requires the tenant to notify the landlord of a long absence and the tenant fails to do so, the tenant bears responsibility for any resulting harm to the landlord. When a tenant wrongfully abandons the unit and clearly signals no intent to return, the landlord may pursue damages — capped at the lesser of the full remaining rent plus repair costs, or the costs tied to re-renting the unit — while still being obligated to take reasonable steps to limit those losses.
Plain English — not legal advice.
Under § 5507, compliant operators generally include clear notification requirements for extended absences in their lease agreements and document any tenant communications about planned absences. During a verified extended absence, landlords are permitted to enter the unit as reasonably necessary for inspection, maintenance, and safekeeping. When a tenant abandons the unit, operators typically document the abandonment clearly, make good-faith efforts to re-rent the unit at a fair market rate to satisfy the statutory duty to mitigate damages, and follow the specific timeline in § 5507(e) before disposing of any property left behind.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 5507 establishes that tenants have an obligation to notify their landlord of extended absences if the lease requires it, and that failing to do so can create financial liability for any resulting harm. Tenants should be aware that using the rental unit for purposes other than as a primary residence may be treated as a rule violation under § 5511, which can trigger landlord remedies. If a landlord claims abandonment or seeks damages under § 5507, tenants may wish to review whether the landlord fulfilled the statutory duty to mitigate damages, and can consult a tenant-rights organization or legal aid service for guidance on available defenses or responses.
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