25 Del. C. ch. 55 § 5510
Landlord remedy for unreasonable refusal to allow access
Operative Text
(a) The tenant shall be liable to the landlord for any harm proximately caused by the tenant’s unreasonable refusal to allow access. Any court of competent jurisdiction may issue an injunction against a tenant who has unreasonably withheld access to the rental unit. (b) The landlord shall be liable to the tenant for any theft, casualty or other harm proximately resulting from an entry into the rental unit by landlord, its employees or agents or with landlord’s permission or license: (1) When the tenant is absent and has not specifically consented to the entry; (2) Without the tenant’s actual consent when tenant is present and able to consent; and (3) In any other case, where the harm suffered by the tenant is due to the landlord’s negligence. (c) Repeated demands for unreasonable entry or any actual entry which is unreasonable and not consented to by the tenant may be treated by the tenant as grounds for termination of the rental agreement. Any court of competent jurisdiction may issue an injunction against such unreasonable demands on behalf of 1 or more tenants. (d) Every agreement or understanding between a landlord and a tenant which purports to exempt the landlord from any liability imposed by this section, except consent to a particular entry, shall be null and void.
Delaware Code Title 25, Section 5510 establishes a two-way framework governing access to rental units. A tenant who unreasonably refuses to allow access can be held liable for resulting harm and may be subject to a court injunction. Conversely, a landlord who enters without proper consent—whether the tenant is home or away—can be held liable for theft, damage, or other harm that results, and repeated unreasonable entry demands can give the tenant grounds to terminate the lease. Any agreement attempting to waive the landlord's liability under this section is void.
Plain English — not legal advice.
Under 25 Del. C. § 5510, compliant property operators document their access requests, provide appropriate notice, and obtain actual tenant consent before entering—particularly when the tenant is present. When a tenant is absent, operators generally avoid entry unless the tenant has specifically consented to that particular visit, since unauthorized entry can create liability for any resulting theft or damage. Operators also avoid making repeated or unreasonable demands for access, as courts can issue injunctions against such conduct.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 5510 of Title 25 of the Delaware Code gives tenants meaningful protections against unauthorized or excessive landlord entry. If a landlord enters without your consent—whether you are home or away—and harm such as theft or property damage results, the landlord may be held liable. Tenants who face repeated unreasonable entry demands may have grounds to treat those demands as a basis for lease termination, and courts can issue injunctions on behalf of affected tenants; tenant-rights organizations in Delaware can help explain what options may be available in a given situation.
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 Out
No outbound references recorded yet for this provision.
References In
Rules and statutes that cite this regulation