25 Del. C. ch. 59 § 5903
Defenses
Operative Text
It shall be sufficient defense to this proceeding, if any defendant of record establishes that: (1) The condition or conditions described in the petition do not exist at the time of trial; or (2) The condition or conditions alleged in the petition have been caused by the wilful or grossly negligent acts of 1 or more of the petitioning tenants or members of the tenant’s or tenants’ families or by other persons on the premises with the tenant’s or tenants’ consent; or (3) Such condition or conditions would have been corrected, were it not for the refusal by any petitioner to allow reasonable access.
Under 25 Del. C. ch. 59 § 5903, a landlord facing a rent-escrow or repair-and-deduct proceeding may defeat the claim by showing one of three things: that the complained-of conditions no longer existed at the time of trial, that the conditions were caused by the willful or grossly negligent conduct of the tenants themselves (or their family members or invited guests), or that the landlord would have fixed the conditions but was denied reasonable access to the property. These defenses shift the focus from whether a problem existed to who is responsible for it and whether it persists.
Plain English — not legal advice.
Property owners and managers defending a proceeding under 25 Del. C. ch. 59 § 5903 generally document the current condition of the unit as close to the trial date as possible, since remediation completed before trial can support the first defense. Operators who maintain written records of repair requests, access attempts, and any tenant-caused damage are better positioned to demonstrate that conditions were caused by tenant conduct or that access was unreasonably withheld. Keeping dated correspondence, inspection logs, and photographs is a common practice among compliant operators facing these types of proceedings.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 25 Del. C. ch. 59 § 5903, tenants who bring a habitability proceeding should be aware that a landlord may argue the defenses of prior correction, tenant-caused damage, or denial of access. Tenants who have documented the ongoing nature of a condition, kept records of any access they granted, and avoided conduct that could be characterized as willful or grossly negligent are generally in a stronger position to counter these defenses. Tenant-rights organizations and legal aid offices can help tenants understand how these defenses apply and what options — such as raising a counter-argument at the hearing — may be available.
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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