25 Del. C. ch. 70 § 7019
Retaliatory acts prohibited
Operative Text
(a) Retaliatory acts are prohibited. (b) A retaliatory act is an attempted or completed act on the part of a landlord to pursue an action against a tenant for summary possession, to terminate a tenant’s rental agreement, to cause a tenant to move involuntarily from a rented lot in the manufactured home community, or to decrease services to which a tenant is entitled under a rental agreement, after any of the following occur: (1) The tenant has complained in good faith to either the landlord or to an enforcement authority about a condition affecting the premises of the manufactured home community which constitutes a violation under subchapters I through V of this chapter or a violation of a housing, health, building, sanitation, or other applicable statute or regulation. (2) An enforcement authority has instituted an enforcement action based on a complaint by the tenant for a violation under subchapters I through V of this chapter or a violation of a housing, health, building, sanitation, or other applicable statute or regulation with respect to the premises. (3) The tenant has formed or participated in a manufactured home tenants’ organization or association. (4) The tenant has filed a legal action against the landlord or the landlord’s agent for any reason. (c) If a tenant proves that a landlord attempted to commit or committed an act under subsection (b) of this section within 90 days of the tenant’s action under paragraphs (b)(1) through (b)(4) of this section, the landlord’s act is presumed to be a retaliatory act. (d) Affirmative defenses to a claim that a landlord attempted to commit or committed a retaliatory act include proof by a preponderance of the evidence of any of the following: (1) The landlord had due cause for termination of the rental agreement under subchapters I through V of this chapter and gave the required notice to the tenant. (2) The tenant’s legal action against the landlord relates to a condition caused by the lack of ordinary care by the tenant or by a resident of the tenant’s manufactured home or by a guest or visitor on the premises with the tenant’s or resident’s consent. (3) The rented lot was in substantial compliance with all applicable statutes and regulations on the date of the filing of the tenant’s legal action against the landlord. (4) The landlord could not have reasonably remedied the condition complained of by the tenant by the date of the filing of the tenant’s legal action against the landlord. (e) A tenant subjected to a retaliatory act set forth in subsection (b) of this section is entitled to recover the greater of 3 months’ rent, or 3 times the damages sustained by the resident, in addition to the court costs of the legal action.
Section 7019 of Delaware's manufactured home community law (25 Del. C. ch. 70) prohibits landlords from taking adverse actions—such as seeking eviction, terminating a rental agreement, forcing a tenant to move, or reducing services—in response to a tenant's good-faith complaint, participation in a tenants' organization, or filing of a legal action. When such an adverse action occurs within 90 days of a protected tenant activity, the law presumes it to be retaliatory. Landlords may rebut that presumption by demonstrating certain affirmative defenses, such as having independent cause for termination or the lot being in substantial compliance with applicable regulations.
Plain English — not legal advice.
Under § 7019, operators of manufactured home communities in Delaware must ensure that any adverse action taken against a tenant—including eviction proceedings, lease termination, or service reductions—is grounded in documented, legitimate cause entirely unrelated to the tenant's protected activities. Because the law creates a 90-day presumption of retaliation, compliant operators typically maintain thorough records showing the independent basis for any adverse action and the timeline of events. Landlords who cannot rebut the presumption face liability for the greater of three months' rent or triple the tenant's actual damages, plus court costs.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 7019 protects manufactured home community tenants in Delaware who make good-faith complaints, join a tenants' organization, or file a legal action against their landlord from retaliatory eviction, lease termination, forced moves, or service reductions. If an adverse action occurs within 90 days of a protected activity, the law automatically presumes it is retaliatory, shifting the burden to the landlord. Tenants who believe they have experienced retaliation may raise it as a defense in eviction proceedings, file a complaint with a relevant enforcement authority, or consult a tenant-rights organization to understand available remedies, which can include the greater of three months' rent or triple actual damages.
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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