25 Del. C. ch. 70 § 7061
Petition for receivership
Operative Text
(a) Any tenant, or group of tenants, or the Attorney General, may petition for the establishment of a receivership in a Justice of the Peace Court upon the grounds that there has existed for 5 days or more after notice to the landlord of any of the following: (1) If the rental agreement, or any state or local statute, code, regulation, or ordinance, places a duty upon the landlord to so provide, a lack of heat, or of running water, or of light, or of electricity, or of adequate sewage facilities. (2) Any other conditions imminently dangerous to the life, health, or safety of the tenant. (b) The filing of a petition under the provisions of this subchapter does not limit the filing party’s right to exercise rights or seek remedies otherwise available to that party under other statutes or the common law.
Under 25 Del. C. ch. 70 § 7061, Delaware law allows tenants, groups of tenants, or the Attorney General to ask a Justice of the Peace Court to place a rental property into receivership when serious habitability failures — such as the loss of heat, running water, light, electricity, or adequate sewage, or other conditions imminently dangerous to life, health, or safety — have persisted for five or more days after the landlord received notice. Receivership is a legal arrangement in which a court-appointed third party takes over management of the property to address the deficiencies. Filing a receivership petition does not foreclose any other legal remedies the petitioning party may have under other statutes or common law.
Plain English — not legal advice.
Under 25 Del. C. ch. 70 § 7061, operators who receive notice of a habitability failure — including loss of heat, running water, light, electricity, or sewage, or any condition imminently dangerous to tenants — face the risk of a court-initiated receivership if the condition persists for five or more days without remediation. Compliant property managers generally document the receipt of any habitability complaint, respond promptly, and maintain records showing that repairs were completed within the notice window. Keeping maintenance logs and written communications with tenants can demonstrate responsiveness if a petition is ever filed.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 7061 of Title 25 of the Delaware Code gives tenants — individually or as a group — the right to petition a Justice of the Peace Court for receivership when a landlord has failed to correct a serious habitability problem, such as loss of heat, water, electricity, or sewage, or another imminently dangerous condition, for at least five days after receiving notice. Filing under § 7061 does not waive any other rights a tenant may have, including remedies available under other statutes or common law. Tenants who believe this provision applies to their situation may want to consult a tenant-rights organization or legal aid office to understand the full range of options 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.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
Rules and statutes that cite this regulation