31 Del. C. ch. 41 § 4114
Interior structure
Operative Text
(a) In general. — The interior of a structure and its equipment shall be maintained structurally sound and in a sanitary condition so as not to pose a threat to the health and safety of the occupants and to protect the occupants from the environment. (b) Structural members. — The supporting structural members of every building shall be maintained structurally sound, not showing any evidence of deterioration which would render them incapable of carrying the imposed loads. (c) Interior surfaces. — Floors, walls, including windows and doors, ceilings and other interior surfaces shall be maintained in good, clean and sanitary condition. (d) Lead-based paint. — Lead-based paint with a lead content of more than 0.5 percent shall not be applied to any interior or exterior surface of a dwelling or dwelling unit, including fences and outbuildings upon any premises. (e) Bathroom and kitchen floors. — Every toilet, bathroom and kitchen floor surface shall be constructed and maintained so as to permit such floor to be easily kept in a clean and sanitary condition. (f) Free from dampness. — Cellars, basements and crawl spaces shall be maintained free from standing water so as to prevent conditions conducive to decay or deterioration of the structure. (g) Sanitation. — The interior of every structure shall be maintained in a clean and sanitary condition free from any accumulation of rubbish, refuse or garbage. Rubbish, garbage and other refuse shall be properly kept inside temporary storage facilities. (h) Public halls and stairways. — Garbage or refuse shall not be allowed to accumulate or be stored in public halls or stairways. (i) Insect and rat harborage. — All structures shall be kept free from insect and rat infestation, and where insects or rats are found they shall be promptly exterminated by acceptable processes which will not be injurious to human health. After extermination, proper precautions shall be taken to prevent reinfestation. (j) Exit doors. — Every door available as an exit shall be capable of being opened easily from the inside. (k) Exit facilities — Adequacy. — Stairs, porches, railings and other exit facilities shall be adequate for safety. (l) Exit facilites — Maintenance. — All interior stairs and railings and other exit facilities of every structure shall be maintained in sound condition and good repair by replacing treads and risers that evidence excessive wear or are broken, warped or loose. Every inside stair shall be so constructed and maintained as to be safe to use and capable of supporting the anticipated loads.
Delaware Code 31 Del. C. ch. 41 § 4114 establishes comprehensive interior maintenance standards for residential structures. The provision requires that structural components, interior surfaces, floors, and exit facilities be kept sound, clean, and safe, while also prohibiting the application of lead-based paint with more than 0.5 percent lead content to any interior or exterior surface. Cellars and crawl spaces must remain free of standing water, and all areas must be kept clear of rubbish, pests, and infestations. Exit doors and stairways must remain functional and safe for occupants at all times.
Plain English — not legal advice.
Property owners and managers operating under 31 Del. C. ch. 41 § 4114 generally maintain a routine inspection schedule covering structural members, interior surfaces, bathroom and kitchen floors, and all exit facilities including stairs and railings. Compliant operators promptly address signs of deterioration, dampness in below-grade spaces, pest activity, and any accumulation of refuse in common areas such as hallways and stairwells. Operators also ensure that no lead-based paint exceeding 0.5 percent lead content is applied to any surface of the dwelling, and that extermination efforts following any infestation are accompanied by preventive measures against reinfestation.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 31 Del. C. ch. 41 § 4114, tenants have the right to occupy a dwelling whose interior structure, surfaces, exits, and common areas are maintained in a safe, clean, and sanitary condition. If conditions such as pest infestations, standing water in basements, deteriorating stairs or railings, blocked exits, or refuse accumulation are present, tenants may document these issues and report them to the relevant local housing or code enforcement authority in Delaware. Tenant-rights organizations can help residents understand available options, which may include filing a formal complaint or raising a housing code violation as a defense in certain legal proceedings.
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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