31 Del. C. ch. 41 § 4121
Extermination
Operative Text
(a) Owner’s responsibility. — The owner of any structure shall be responsible for extermination of insects, rats, vermin or other pests within the structure prior to renting, leasing or selling the structure. (b) Tenant-occupant’s responsibility. — The tenant-occupant of any structure shall be responsible for the continued rat proof condition of the structure, and if the tenant occupant fails to maintain the rat-proof condition, the cost of extermination shall be the responsibility of the tenant-occupant. (c) Single unit occupant’s responsibility. — The occupant of a structure containing a single dwelling unit shall be responsible for the extermination of any insects, rats or other pests in the structure or on the premises, except as otherwise provided in subsection (e) of this section. (d) Responsibility for common areas in multiple unit structures. — Every owner, agent or operator of 2 or more dwelling units or multiple occupancies, or rooming houses, shall be responsible for the extermination of any insects, rats or other pests in the public or shared areas of the structure and premises. (e) Bed bug remediation. — (1) If the tenant notifies the owner that the tenant found or reasonably suspects a bed bug infestation in a dwelling unit within 60 days after the dwelling unit was occupied or within 30 days of discovery of a bed bug infestation in an adjoining unit in the building, the owner shall be responsible for the costs of investigating and remediating the infestation. (2) If the tenant notifies the owner of a bed bug infestation more than 60 days after the dwelling unit was occupied and not within 30 days of a discovery of a bed bug infestation in an adjoining unit within the building, the landlord shall be responsible for investigating and remediating the bed bug infestation, provided that the tenant shall share in the responsibility for the reasonable costs for remediating the infestation in the tenant’s unit. (3) The tenant shall not be responsible to share in costs with properties managed by a state or local government housing authority.
Under 31 Del. C. ch. 41 § 4121, Delaware law divides pest-control responsibility based on the type of structure and the circumstances of infestation. Owners must exterminate pests before renting, leasing, or selling a property, and they bear responsibility for common areas in multi-unit buildings. For bed bugs specifically, the timing of a tenant's notice to the owner determines how remediation costs are allocated, with government-managed housing tenants exempt from sharing those costs entirely.
Plain English — not legal advice.
Under 31 Del. C. ch. 41 § 4121, compliant property owners and managers ensure that any structure is free of insects, rats, vermin, and other pests before it is rented, leased, or sold. Operators of two or more dwelling units maintain ongoing extermination programs for all shared and public areas of the property. When a tenant reports a bed bug infestation, owners generally document the timing of that notice relative to move-in and any adjoining-unit discoveries, since those timelines govern how remediation costs are distributed between owner and tenant.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 4121 of Title 31 of the Delaware Code gives tenants important protections regarding pest control, particularly for bed bugs. If you discover or reasonably suspect a bed bug infestation, the timing of your written notice to the owner matters: notifying within 60 days of move-in or within 30 days of learning about an infestation in an adjoining unit generally places full remediation costs on the owner. Tenants living in properties managed by a state or local government housing authority are not required to share in remediation costs under any circumstance; tenants in other situations who believe their rights under § 4121 have been violated may consider contacting a local tenant-rights organization or raising the issue with the appropriate housing authority.
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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