31 Del. C. ch. 41 § 4128
Notices and orders
Operative Text
(a) Notice to owner or to person or persons responsible. — Whenever the code official determines that there has been a violation of this chapter or has reasonable grounds to believe that a violation has occurred, or whenever the code official has condemned any structure or equipment under § 4127 of this title, notice shall be given to the owner or the person or persons responsible therefor in the manner prescribed below. If the code official has condemned the property or part thereof, the code official shall give notice to the owner and to the occupants of the intent to placard and to order vacation of the premises or to order equipment out of service. (b) Form. — Such notice shall: (1) Be in writing; (2) Include a description of the real estate sufficient for identification; (3) Include a statement of the reason or reasons why it is being issued; (4) Include a correction order allowing a reasonable time for the repairs and improvements required to bring the dwelling unit or structure into compliance with this chapter; and (5) Include state penalties for noncompliance. (c) Service. — Such service shall be deemed properly served upon such owner and/or occupant if a copy thereof is delivered to the owner and/or occupant personally; or by leaving the notice at the usual place or abode, in the presence of someone in the family of suitable age and discretion who shall be informed of the contents thereof; or by certified or registered mail service addressed to the owner and/or occupant at the last known address. If the owner, agent or person in control is not found, a copy of the notice posted in a conspicuous place on the premises shall be deemed the equivalent of personal service, upon posting. Any notice herein shall, if mailed, be deemed to be effective upon mailing. (d) Service on occupant. — When a condemnation order is served on an occupant other than the owner or person responsible for such compliance, a reasonable time to vacate the property after noncompliance shall be stated. Owners or persons responsible for compliance must vacate at the time set for correction of defects if there is failure of compliance. (e) Penalties. — Failure to comply with orders and notices shall be subject to the penalties set forth in § 4131(b) of this title. (f) Transfer of ownership. — It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of such property to another until the compliance order or notice of violation has been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the code official and shall furnish to the code official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation.
Under 31 Del. C. ch. 41 § 4128, when a code official finds or reasonably suspects a housing violation—or condemns a structure or piece of equipment—the law requires that written notice be delivered to the owner or responsible party, describing the property, explaining the reasons for the notice, and setting a reasonable deadline for corrections. The notice must also inform recipients of the state penalties that apply if they fail to comply. If a property is condemned, occupants must also be notified of the intent to post a placard and order the premises vacated. Additionally, owners who have received a violation notice or compliance order are prohibited from selling, transferring, mortgaging, or leasing the property without either resolving the violation or formally disclosing it to the incoming party and obtaining their signed, notarized acceptance of responsibility.
Plain English — not legal advice.
Property owners and managers subject to 31 Del. C. ch. 41 § 4128 generally ensure that any written notice of violation or compliance order is carefully reviewed upon receipt, noting the stated correction deadline and the specific deficiencies identified. Compliant operators address required repairs within the time allowed and document their corrective actions. Critically, owners who have an open compliance order or notice of violation on record disclose that fact to any prospective buyer, tenant, or mortgagee—and obtain a signed, notarized acknowledgment of responsibility from that party before completing any transfer—or they resolve the violation first. Failing to follow these steps when transferring property is treated as an unlawful act under this provision.
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 § 4128, tenants living in a condemned property have the right to receive formal written notice of the condemnation, including the intent to post a placard and order vacation, along with a reasonable time to vacate if the owner fails to correct the deficiencies. If you are renting a property and discover that an open compliance order or notice of violation existed before you signed your lease, this provision's transfer-disclosure requirement may be relevant to your situation. Tenants who believe their landlord has not complied with notice requirements or has improperly transferred a property with an unresolved violation can document the issue and reach out to the local code enforcement office or a tenant-rights organization to understand available options.
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 In
Rules and statutes that cite this regulation