Sussex County, DE Public Health Rules: Rodent Control (2026)
Key Facts
- Pre-rental duty
- Owner must exterminate before renting, leasing or selling
- Occupied-unit duty
- Tenant keeps the ratproof condition maintained
- Shared areas
- Owner responsible for pests in common areas
- Governing section
- Sussex County Code § 71-20
- Penalty
- $25-$500 fine or up to 30 days jail
Summary
Sussex County's Housing Code makes property owners responsible for exterminating insects, rats and other pests before renting, leasing or selling a structure, and for keeping it rodentproof afterward. Section 71-20 splits the ongoing duty between owner and tenant depending on whether the pest problem is inside the unit or a shared area.
Owner. 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... Extermination procedures. The owner is responsible for making the structure rodentproof. All baits used for extermination shall be used as stated on the package label.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4401089; v17 updated 2025-06-17; through 06-17-2025).
Full Breakdown
Section 71-20, "Extermination," opens with the owner's baseline duty to exterminate insects, rats, vermin or other pests within a structure before renting, leasing or selling it. Once a tenant is in place, Subsection B shifts the ratproof-condition duty to the tenant-occupant, who bears the extermination cost if the ratproof condition isn't maintained. Subsection C makes the sole occupant of a single-dwelling-unit structure responsible for pest control on that structure and its premises, while Subsection D puts the burden on the owner, agent or operator for public or shared areas of a multi-unit building or rooming house.
Subsection E closes the loop, making the owner responsible for making the structure rodentproof and requiring all extermination baits to be used as stated on the package label. The same rodent standard runs through § 71-11F, which requires all premises to remain free of insects, rats, vermin or other pests in all exterior areas, assigning that exterior duty to the owner except in a single-family dwelling's yard, where the occupant answers for it. A structure that stays infested despite notice can be found "unfit for human occupancy" under § 71-26B, which lists vermin or rat infestation as a condemnation ground.
Violations & Fines
Failing to exterminate or rodentproof a structure after a Code Official's correction order is a misdemeanor under § 71-30B, punishable by a $25 to $500 fine, up to 30 days in jail, or both, with each day of continued infestation a separate offense. A persistently infested structure can also be condemned and placarded under § 71-26.
Frequently Asked Questions
Who pays for exterminating rats in a Sussex County rental, the landlord or tenant?
Can a Sussex County landlord be cited for a rat problem in common hallways?
Does Sussex County require exterminators to use bait a certain way?
Sources & Official References
Other rules in Sussex County
Compare Sussex County to another location·View the Delaware public health rules overview
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