Skip to main content
CityRuleLookup

Sussex County, DE Public Health Rules: Rodent Control (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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.

These county ordinances apply to unincorporated areas of Sussex County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

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.

View official code

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?
The owner must exterminate before ever renting the unit, under § 71-20A. Once occupied, § 71-20B makes the tenant responsible for keeping the unit ratproof, and the tenant pays for extermination if that ratproof condition isn't maintained. In a multi-unit building, the owner still covers pest control in shared or public areas under Subsection D.
Can a Sussex County landlord be cited for a rat problem in common hallways?
Yes. Section 71-20D makes the owner, agent or operator of a building with two or more units responsible for exterminating pests in the shared or public areas, separate from any unit-specific duty a tenant carries. The Code Official can order the correction under § 71-27, with misdemeanor penalties under § 71-30B for noncompliance.
Does Sussex County require exterminators to use bait a certain way?
Yes. Section 71-20E requires all extermination baits to be used as stated on the package label, on top of the owner's duty to make the structure rodentproof. The code doesn't specify a particular product or method beyond following the label instructions.

Sources & Official References

Other rules in Sussex County

All Sussex County rules

Compare Sussex County to another location·View the Delaware public health rules overview

Get notified when Rodent Control in Sussex County, DE changes

We'll email you the moment we detect a change in the code. No spam, unsubscribe anytime.

We'll never sell or share your email. One-click unsubscribe in every email.

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.