Kent County, DE Rental Property Rules: Repairs & Habitability (2026)

Kent County's Housing Code (Chapter 143) governs every residential structure in the unincorporated county not already covered by a municipal housing code, since Dover, Smyrna, Milford and the county's other towns may adopt their own version under § 143-7. Under § 143-11, §§ 143-11 through 143-21 set the minimum conditions a landlord or owner-occupant must meet whenever a deviation poses an imminent threat to occupants' health and safety. Section 143-12 makes the owner responsible for keeping buildings and premises clean, safe and sanitary, free of rubbish and garbage accumulation, properly graded to prevent standing water, and free of insects and rats in exterior areas (the occupant of a single-family home handles exterior pest control there instead).

Section 143-16 requires every dwelling unit to have its own water closet, lavatory, kitchen sink and a bathtub or shower, each supplied with hot and cold running water, with water heating facilities capable of delivering water at not less than 110°F. Section 143-17 requires heating facilities able to maintain 65°F, measured three feet above the floor and three feet from an exterior wall, in every habitable room, bathroom and toilet room. Section 143-18 requires electrical facilities adequate for safe use, and § 143-19 requires working fire alarms and extinguishers, and sprinkler heads free of corrosion or damage where installed. The county's code official may inspect rental premises and issue correction orders under §§ 143-26 and 143-28 when these standards are not met.