Delaware Habitability and Repair Standards

Under Del. Code tit. 25 § 5305(a), a landlord must 'comply with all applicable provisions of any state or local statute, code, regulation or ordinance,' provide a unit that does not 'endanger the health, welfare or safety of the tenants,' keep common areas sanitary, make repairs to keep the unit habitable, and maintain electrical, plumbing, and other supplied facilities in good working order. When the landlord fails, § 5307 gives a repair-and-deduct remedy: after written notice, if the landlord does not remedy a minor defect within 30 days (or begin within 10 days), the tenant may make the repair and deduct the cost, 'not exceeding $400, or 1/2 of 1 month's rent, whichever is less,' submitting receipts. Chapter 53 also allows rent escrow and termination for material violations.

A landlord who fails to maintain habitable conditions may be subject to repair-and-deduct (capped at $400 or half a month's rent), rent reduction or escrow, and tenant termination of the lease for material noncompliance under Chapter 53.