Delaware Landlord Entry Notice Requirements

Del. Code tit. 25 § 5509 requires that 'the landlord shall give the tenant at least 48 hours' notice of landlord's intent to enter, except for repairs requested by the tenant, and shall enter only between 8:00 a.m. and 9:00 p.m.' Permitted purposes include inspecting the unit, making necessary or agreed repairs and improvements, supplying services, and showing the unit to prospective buyers or tenants. The 48-hour notice and time-of-day limits do not apply when the tenant requested the repair. 'In the case of an emergency the landlord may enter at any time,' such as fire, flood, or a burst pipe. A landlord who repeatedly demands entry without proper purpose, or a tenant who unreasonably refuses lawful access, each have remedies under §§ 5509-5510.

A landlord who enters without the required 48-hour notice or outside permitted hours may face a tenant action; conversely, a tenant's unreasonable refusal of lawful access lets the landlord recover damages or terminate under § 5510.