Delaware Statewide Rule
Delaware Landlord Entry Notice Requirements
Key Facts
- Notice required
- At least 48 hours (Del. Code tit. 25 § 5509)
- Permitted hours
- 8:00 a.m. to 9:00 p.m.
- Emergency entry
- Allowed any time, no notice
- Tenant-requested repairs
- Notice/hour limits do not apply
Summary
Under Del. Code tit. 25 § 5509, a Delaware landlord must give the tenant at least 48 hours' written notice before entering a rental unit, and entry is limited to the hours between 8:00 a.m. and 9:00 p.m. In a genuine emergency the landlord may enter at any time without notice.
(b) The landlord shall not abuse this right of access nor use it to harass a tenant. 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. As to prospective tenants or purchasers only, the tenant may expressly waive in a signed addendum to the rental agreement or other separate signed document the requirement that the landlord provide 48 hours' notice prior to the entry into the premises. In the case of an emergency the landlord may enter at any time.
Full Breakdown
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.
Violations & Penalties
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.
Frequently Asked Questions
How much notice must a Delaware landlord give before entering?
Can a Delaware landlord enter without notice in an emergency?
Sources
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