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New Castle County, DE Water Use Rules: Leak Reporting Duty (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
County Code § 19.03.003
Tenant duty
Prevent spills and overflows
Landlord duty
Notify immediately, keep leak-free
Emergency penalty
$500 per unit, first violation
Continuing penalty
$500 per day per unit
Repeat penalty
$1,000 within 12 months
Enforcing agency
Dept. of Land Use, (302) 395-5555

Summary

New Castle County's Tenants' Rights Guide, codified at County Code § 19.03.003, requires every rental unit's roof and plumbing to stay free of leaks. Tenants must stop any spill or overflow themselves, but the instant a leak, spill, or overflow appears, the landlord must be notified immediately to head off further damage such as mold.

City-specific rules exist: Wilmington has its own leak reporting duty rules that differ from New Castle County's county-level regulations. If you live in Wilmington, check the city-specific page instead.

Leaks Your roof and plumbing should be free of leaks. The tenant has a responsibility to prevent any spills or overflows. In the event of a leak, spill or overflow, the landlord should be notified immediately to prevent additional damage such as mold.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 5).

Full Breakdown

003 makes the Tenants' Rights Guide part of the County Code and requires every landlord of a rental unit in unincorporated New Castle County to hand a copy to each tenant when the tenancy begins. The Guide's "Leaks" entry places two duties side by side: the tenant's duty to prevent spills or overflows from getting worse, and the landlord's duty to keep the roof and plumbing leak-free and to act once notified. The Department of Land Use, reachable at (302) 395-5555, is the agency listed to take a report if the landlord does not respond.

002(C)(3)(d): once the Code Official notifies a landlord of an emergency, the landlord has four hours to respond and twenty-four hours to make corrective repairs. Missing that window triggers a $500 civil penalty per affected rental unit for the first violation, an additional $500 per day for each day the condition stays uncorrected, and a $1,000 penalty if the same property has a repeat failure within twelve months. A single building system failure affecting several units counts as one violation per building per day rather than one per unit.

The Guide itself must be updated by the Department every year no later than July 1, and it must be available in both English and Spanish so tenants can act on the leak-notification duty regardless of language.

Violations & Fines

A landlord who fails to respond to a leak the Code Official has flagged as an emergency condition owes a $500 civil penalty per rental unit for the first violation, another $500 for each additional day the leak goes uncorrected past the 24-hour repair window, and $1,000 for a repeat failure at the same property inside twelve months, under Section 19.04.002(C)(3)(d).

Frequently Asked Questions

Who has to fix a leak in a New Castle County rental?
The landlord does. County Code § 19.03.003's Tenants' Rights Guide states the roof and plumbing should be free of leaks and puts the repair obligation on the landlord once notified, while the tenant's job is limited to preventing any spill or overflow from worsening before help arrives.
How fast does my landlord have to respond after I report a leak?
If the Code Official treats the leak as an emergency condition, the landlord must respond within four hours and make corrective repairs within twenty-four hours under Section 19.04.002(C)(3)(d). Missing that window triggers a $500 penalty per rental unit and an added $500 for every day the leak stays unfixed.
What if my landlord ignores a leak I reported?
Contact the New Castle County Department of Land Use at (302) 395-5555, the agency the Tenants' Rights Guide lists for every unresolved housing problem. Land Use can issue a notice of violation and, if the leak has become an emergency condition, assess escalating civil penalties against the landlord.
Does a leak that causes mold get treated differently?
The Guide specifically flags mold as the reason immediate notification matters: it tells tenants a leak, spill, or overflow should be reported right away to prevent additional damage such as mold, and mold itself appears as a separate standard the landlord must remediate under the same Guide.

Sources & Official References

Other rules in New Castle County

All New Castle County rules

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