25 Del. C. ch. 51 § 5117
Remedies for violation of the rental agreement or the Code
Operative Text
(a) For any violation of the rental agreement or this Code, or both, by either party, the injured party shall have a right to maintain a cause of action in any court of competent civil jurisdiction. (b) In satisfaction of any judgment obtained by the landlord for rental arrearage or unlawful destruction of property, the wages of the judgment debtor may be attached in the manner provided by law.
Section 5117 of Delaware's Residential Landlord-Tenant Code (25 Del. C. ch. 51 § 5117) establishes that when either a landlord or a tenant violates a rental agreement or the Code, the party harmed by that violation has the right to bring a civil lawsuit in an appropriate court. Additionally, if a landlord wins a court judgment for unpaid rent or unlawful destruction of property, the law permits the landlord to pursue wage garnishment against the judgment debtor as a means of collecting that judgment. This provision creates a mutual enforcement mechanism, meaning both landlords and tenants can seek judicial remedies for covered violations.
Plain English — not legal advice.
Under 25 Del. C. ch. 51 § 5117, landlords who suffer harm from a tenant's violation of the rental agreement or the Delaware Residential Landlord-Tenant Code generally have the option to pursue a civil court action to seek relief. If a court awards a judgment for unpaid rent or unlawful property damage, landlords may also pursue wage attachment against the tenant in accordance with Delaware's garnishment procedures. Operators who maintain thorough documentation of lease terms, payment records, and any property damage are generally better positioned to support such claims in court.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
25 Del. C. ch. 51 § 5117 makes clear that tenants, like landlords, have the right to bring a civil lawsuit when a landlord violates the rental agreement or the Delaware Residential Landlord-Tenant Code. This mutual right means that a landlord's violation of the Code or lease terms can serve as the basis for a tenant's own legal claim in a court of competent civil jurisdiction. Tenants who believe their rights under the Code have been violated may wish to consult a tenant-rights organization or legal aid service to understand the range of options available to them.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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