25 Del. C. ch. 53 § 5307
Tenant’s remedies relating to the rental unit; repair and deduction from rent
Operative Text
(a) If the landlord of a rental unit fails to repair, maintain or keep in a sanitary condition the leased premises or perform in any other manner required by statute, code or ordinance, or as agreed to in the a rental agreement; and, if after being notified in writing by the tenant to do so, the landlord: (1) Fails to remedy such failure within 30 days from the receipt of the notice; or (2) Fails to initiate reasonable corrective measures where appropriate, including, but not limited to, the obtaining of an estimate of the prospective costs of the correction, within 10 days from the receipt of the notice; Then the tenant may immediately do or have done the necessary work in a professional manner. After the work is done, the tenant may deduct from the rent a reasonable sum, not exceeding $400, or 1/2 of 1 month’s rent, whichever is less, for the expenditures by submitting to the landlord copies of those receipts covering at least the sum deducted. (b) In no event may a tenant repair or cause anything to be repaired at the landlord’s expense when the condition complained of was caused by the want of due care by the tenant, a member of the tenant’s family or another person on the premises with the tenant’s consent. (c) A tenant who is otherwise delinquent in the payment of rent may not take advantage of the remedies provided in this section. (d) The tenant is liable for any damage to persons or property where such damage was caused by the tenant or by someone authorized by the tenant in making said repairs.
Under 25 Del. C. ch. 53 § 5307, when a landlord fails to repair, maintain, or keep leased premises in a sanitary condition as required by law or a rental agreement, a tenant who has given written notice may arrange for the necessary work to be done professionally if the landlord does not begin reasonable corrective steps within 10 days or fully remedy the problem within 30 days. The tenant may then deduct from rent the lesser of $400 or one-half of one month's rent, provided receipts are submitted to the landlord covering at least the amount deducted. This remedy is not available if the tenant caused the condition through lack of due care, if the tenant is behind on rent, or if the repairs were not carried out in a professional manner.
Plain English — not legal advice.
Under 25 Del. C. ch. 53 § 5307, compliant property operators generally respond to written repair notices promptly — initiating reasonable corrective measures, such as obtaining cost estimates, within 10 days and completing repairs within 30 days. Keeping documented records of all written notices received, repair orders placed, and work completed helps demonstrate timely action and reduces exposure to tenant repair-and-deduct claims. Operators also typically confirm that any reported condition was not caused by the tenant before undertaking repairs at their own expense, since the statute limits the remedy when tenant conduct is the source of the problem.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 5307 of Title 25 of the Delaware Code gives tenants a repair-and-deduct remedy when a landlord fails to address maintenance or habitability problems after receiving written notice. To use this remedy, a tenant generally documents the problem, delivers written notice to the landlord, waits the applicable statutory period, and then hires a professional to perform the work — keeping all receipts to submit alongside the reduced rent payment. Tenants who believe this remedy applies to their situation may wish to consult a tenant-rights organization or legal aid provider familiar with Delaware housing law, and should be aware that the deduction is capped at the lesser of $400 or one-half of one month's rent under § 5307.
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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