25 Del. C. ch. 55 § 5503
Tenant obligations relating to rental unit; waste
Operative Text
A tenant shall: (1) Comply with all obligations imposed upon tenants by applicable provisions of all municipal, county and state codes, regulations, ordinances and statutes; (2) Keep that part of the premises which the tenant occupies and uses as clean and safe as the conditions of the premises permit; (3) Dispose from the rental unit all ashes, rubbish, garbage and other organic or flammable waste, in a clean and safe manner; (4) Keep all plumbing fixtures used by the tenant as clean and safe as their condition permits; (5) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating and other facilities and appliances in the premises; (6) Not wilfully or wantonly destroy, deface, damage, repair or remove any part of the structure or rental unit or the facilities, equipment or appurtenances thereto, nor permit any person on the premises with the tenant’s permission to do any such thing; (7) Not remove or tamper with a properly functioning smoke detector installed by the landlord, including removing any working batteries, so as to render the smoke detector inoperative; (8) Not remove or tamper with a properly functioning carbon monoxide detector installed by the landlord, including removing any working batteries, so as to render the carbon monoxide detector inoperative; and (9) Comply with all covenants, rules, requirements and the like which are in accordance with §§ 5511 and 5512 of this title; and which the landlord can demonstrate are reasonably necessary for the preservation of the property and persons of the landlord, other tenants or any other person.
Under 25 Del. C. ch. 55 § 5503, tenants in Delaware are required to maintain their rental unit in a clean and safe condition, properly dispose of waste, use appliances and fixtures reasonably, and follow applicable housing codes and landlord rules. The provision also prohibits willful or wanton damage to the property and bars tampering with or disabling smoke detectors or carbon monoxide detectors installed by the landlord. These obligations apply both to the tenant directly and to any guests or other persons the tenant allows onto the premises.
Plain English — not legal advice.
Under 25 Del. C. ch. 55 § 5503, compliant landlords typically document the condition of the unit at move-in and move-out to establish a baseline for evaluating whether tenant obligations have been met. Operators who install smoke and carbon monoxide detectors should keep records of installation and functionality, since the provision specifically addresses tampering with those devices. When establishing property rules under subsections (1) and (9), landlords generally ensure those rules align with §§ 5511 and 5512 and can be shown to be reasonably necessary for the preservation of the property or the safety of other residents.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 5503 of Title 25 of the Delaware Code sets out the baseline obligations tenants carry during a tenancy, including keeping the unit clean, disposing of waste properly, and not damaging the property or disabling safety devices like smoke or carbon monoxide detectors. Tenants who believe a landlord is improperly citing this provision—for example, to justify a wrongful deduction from a security deposit—may have grounds to raise the specific circumstances as a defense in a dispute proceeding. Tenant-rights organizations in Delaware can help renters understand how § 5503 interacts with other protections in the Delaware Residential Landlord-Tenant Code.
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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