25 Del. C. ch. 55 § 5516
Retaliatory acts prohibited
Operative Text
(a) Retaliatory acts are prohibited. (b) A retaliatory act is an attempt on the part of the landlord to: pursue an action for summary possession or otherwise cause the tenant to quit the rental unit involuntarily; demand an increase in rent from the tenant; or decrease services to which the tenant is entitled after: (1) The tenant has complained in good faith of a condition in or affecting the rental unit which constitutes a violation of a building, housing, sanitary or other code or ordinance to the landlord or to an authority charged with the enforcement of such code or ordinance; or (2) A state or local government authority has filed a notice or complaint of such violation of a building, housing, sanitary or other code or ordinance; or (3) The tenant has organized or is an officer of a tenant’s organization; or (4) The tenant has pursued or is pursuing any legal right or remedy arising from the tenancy. (c) If the tenant proves that the landlord has instituted any of the actions set forth in subsection (b) of this section within 90 days of any complaints or act as enumerated above, such conduct shall be presumed to be a retaliatory act. (d) It shall be a defense to a claim that the landlord has committed a retaliatory act if: (1) The landlord has given appropriate notice under a section of this part which allows a landlord to terminate early; (2) The landlord seeks in good faith to recover possession of the rental unit for immediate use as landlord’s own residence; (3) The landlord seeks in good faith to recover possession of the rental unit for the purpose of substantially altering, remodeling or demolishing the premises; (4) The landlord seeks in good faith to recover possession of the rental unit for the purpose of immediately terminating, for at least 6 months, use of the premises as a rental unit; (5) The complaint or request of the landlord relates to a condition or conditions caused by the lack of ordinary care by the tenant or other person in the household, or on the premises with the tenant’s consent; (6) The rental was, on the date of filing of tenant’s complaint or request or on the date of appropriate notice prior to the end of the rental term, in full compliance with all codes, statutes and ordinances; (7) The landlord has in good faith contracted to sell the property and the contract of sale contains a representation by the purchaser conforming to paragraph (d)(2), (3) or (4) of this section; (8) The landlord is seeking to recover possession of the rental unit on the basis of a notice to terminate a periodic tenancy, which notice was given to the tenant prior to the complaint or request; (9) The condition complained of was impossible to remedy prior to the end of the cure period; (10) The landlord has become liable for a substantial increase in property taxes or a substantial increase in other maintenance or operating costs not associated with the landlord complying with the complaint or request, and such liability occurred not less than 4 months prior to the demand for the increase in rent, and the increase in rent does not exceed the pro-rata portion of the net increase in taxes or cost; (11) The landlord has completed a substantial capital improvement of the rental unit or the property of which it is a part, not less than 4 months prior to the demand for increased rent, and such increase in rent does not exceed the amount which may be claimed for federal income tax purposes as a straight-line depreciation of the improvement, pro-rated among the rental units benefited by the improvement; or (12) The landlord can establish, by competent evidence, that the rent now demanded of the tenant does not exceed the rent charged other tenants of similar rental units in the same complex, or the landlord can establish that the increase in rent is not directed at the particular tenant as a result of any retaliatory acts. (e) Any tenant from whom possession of the rental unit has been sought, or who the landlord has otherwise attempted to involuntarily dispossess, in violation of this section, shall be entitled to recover 3 months’ rent or treble the damages sustained by tenant, whichever is greater, together with the cost of the suit but excluding attorneys’ fees.
Under 25 Del. C. ch. 55 § 5516, Delaware law prohibits landlords from taking adverse actions — such as pursuing eviction, raising rent, or cutting services — against a tenant in response to protected activities like reporting housing code violations, organizing with other tenants, or exercising legal rights. If a landlord takes one of these adverse actions within 90 days of a tenant's protected activity, the law presumes the action was retaliatory. The provision also lists specific circumstances — such as a genuine need to reclaim the unit for personal use or documented cost increases — that a landlord may raise as a defense to a retaliation claim. A tenant who successfully proves unlawful retaliation may recover three months' rent or triple their actual damages, whichever is greater, plus court costs.
Plain English — not legal advice.
Property owners and managers operating under 25 Del. C. ch. 55 § 5516 generally maintain clear, contemporaneous documentation for any rent increases, service changes, or possession actions — particularly when those actions occur near the time a tenant has filed a complaint or exercised a legal right. Compliant operators typically ensure that decisions about rent adjustments or lease terminations are grounded in documented, legitimate business reasons such as verified cost increases, capital improvements, or bona fide plans to sell or occupy the unit. Because the statute creates a 90-day presumption of retaliation, operators commonly review the timing of any adverse action relative to recent tenant complaints before proceeding, and retain records that support any applicable statutory defense.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 5516 of Title 25 of the Delaware Code gives tenants a legal shield against landlords who respond to protected activities — like reporting code violations, joining a tenant organization, or asserting legal rights — with eviction attempts, rent hikes, or service reductions. If any of those adverse actions happen within 90 days of a protected act, the law automatically presumes retaliation, which can be raised as a defense in an eviction proceeding or as the basis for a separate claim. Tenants who believe they are experiencing retaliation may consider documenting the timeline of events, contacting a local tenant-rights organization, or consulting with a legal aid provider to understand the remedies available under this provision, which can include three months' rent or treble damages.
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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