25 Del. C. ch. 59 § 5901
Petition for receivership; grounds, notice and jurisdiction
Operative Text
Any tenant or group of tenants may petition for the establishment of a receivership in a Justice of the Peace Court upon the grounds that there has existed for 5 days or more after notice to the landlord: (1) If the rental agreement, or any state or local statute, code, regulation or ordinance, places a duty upon the landlord to so provide, a lack of heat, or of running water, or of light, or of electricity, or of adequate sewage facilities; (2) Any other conditions imminently dangerous to the life, health or safety of the tenant.
Under 25 Del. C. ch. 59 § 5901, Delaware law allows tenants—individually or as a group—to ask a Justice of the Peace Court to appoint a receiver to manage a rental property when serious habitability problems have persisted for at least five days after the landlord has been notified. The qualifying conditions include the absence of heat, running water, light, electricity, or adequate sewage facilities (where the landlord is obligated to provide them under the lease or applicable law), as well as any other condition that poses an imminent danger to life, health, or safety. A receivership is a court-supervised remedy in which a neutral third party takes over management of the property to address the deficiencies.
Plain English — not legal advice.
Under 25 Del. C. ch. 59 § 5901, landlords who receive written or documented notice of a serious habitability deficiency—such as a loss of heat, water, electricity, or sewage service, or any imminently dangerous condition—face potential court-ordered receivership if the problem remains unresolved for five or more days. Operators who maintain documented maintenance protocols, respond promptly to habitability complaints, and keep records of repair timelines are generally in a stronger position to demonstrate compliance. Proactive communication with tenants about repair schedules and third-party contractors can help show good-faith efforts to resolve conditions before they escalate to a court petition.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 5901 of Title 25 of the Delaware Code gives tenants the right to petition a Justice of the Peace Court for a receivership when a landlord has failed to correct a serious habitability problem—such as no heat, water, electricity, or sewage, or any imminently dangerous condition—for at least five days after being notified. Tenants may file this petition individually or as a group, making it a remedy available even when multiple households in the same building are affected. Those considering this option may find it helpful to consult a tenant-rights organization or legal aid provider familiar with Delaware housing law to understand the full range of available remedies under § 5901.
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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