25 Del. C. ch. 70 § 7005
Enforcement
Operative Text
(a) It is the duty and obligation of the Consumer Protection Unit, or its successor, of the Department of Justice to enforce the provisions of subchapters I through V of this chapter. A violation of any provision of subchapters I through V of this chapter by a landlord is within the scope of enforcement duties and powers of the Consumer Protection Unit, or its successor, of the Department of Justice. (b) Whenever the Consumer Protection Unit, or its successor, of the Department of Justice has reasonable cause to believe that any landlord is engaged in a pattern or practice of violating or failing to comply with the terms of any provision of a rental agreement covered by this chapter, the Attorney General may commence a civil action in any court of competent jurisdiction and seek such relief as the Department of Justice deems necessary to enforce and to ensure the compliance with the terms of such agreement. (c) A pattern or practice of violations by a landlord of any provision of subchapters I through V of this chapter or a pattern or practice of violations by a landlord of a provision of a rental agreement required by this chapter shall be deemed an unlawful practice under § 2513 of Title 6 and a violation of subchapter II of Chapter 25 of Title 6 if all of the following are true: (1) The violation was not the direct result of a condition caused by the want of due care by the tenant, a member of the family, or any other person on the premises with the tenant’s consent. (2) The landlord had actual notice of the condition that caused the violation. (3) The landlord failed to correct the conditions causing the violation in a timely manner. (4) The condition that caused the violation created a risk to health or safety of the tenants or occupants or created a risk to the property of tenants or occupants.
Under 25 Del. C. ch. 70 § 7005, the Consumer Protection Unit of the Delaware Department of Justice is responsible for enforcing the residential landlord-tenant rules set out in subchapters I through V of Chapter 70. When that unit has reasonable cause to believe a landlord is engaged in a pattern or practice of violations, the Attorney General may bring a civil action in court to compel compliance. If specific conditions are met—including that the landlord had actual notice of a problem, failed to fix it in a timely way, and the problem posed a health, safety, or property risk not caused by the tenant—that pattern of violations can be treated as an unlawful trade practice under Delaware consumer protection law.
Plain English — not legal advice.
Under 25 Del. C. ch. 70 § 7005, operators who receive notice of a condition that violates Chapter 70 or a rental agreement covered by it are generally expected to address that condition promptly. Repeated failures to act after receiving actual notice—particularly where health, safety, or property is at risk—can elevate individual violations into a pattern or practice that triggers Attorney General enforcement and potential classification as an unlawful trade practice. Compliant operators typically document notices received, track remediation timelines, and maintain records showing that corrective action was taken in a timely manner.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 7005 of Title 25 gives tenants a meaningful enforcement backstop: the Consumer Protection Unit of the Delaware Department of Justice can investigate and, through the Attorney General, pursue civil action against landlords engaged in a pattern or practice of violations. If a landlord had actual notice of a hazardous or non-compliant condition, failed to correct it in a timely way, and the problem was not caused by the tenant, those repeated failures may also constitute an unlawful trade practice under Delaware consumer protection statutes. Tenants who believe they are experiencing such a pattern may consider contacting the Consumer Protection Unit, consulting a tenant-rights organization, or seeking independent legal guidance to understand which enforcement paths may be available.
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.
Effective Timeline
References In
Rules and statutes that cite this regulation