25 Del. C. ch. 70 § 7063

Defenses

In Force
Verified 10/21/2026 · Next check 10/28/2026
effective 10/21/2026DelawareHabitability & Repair

Operative Text

25 Del. C. ch. 70 § 7063
It shall be a sufficient defense to this proceeding if any defendant of record establishes any of the following:

(1) The condition or conditions described in the petition do not exist at the time of trial.

(2) The condition or conditions alleged in the petition have been caused by the wilful or grossly negligent acts of 1 or more of the petitioning tenants or members of a petitioning tenant’s family or by persons on the premises with the consent of a petitioning tenant.

(3) Such condition or conditions would have been corrected, were it not for the refusal by any petitioner to allow reasonable access.
Source: Legislative text reproduced verbatim
Plain English

Under 25 Del. C. ch. 70 § 7063, a landlord facing a tenant-initiated housing-condition proceeding may defeat the claim by demonstrating one of three things: that the complained-of condition no longer existed at the time of trial, that the condition was caused by the willful or grossly negligent conduct of the tenant or someone the tenant allowed on the premises, or that the landlord would have fixed the condition but was denied reasonable access to do so. These are affirmative defenses available to any defendant of record in such a proceeding. Establishing any single one of these defenses is sufficient to prevail against the petition.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 22, 2026

Plain English — not legal advice.

For Property Managers

Property owners and managers responding to a housing-condition petition under 25 Del. C. ch. 70 § 7063 generally document the current state of the unit, any repair history, and any access requests or denials. Operators who remediate a cited condition before trial, or who can show that a tenant's own conduct caused the problem, or that access was unreasonably withheld, may have grounds to assert one of the statutory defenses. Maintaining written records of inspection requests, repair timelines, and communications with tenants supports a landlord's ability to present these defenses clearly in a proceeding.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Section 7063 of 25 Del. C. ch. 70 sets out defenses a landlord may raise against a housing-condition petition, so tenants should be aware that a petition can be defeated if the condition is remediated before trial, if the landlord can show the tenant caused the problem, or if the landlord was denied reasonable access to make repairs. Tenants who have filed or are considering filing a petition may benefit from keeping records of the condition's persistence, any communications about access, and the source of the problem. Tenant-rights organizations and legal aid offices can help tenants understand how these defenses might apply in a particular proceeding and what documentation is generally useful to have.

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

Current
Oct 21, 2026
Click on timeline segments to view historical versions.

References Out

No outbound references recorded yet for this provision.

References In

Rules and statutes that cite this regulation

25 Del. C. ch. 70
25 Del. C. § 7013
25 Del. C. § 7003
25 Del. C. § 7020
25 Del. C. § 7018
25 Del. C. § 7007
25 Del. C. § 7015
25 Del. C. § 7013
25 Del. C. § 7024
25 Del. C. § 7007
25 Del. C. § 7014
25 Del. C. § 7020
25 Del. C. § 7009
25 Del. C. § 7021
25 Del. C. § 7016
25 Del. C. § 7008
25 Del. C. § 7013
25 Del. C. § 7022B
25 Del. C. § 7051
25 Del. C. § 7015
25 Del. C. § 7022
25 Del. C. § 7013
25 Del. C. § 7024
25 Del. C. § 7016
25 Del. C. § 7015
25 Del. C. § 7051A
25 Del. C. § 7052B
25 Del. C. § 7052A
25 Del. C. § 7051
25 Del. C. § 7053
25 Del. C. § 7066
25 Del. C. § 7061
25 Del. C. § 7065
25 Del. C. § 7014
25 Del. C. § 7032
25 Del. C. § 7036
25 Del. C. § 7030
25 Del. C. § 7027
25 Del. C. § 7030
25 Del. C. § 7033
25 Del. C. § 7033
25 Del. C. § 7029
25 Del. C. § 7030
25 Del. C. § 7033
25 Del. C. § 7015
25 Del. C. § 7033
25 Del. C. § 7026
25 Del. C. § 7042
25 Del. C. § 7053
25 Del. C. § 7046
25 Del. C. § 7024
25 Del. C. § 7016
25 Del. C. § 7015
25 Del. C. § 7024
25 Del. C. § 7044
25 Del. C. § 7042
25 Del. C. § 7042
25 Del. C. § 7052
25 Del. C. § 7043
25 Del. C. § 7051
25 Del. C. § 7052B
25 Del. C. § 7022
25 Del. C. § 7003

Related Rules

§ 244.260
Compliance required
§ 14.567
ADOPTED BY REFERENCE
§ 244.340
Sewer and water connections

Source Information

Snapshot SHA:
Fetched:Oct 21, 2026, 05:27 PM UTC