31 Del. C. ch. 41 § 4112
Premises conditions
Operative Text
(a) Responsibility of owner. — The owner of buildings and premises shall maintain such buildings and premises in compliance with these requirements. A person shall not occupy as owner-occupant or let to another for occupancy or use premises which do not comply with the following requirements of this section. (b) Vacant structures and land. — All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause blight or adversely affect the public health or safety. (c) Sanitation. — All premises shall be maintained in a clean, safe and sanitary condition free from any accumulation of rubbish or garbage. (d) Containers. — Garbage, vegetable wastes or other putrescible materials shall be stored in leakproof containers, provided with close-fitting covers, for the storage of such materials until removed from the premises for disposal. (e) Grading and drainage. — All premises shall be graded and maintained so as to prevent the accumulation of stagnant water thereon, or within any structure located thereon. (f) Insect and rat control. — All premises shall remain free of insects, rats, vermin or other pests in all exterior areas of the premises. An owner shall be responsible for extermination, except that the occupant shall be responsible for such extermination in the exterior areas of the premises of a single-family dwelling. Extermination in the shared or public parts of the premises of other than a single-family dwelling shall be the responsibility of the owner. (g) Noxious weeds. — All premises in predominately residential areas shall be kept free from weeds or plant growth which are noxious or detrimental to the public health and welfare and shall be trimmed to a height of not more than 12 inches. (h) Exhaust vents. — Except as to previously existing and operating exhaust systems, no person shall construct, maintain or operate pipes, ducts, conductors, fans or blowers discharging gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes so as to discharge directly upon abutting or adjacent public or private property or property of another tenant. (i) Accessory structures. — All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in compliance with §§ 4113 and 4114 of this title. (j) Motor vehicles. — All premises, except as provided in other regulations, shall not contain any unregistered or uninspected or junk vehicle that poses a threat to the health, safety and general welfare of the occupants or other persons. Not more than 2 currently unregistered or uninspected vehicles, owned by the occupants, that do not pose a threat to the occupants or other persons’ health and safety shall be parked in a predominantly residential area. Said vehicles shall not be in a state of disassembly or disrepair.
Section 4112 of Title 31 of the Delaware Code establishes a broad set of physical maintenance standards that apply to buildings, structures, and the land they sit on. Owners are responsible for keeping premises clean, sanitary, structurally sound, and free from hazards such as standing water, pests, noxious weeds, and improperly stored waste. The provision also addresses specific concerns like exhaust venting, accessory structures, and the presence of unregistered or junk vehicles on residential properties.
Plain English — not legal advice.
Under 31 Del. C. § 4112, compliant property owners generally ensure that all buildings and grounds are kept clean, sanitary, and structurally sound at all times—including vacant structures and land. Owners typically maintain pest-free exterior areas (except for single-family dwellings where the occupant bears that exterior responsibility), store putrescible waste in sealed, leakproof containers, and keep weeds trimmed to no more than 12 inches in predominantly residential areas. Operators also take care that exhaust systems do not discharge onto neighboring properties and that no more than two unregistered vehicles—none in disassembly or disrepair—are present on the premises.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 4112 of Title 31 of the Delaware Code gives tenants a basis to expect that their rental premises will be maintained in a clean, safe, sanitary, and structurally sound condition by the owner. If conditions such as pest infestations, standing water, improper waste storage, or structural deficiencies exist, tenants may have grounds to raise a violation of this provision when pursuing remedies through local code enforcement agencies or housing authorities. Tenants experiencing such conditions may also consider consulting a tenant-rights organization or legal aid service to understand the range of options available to them.
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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