31 Del. C. ch. 41 § 4120
Responsibilities of owners and occupants
Operative Text
(a) Cleanliness. — Every occupant of a structure or part thereof shall keep that part of the structure or premises thereof which that occupant occupies, controls or uses in a clean and sanitary condition. Every owner of a dwelling containing 2 or more dwelling units shall maintain, in a clean and sanitary condition, the shared or public areas of the dwelling and premises thereof. (b) Disposal of rubbish. — Every occupant of a structure or part thereof shall dispose of all rubbish in a clean and sanitary manner by placing it in rubbish containers equipped with tight fitting covers as required by this chapter. (c) Disposal of garbage. — Every occupant of a structure or part thereof shall dispose of garbage in a clean and sanitary manner, securely wrapping such garbage and placing it in tight garbage storage containers as required by this chapter, or by such other disposal method as may be required by applicable laws or ordinances. (d) Rubbish storage facilities. — Every dwelling unit shall be supplied with approved containers and covers for storage of rubbish, and the owner, operator or agent in control of such dwelling shall be responsible for the removal of such rubbish. (e) Food preparation. — All spaces used or intended to be used for food preparation shall contain suitable space and equipment to store, prepare and serve foods in a sanitary manner. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage when necessary. (f) Fixtures and equipment — Supplied by owner. — The owner or occupant of a structure or part thereof shall keep the supplied equipment and fixtures therein clean and sanitary and shall be responsible for the exercise of reasonable care in their proper use and operation. (g) Fixtures and equipment — Furnished by occupant. — The equipment and fixtures furnished by the occupant of a structure shall be properly installed and shall be maintained in good working condition, kept clean and sanitary and free of defects, leaks or obstructions.
Section 4120 of Title 31 of the Delaware Code establishes a shared framework of cleanliness and maintenance responsibilities between property owners and the people who occupy their buildings. Occupants are generally responsible for keeping the portions of a property they use or control clean and sanitary, properly disposing of rubbish and garbage in covered containers, and maintaining any fixtures or equipment they themselves supply. Owners, for their part, are responsible for maintaining shared or common areas in multi-unit dwellings, supplying approved rubbish containers, and ensuring that owner-supplied equipment and fixtures are kept in sanitary working order.
Plain English — not legal advice.
Under 31 Del. C. ch. 41 § 4120, owners of dwellings with two or more units are responsible for keeping shared and public areas clean and sanitary, not just individual units. Compliant operators typically supply approved rubbish containers with tight-fitting covers and arrange for regular rubbish removal, as the statute places that removal responsibility on the owner, operator, or agent in control. Owner-supplied fixtures and equipment throughout the property are also the owner's responsibility to keep clean, sanitary, and in proper working order.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 4120 of Title 31 of the Delaware Code makes clear that occupants carry direct responsibility for the cleanliness of the areas they occupy, control, or use, as well as for the proper disposal of rubbish and garbage in the manner the chapter requires. Tenants who supply their own fixtures or equipment are responsible for ensuring those items are properly installed, maintained in good working condition, and kept clean and free of defects or leaks. If conditions in shared areas or with owner-supplied equipment fall short of these standards, tenants may consider documenting the issues, raising them in writing with the property owner, or contacting a local tenant-rights organization or Delaware housing authority to understand available complaint or enforcement options.
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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