31 Del. C. ch. 41 § 4129
Placarding
Operative Text
(a) Placarding of structure. — After the condemnation notice required under this chapter has resulted in an order by virtue of failure to comply within the time given, the code official may post on the premises or structure or parts thereof, or on defective equipment, a placard bearing the words “Condemned as unfit for human occupancy or use,” and a statement of the penalties provided for any occupancy or use or for removing the placard. The owner or the person or persons responsible for the correction of violations and all other occupants shall remove themselves from the property on failure to comply with the correction order in the time specified. (b) Use following placarding prohibited. — Any person who shall occupy a placarded premises or structure or part thereof, or shall use placarded equipment, and any owner or any person responsible for the premises who shall let anyone occupy a placarded premises shall be subject to the penalties set forth in § 4131(b) of this title. (c) Removal of placard. — The code official shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. Any person who defaces or removes a condemnation placard without the approval of the code official shall be subject to the penalties provided by this chapter.
Under 31 Del. C. ch. 41 § 4129, when a property owner fails to correct code violations within the time allowed after a condemnation notice, a code official is authorized to post a "Condemned as unfit for human occupancy or use" placard on the structure or affected equipment. Once placarded, the property may not be occupied or used by anyone, and the owner may not allow anyone to move in or remain. The placard must stay in place until the code official confirms that the underlying defects have been corrected, and removing or defacing it without official approval carries its own penalties.
Plain English — not legal advice.
Property owners and managers operating under 31 Del. C. ch. 41 § 4129 generally respond promptly to condemnation notices and complete required repairs within the stated deadline to prevent a condemnation placard from being posted. Once a placard is in place, compliant operators do not allow any occupancy or use of the affected premises or equipment, and they do not collect rent or enter into new rental arrangements for the condemned space. Operators typically work directly with the code official to document that all cited defects have been remedied, since only the code official has authority to remove the placard.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 31 Del. C. ch. 41 § 4129, tenants have a right to know when a property has been officially condemned — the placard itself must state the applicable penalties, providing notice of the property's legal status. Occupying or continuing to use a placarded structure exposes occupants to the penalties referenced in § 4131(b), so tenants who discover a condemnation placard may wish to understand their options, which can include contacting a local tenant-rights organization or a housing authority for guidance on relocation resources. Tenants should also be aware that the placard cannot lawfully be removed by anyone other than the code official, and that a landlord who attempts to re-rent or maintain occupancy of a condemned space may be in violation of this provision.
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