6 Del. C. ch. 46 § 4615
Fees, costs and expenses for respondent or defendant
Operative Text
In any action, pleading or motion under this chapter, the Administrative Hearing Office, Panel or court hearing or reviewing the matter, may in its discretion, award attorneys’ fees, costs and expenses to the respondent or defendant if an action was brought for an improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation.
Under 6 Del. C. ch. 46 § 4615, a decision-maker—whether an Administrative Hearing Office, Panel, or court—has the discretion to award attorneys' fees, costs, and expenses to the party defending against a claim if the claim was brought for an improper purpose. Improper purposes include harassment, causing unnecessary delay, or needlessly driving up litigation costs. This provision creates a potential financial consequence for parties who initiate proceedings in bad faith rather than for legitimate reasons.
Plain English — not legal advice.
Section 4615 of Delaware's residential landlord-tenant law provides a procedural protection that can benefit property owners and managers who are named as respondents or defendants in bad-faith proceedings. Operators who face complaints or actions that appear designed to harass or delay rather than resolve a genuine dispute may have grounds to seek an award of attorneys' fees and related costs. Documenting the nature and timeline of any proceeding can be relevant to demonstrating that a claim lacked a proper purpose.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 6 Del. C. ch. 46 § 4615, tenants who bring legitimate complaints or legal actions under Delaware's landlord-tenant chapter are not affected by this provision, which is directed at claims filed for improper purposes such as harassment or needless delay. Tenants should be aware that this rule applies symmetrically—it is available to any defending party, including landlords, when a claim is deemed improperly motivated. Tenants with genuine housing concerns can explore filing complaints with appropriate agencies or consulting a tenant-rights organization to understand how to present a well-founded claim.
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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