Can a landlord retaliate against a tenant for complaining in Delaware?
No. In Delaware, a landlord may not pursue an eviction, demand a rent increase or cut services after a tenant makes a good-faith code complaint, a government agency files a violation, the tenant organizes or leads a tenants’ organization, or the tenant pursues a legal remedy, and doing so within 90 days is presumed to be retaliation. A tenant who proves retaliation may recover three months’ rent or three times their damages, whichever is greater. Separately, the federal Fair Housing Act makes it unlawful to threaten or interfere with anyone for exercising fair housing rights. This is 25 Del. C. § 5516.
| What | Delaware |
|---|---|
| Retaliation by a landlord | Prohibited by statute |
| Time period in the statute | Presumed within 90 days |
| How the period works | Retaliation is presumed if the landlord acts within it |
Source
25 Del. C. § 5516
Read the statute in the Delaware Code (Delaware General Assembly): delcode.delaware.gov.
Checked against the statute on October 23, 2026.
This is a summary of a published statute, not legal advice. Rules change, local ordinances can add to them, and the terms of a specific lease may differ. Check the citation and speak to a lawyer before acting.
How Seayora uses this rule
When an owner prepares an eviction in Seayora, it lists any repair request opened on the unit in the last 180 days that is still open, not to stop the case but because the tenant will raise retaliation and the owner should have an answer. Every repair request keeps the date it was filed.
Guides on this rule
- Landlord Retaliation Laws: Protected Tenant Acts and Time Limits — When an eviction, rent increase or cut in services is presumed retaliatory: 180 days in California, six months in Texas, a year in New York.
Compare this rule in every state
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The same question in other states
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