Can a tenant repair and deduct from rent in Delaware?
Yes, within limits. In Delaware, if a landlord does not make a required repair within 30 days after the tenant’s written notice, or does not begin reasonable corrective steps within 10 days, the tenant may have the work done professionally and deduct up to $400 or half a month’s rent, whichever is less, after giving the landlord receipts. A tenant who is behind on rent cannot use this remedy, and the tenant is liable for damage caused while making the repair. Each step has to be followed as the statute sets it out, including the written notice and the waiting period, or the deduction can be treated as unpaid rent. This is 25 Del. C. § 5307.
| What | Delaware |
|---|---|
| Repair and deduct | Allowed by statute, within a cap |
| Limit | Up to $400 or half a month’s rent, whichever is less |
Source
25 Del. C. § 5307
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
Every deadline on this page runs from the tenant’s notice. A repair request filed in Seayora keeps the date it was made and every update after it, on the website and both phone apps, so owner and tenant are working from the same date.
Guides on this rule
- How Long Does a Landlord Have to Make Repairs? Deadlines by State — Repair deadlines after a tenant’s notice in Washington, Texas, Arizona, Oregon, California and Florida, and what a tenant may do if the landlord misses one.
Compare this rule in every state
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