Intended to protect the public safety, health and welfare.
Cleanliness-Every occupant shall keep that part that they occupy, control or use in a clean and sanitary condition.
Rubbish/Garbage-Every occupant is responsible for proper storage and disposal of garbage in a clean and sanitary manner.
Supplied Fixtures-The owner or occupant of a structure shall keep the supplied equipment or fixtures therein clean and sanitary and shall be responsible for the reasonable care in their proper use and operation.
Furnished by Occupant-Equipment and fixtures furnished by the occupant of a structure shall be properly installed and maintained in good working condition, kept clean and sanitary and free from defects, leaks or obstructions.
Owner-is responsible for extermination of insects, rats, vermin or other pests prior to renting, leasing or selling and in all public or shared areas of the structure or premise in multiple occupancy units.
Tenant/Occupant-Shall be responsible for the continued rat proof condition and the extermination of insects, rats, or other pests in the structure or on the premises.
Unfit for Human Occupancy- Lacks maintenance, extreme disrepair, unsanitary, vermin or rat infested, filth and contamination, lack of ventilation, illumination, sanitary, heating or other essential equipment.
Unsafe Equipment-Boiler, heating equipment, electrical wiring or device, flammable liquid container or other equipment on premises in such disrepair as to be a hazard to life, health or property.
Unsafe Structure-All or part of structure dangerous to life, health, property due to damage by decay, dilapidation or unstable foundation.
Following a complaint which results in an inspection where a violation(s) is found and a corrective action plan issued, the owner has 20 days from receipt to correct violations. If not corrected, the premises may be posted as condemned and required to be vacated within 24 hours. The property cannot be reoccupied prior to corrections and removal of the placard by Code Official.
A Rental Unit Complaint form can be obtained from the Sussex County Constable’s office. Written complaints can be delivered or faxed to the Constable’s Office. If the written complaint supports elements of being unfit for human occupancy, unsafe equipment or unsafe structure (described in 71-26) an inspection will be scheduled. Attempts to notify the owner of the property will be made prior to inspection.
No person or entity being the owner, occupant or party responsible for the owner or possessor of improved or unimproved lands or premises that are not used for bona fide agricultural purposes shall permit grasses or weeds to grow more than 12 inches high upon such lands or premises.
No person, being the owner or possessor of improved or unimproved lands or premises that are not used for bona fide agricultural purposes shall permit refuse, rubbish, trash or other waste material to be placed or to accumulate upon such lands or premises.
Contact: County Constable (302) 855-7819
For issues questions involving the Delaware Landlord-Tenant Code, you should consult an attorney or the Delaware Attorney General’s Office, Consumer Protection Unit at (302) 577-3250.