Renting a home · Updated Oct 2026 · Delaware
Mold in a rental in Delaware: what to do
Mold grows where there is moisture, so the real fix is stopping the leak or dampness. There are no EPA or other federal limits for mold, and EPA says testing is usually not needed if you can see it. In most states the landlord must keep the home fit to live in and make repairs after notice, which can include leaks and mold; tell the landlord in writing, document it, and call local code enforcement or the health department if nothing is done.
This plan is general legal information, not legal advice. RobinClaim is not a law firm. Laws and deadlines change and have exceptions: check with the official source or a lawyer or legal aid office about your own case.
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Your plan for Delaware
Do now
Take dated photos of the mold and any leak or water stain.
Why: Shows the size and the cause.
Tell the landlord in writing and ask them to fix the source of moisture and clean or remove the mold.
Why: In nearly every state, the steps to force repairs start with written notice (see your state page).
If you answered “Yes” to “Is anyone having health problems (breathing trouble, asthma, allergies)?”
If anyone has symptoms, see a doctor and mention the mold.
Why: Health comes first, and medical notes are evidence.
Reduce moisture where you can: run bathroom fans, wipe condensation, report any leak right away.
Why: EPA's main advice is to control moisture.
Nothing extra here for your answers.
This week
If you answered “Small (less than about 3 ft by 3 ft)” to “How big is the moldy area?”
For a small area, EPA's cleanup guide explains how to clean it safely; don't paint or caulk over mold.
Why: Small patches can often be cleaned if the moisture is fixed.
If you answered “Larger, or after a flood or big leak” to “How big is the moldy area?”
For larger areas or water damage, ask the landlord for professional cleanup.
Why: EPA advises professional help for more than about 10 square feet.
If the landlord doesn't act, call your city or county code enforcement or health department and ask for an inspection.
Why: An official report can lead to an order to repair.
Check your state's repair rules (repair-and-deduct, withholding) on tenantrightsmap.com before holding back rent.
Why: Holding back rent without following state rules can lead to eviction.
Nothing extra here for your answers.
If it's not resolved
If the landlord still doesn't fix it, you may be able to use your state's repair remedies, end the lease, or sue for damaged belongings or health costs.
Why: Remedies depend on your state.
If the landlord retaliates after you complain, see the retaliation situation.
Why: Most states protect tenants who complain to inspectors or ask for repairs; your state page says what is protected.
Nothing extra here for your answers.
Deadlines
Landlord's time to repair after notice
General rule: see state
In Delaware:
- Landlord's duty
- The landlord must follow all housing and building codes, provide a unit that does not endanger your health or safety, keep common areas clean, make all repairs needed to keep the unit in the condition it was (or should have been) at move-in, keep electrical and plumbing working, and provide a lead-safe unit. Heat, water, hot water, electricity and trash are required if the lease says the landlord supplies them. 25 Del. C. § 5305.
- How to ask
- Give written notice to the landlord and keep a copy. For essential services, the landlord has 48 hours. For other repairs, 10 days to start and 30 days to finish before repair-and-deduct. For a condition that seriously reduces the value of your lease, you can end the lease if not fixed within 15 days of written notice (§ 5306).
Law: 25 Del. C. §§ 5305-5308 · checked Oct 2026 · From Tenant Rights Map: Delaware
Key facts for Delaware
Tenant Rights Map
- Deadline to return a deposit
- 20 days
- Security deposit limit
- 1 month's rent (with exceptions)
- Notice before an eviction case for unpaid rent
- 7 days
- Notice before the landlord enters
- 48 hours
Tenant Rights Map: Delaware · checked Oct 2026
Documents to gather
- Dated photos of mold and leaks
- Written notices to the landlord and replies
- Inspection report
- Doctor notes and bills
- Receipts for damaged items or cleaning
Letters you can send
Fill in the blanks; the letter updates as you type. Copy it, print it or save it as a text file. Nothing you type is sent or saved: it stays on this page until you close it.
Written notice of mold and moisture problem
Ask the landlord to fix the moisture source and remove the mold.
Dear [Landlord name], There is mold at [Rental address] in [Location of mold]. I first noticed it on [First noticed date]. [Cause (if you know it)] Please fix the source of moisture and clean or remove the mold by [Repair by date]. Photos are attached. Please contact me to arrange access. Thank you, [Your name]
Where to go
- LocalCity or county code enforcement / local or state health department
The landlord doesn't fix the leak or mold after written notice
- FederalEPA mold guidance
To learn safe cleanup and when to get professional help
- FederalLegal Services Corporation: find free legal aid
You have a low income and want free advice or a lawyer
- StateLawHelp.org: free legal help by state
To find your state's legal aid and tenant guides
Costs
Writing to the landlord and calling an inspector are free. EPA says mold testing is usually unnecessary when mold is visible, so you often don't need to pay for a test.
Talk to a lawyer if
- Someone in the home has serious health problems from the mold
- The landlord says you must pay for remediation
- You lost a lot of belongings
- The landlord threatens eviction after you complain
Free help
Free legal aid for renters with low income: find your local office through the Legal Services Corporation (lsc.gov/about-lsc/what-legal-aid/i-need-legal-help) or LawHelp.org (lawhelp.org/find-help). Your state page on tenantrightsmap.com lists state tenant help. For help paying rent or utilities, call 211 or visit 211.org. HUD's state pages (hud.gov/states) list local tenant resources.
Guides for your state
Guides for every state
Questions
What is the landlord's time to repair after notice in Delaware?
Landlord's duty: The landlord must follow all housing and building codes, provide a unit that does not endanger your health or safety, keep common areas clean, make all repairs needed to keep the unit in the condition it was (or should have been) at move-in, keep electrical and plumbing working, and provide a lead-safe unit. Heat, water, hot water, electricity and trash are required if the lease says the landlord supplies them. 25 Del. C. § 5305. How to ask: Give written notice to the landlord and keep a copy. For essential services, the landlord has 48 hours. For other repairs, 10 days to start and 30 days to finish before repair-and-deduct. For a condition that seriously reduces the value of your lease, you can end the lease if not fixed within 15 days of written notice (§ 5306). (25 Del. C. §§ 5305-5308)
When should I talk to a lawyer?
Someone in the home has serious health problems from the mold; The landlord says you must pay for remediation; You lost a lot of belongings; The landlord threatens eviction after you complain.
How much does it cost?
Writing to the landlord and calling an inspector are free. EPA says mold testing is usually unnecessary when mold is visible, so you often don't need to pay for a test.
Plans by state
Open the plan with one state's rules filled in:
Sources
- EPA: Mold
- EPA: A Brief Guide to Mold, Moisture and Your Home
- EPA: Mold cleanup in your home
- Legal Services Corporation: find free legal aid
- LawHelp.org: find free legal help by state
Plan checked Oct 2026. Independently fact-checked 2026-10-24. Some details could not be fully verified; see the notes in each section.
This plan is general legal information, not legal advice. RobinClaim is not a law firm. Laws and deadlines change and have exceptions: check with the official source or a lawyer or legal aid office about your own case. How we research.