Delaware Mold, Pests, Heat & AC Rules
Delaware rules on mold, pests, heat & ac for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: No statute — general habitability/repair duty applies. Delaware has no mold disclosure or remediation law for rentals. 25 Del. C. § 5305(a)(1)-(2), (4)
The rules in Delaware
| Mold | No statute — general habitability/repair duty applies. Delaware has no mold disclosure or remediation law for rentals. The landlord must comply with all state and local housing codes, provide a unit that does not endanger the health, welfare or safety of tenants, and make all repairs needed to keep the unit in the condition it was, or should have been, at the start of the tenancy. If the landlord materially fails to comply with codes affecting the premises, the tenant may use the remedies in §§ 5306-5307, including termination or repair and deduction from rent after written notice. A 2025 act (85 Del. Laws c. 98) added a lead-safe requirement to § 5305 with phased implementation. Re-verified 2026-10-27. Source: 25 Del. C. § 5305(a)(1)-(2), (4) |
|---|---|
| Pests & bed bugs | Delaware has a bed-bug statute. Before renting, the landlord must visually inspect the unit for evidence of bed bugs and disclose if adjacent units are infested or being treated. After a report of a known or suspected infestation, the landlord must inspect or get a pest management professional to inspect within 120 hours, start professional remediation within 14 days of notice if bed bugs are found, inspect adjacent units within 5 days, notify affected tenants of the findings, and keep written records. The landlord pays for investigation and remediation if the tenant reports within 60 days of move-in or within 30 days of an infestation being found in an adjoining unit; for later reports the tenant shares reasonable remediation costs for the tenant's unit (except in public housing authority properties). Tenants may not knowingly bring in infested belongings. Added by 83 Del. Laws c. 451. Entry for bed-bug inspection or treatment requires the notice in § 5509. Other pests fall under the general habitability duty in § 5305. Re-verified 2026-10-27. Source: 25 Del. C. § 5317 |
| Heat | Only if the rental agreement says so: the landlord must supply (or arrange) water, hot water, heat and electricity when the lease so specifies. If the landlord substantially fails to provide heat, the tenant may, on written notice, procure substitute housing with rent abating, or keep two-thirds of the per-diem rent while heat is not supplied, among other remedies. State law sets no minimum indoor temperature. Re-verified 2026-10-27. Source: 25 Del. C. §§ 5305(b)(2), 5308 |
| Air conditioning | No state requirement to provide air conditioning and no maximum indoor temperature. The landlord must keep any electrical, plumbing and other facilities it supplies in good working order. Re-verified 2026-10-27. Source: 25 Del. C. § 5305(a)(5) |
| Smoke and CO detectors | The owner of any residential occupancy, rented or owned, must install and maintain smoke detectors, but when a rental or lease is for one month or more, the tenant must keep an operable battery in the detectors in the unit. Rentals with a fossil-fuel heater or appliance, a fireplace or other source of combustion byproducts, or an attached garage must have carbon monoxide detectors installed by the owner, with the tenant keeping an operable battery in them for leases of one month or more. Owners or tenants who do not comply, or anyone who tampers with or disables a detector, face a civil fine of $100 to $500 per offense. |
Related questions
- Does a landlord have to fix mold?
- Who pays for pest control and bed bugs in a rental?
- Does a landlord have to provide heat?
- Does a landlord have to provide air conditioning?
Delaware vs. neighboring states
| State | Mold | Pests & bed bugs | Heat |
|---|---|---|---|
| Delaware | No statute — general habitability/repair duty applies. Delaware has no mold disclosure or remediation law for rentals. The landlord must comply with all state and local housing codes, provide a unit that does not endanger the health, welfare or safety of tenants, and make all repairs needed to keep the unit in the condition it was, or should have been, at the start of the tenancy. 25 Del. C. § 5305(a)(1)-(2), (4) | Delaware has a bed-bug statute. Before renting, the landlord must visually inspect the unit for evidence of bed bugs and disclose if adjacent units are infested or being treated. After a report of a known or suspected infestation, the landlord must inspect or get a pest management professional to inspect within 120 hours, start professional remediation within 14 days of notice if bed bugs are found, inspect adjacent units within 5 days, notify affected tenants of the findings, and keep written records. The landlord pays for investigation and remediation if the tenant reports within 60 days of move-in or within 30 days of an infestation being found in an adjoining unit; for later reports the tenant shares reasonable remediation costs for the tenant's unit (except in public housing authority properties). Tenants may not knowingly bring in infested belongings. 25 Del. C. § 5317 | Only if the rental agreement says so: the landlord must supply (or arrange) water, hot water, heat and electricity when the lease so specifies. If the landlord substantially fails to provide heat, the tenant may, on written notice, procure substitute housing with rent abating, or keep two-thirds of the per-diem rent while heat is not supplied, among other remedies. State law sets no minimum indoor temperature. 25 Del. C. §§ 5305(b)(2), 5308 |
| Maryland | Yes, by statute (Maryland Tenant Mold Protection Act, effective July 1, 2025). Landlords must give each tenant the state mold information pamphlet when the lease is signed and on request, and ask the tenant to sign an acknowledgment. Within 15 days after written notice of mold from the tenant, a building occupant or the local housing-code agency, the landlord must do a mold assessment. If mold is found, the landlord must remediate it within 45 days after the assessment, or within a reasonable time if 45 days isn't feasible. Assessment and remediation must follow industry guidelines and state and local law. The landlord must keep the property properly ventilated with low indoor humidity, communicate with occupants during the work, and meet minimum livability codes. Md. Code, Real Prop. § 8-220; Md. Code, Envir. § 6-1702 (2025 Md. Laws ch. 539, SB 856) | No bed-bug-specific statute. A rodent infestation in two or more units is a listed serious defect: if the landlord fails to fix it within a reasonable time after notice (over 30 days is presumed unreasonable), the tenant may use rent escrow. Other infestations that create a health hazard can also qualify. The state Minimum Livability Code, which adopts the International Property Maintenance Code, applies where no substantially similar local code exists. Md. Code, Real Prop. § 8-211(d)(3), (d)(5), (g); COMAR 09.12.54.03-.04 | Lack of heat is a listed serious defect: if the landlord doesn't fix it within a reasonable time after notice, the tenant can use rent escrow. This does not apply when the tenant pays the utility and the lack of heat is from the tenant's own nonpayment. No state statute sets a minimum temperature. The state Minimum Livability Code adopts the 2012 International Property Maintenance Code, which contains heating standards, for housing in localities without a substantially similar local code. Md. Code, Real Prop. § 8-211(d)(1); COMAR 09.12.54.03-.04 |
| New Jersey | No statute — the implied warranty of habitability and state/local housing maintenance codes apply. New Jersey has no enacted mold disclosure, testing, or remediation standard for rentals. Marini v. Ireland, 56 N.J. 130 (1970) (implied warranty of habitability); N.J.A.C. 5:10 (Regulations for Maintenance of Hotels and Multiple Dwellings) | In hotels and multiple dwellings (3+ units), the owner must eradicate insects, rats, or other pests when the infestation is in two or more units or in common areas, keep the building ratproof and free of infestation, and have qualified persons perform preventive pest procedures at least once a year (more often if infestation recurs). The state's Truth in Renting guide lists bed-bug information among the items a landlord should provide to tenants. N.J.A.C. 5:10-10.2 | Yes, for buildings of three or more units: from October 1 to May 15, every unit and habitable room must be kept at least 68°F from 6:00 a.m. to 11:00 p.m. and at least 65°F from 11:00 p.m. to 6:00 a.m. The owner must supply the fuel or energy and keep the heating system in good operating condition, regardless of lease terms, unless the tenant agrees in writing to heat a unit served by its own separately billed heating equipment. N.J.A.C. 5:10-14.3, 5:10-14.4 |
| Pennsylvania | No statute — Pennsylvania has no mold disclosure, remediation or exposure-standard law for rentals. Conditions such as mold are governed by the court-created implied warranty of habitability, which requires the landlord to keep the unit fit and habitable and to fix serious defects affecting safety or the ability to live there; the duty cannot be waived by the lease. Implied warranty of habitability (Pugh v. Holmes, 405 A.2d 897 (Pa. 1979)), as described in the PA Attorney General's Consumer Guide to Tenant and Landlord Rights | No statute — no state bed-bug or pest law for rentals. The Attorney General lists rodent infestation as an example of an uninhabitable condition under the implied warranty of habitability; the tenant must notify the landlord and allow a reasonable opportunity to fix it. Implied warranty of habitability (Pugh v. Holmes, 405 A.2d 897 (Pa. 1979)); PA AG Consumer Guide, Part IV.C | No state statute sets a heat requirement or minimum temperature for rentals. Lack of heat in winter is treated as an uninhabitable condition under the implied warranty of habitability. Implied warranty of habitability (Pugh v. Holmes, 405 A.2d 897 (Pa. 1979)); PA AG Consumer Guide, Part IV.C |
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Delaware Mold, Pests, Heat & AC Rules FAQ
Does a landlord have to fix mold in Delaware?
No statute — general habitability/repair duty applies. Delaware has no mold disclosure or remediation law for rentals. The landlord must comply with all state and local housing codes, provide a unit that does not endanger the health, welfare or safety of tenants, and make all repairs needed to keep the unit in the condition it was, or should have been, at the start of the tenancy. (25 Del. C. § 5305(a)(1)-(2), (4))
Who pays for pest control and bed bugs in Delaware?
Delaware has a bed-bug statute. Before renting, the landlord must visually inspect the unit for evidence of bed bugs and disclose if adjacent units are infested or being treated. After a report of a known or suspected infestation, the landlord must inspect or get a pest management professional to inspect within 120 hours, start professional remediation within 14 days of notice if bed bugs are found, inspect adjacent units within 5 days, notify affected tenants of the findings, and keep written records. The landlord pays for investigation and remediation if the tenant reports within 60 days of move-in or within 30 days of an infestation being found in an adjoining unit; for later reports the tenant shares reasonable remediation costs for the tenant's unit (except in public housing authority properties). Tenants may not knowingly bring in infested belongings. (25 Del. C. § 5317)
Does a landlord have to provide heat in Delaware?
Only if the rental agreement says so: the landlord must supply (or arrange) water, hot water, heat and electricity when the lease so specifies. If the landlord substantially fails to provide heat, the tenant may, on written notice, procure substitute housing with rent abating, or keep two-thirds of the per-diem rent while heat is not supplied, among other remedies. State law sets no minimum indoor temperature. (25 Del. C. §§ 5305(b)(2), 5308)
Does a landlord have to provide air conditioning in Delaware?
No state requirement to provide air conditioning and no maximum indoor temperature. The landlord must keep any electrical, plumbing and other facilities it supplies in good working order. (25 Del. C. § 5305(a)(5))
Who is responsible for smoke detectors in a rental in Delaware?
The owner of any residential occupancy, rented or owned, must install and maintain smoke detectors, but when a rental or lease is for one month or more, the tenant must keep an operable battery in the detectors in the unit. Rentals with a fossil-fuel heater or appliance, a fireplace or other source of combustion byproducts, or an attached garage must have carbon monoxide detectors installed by the owner, with the tenant keeping an operable battery in them for leases of one month or more. Owners or tenants who do not comply, or anyone who tampers with or disables a detector, face a civil fine of $100 to $500 per offense. (16 Del. C. §§ 6631, 6635, 6602C, 6605C)
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.