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Delaware Landlord Remedy for Tenant Refusing Access

The Delaware Code Title 25 Chapter 55 Section 5510 gives a landlord the following remedy if a tenant refuses to allow access a residential rental property and also establishes landlord liability:

Unreasonable Refusal to Allow Access

(a) The tenant shall be liable to the landlord for any harm proximately caused by the tenant’s unreasonable refusal to allow access. Any court of competent jurisdiction may issue an injunction against a tenant who has unreasonably withheld access to the rental unit.

(b) The landlord shall be liable to the tenant for any theft, casualty or other harm proximately resulting from an entry into the rental unit by landlord, its employees or agents or with landlord’s permission or license:

(1) When the tenant is absent and has not specifically consented to the entry;

(2) Without the tenant’s actual consent when tenant is present and able to consent; and

(3) In any other case, where the harm suffered by the tenant is due to the landlord’s negligence.

(c) Repeated demands for unreasonable entry or any actual entry which is unreasonable and not consented to by the tenant may be treated by the tenant as grounds for termination of the rental agreement. Any court of competent jurisdiction may issue an injunction against such unreasonable demands on behalf of 1 or more tenants.

(d) Every agreement or understanding between a landlord and a tenant which purports to exempt the landlord from any liability imposed by this section, except consent to a particular entry, shall be null and void.

Del. Code § 5510.

See also Delaware Tenant Obligation to Permit Landlord Access.

Return to Delaware Landlord-Tenant Laws.