Housing & Tenant · Landlord Entry
Landlord Entry Notice in Delaware
How much warning a landlord must give before entering your home in Delaware, the hours entry is allowed, and what to do if they walk in unannounced, cited to the statute.
The rules and your rights in Delaware
The notice, the allowed hours, the reasons a landlord may enter, and what to do about an unlawful entry.
| Advance notice | 48 hours before entry |
| Allowed entry hours | Between 8:00 a.m. and 9:00 p.m. Delaware uses clock times, not the word reasonable. |
| Reasons a landlord may enter | To inspect the premises, make necessary repairs, decorations, alterations, or improvements, supply services as agreed, exhibit the unit to prospective purchasers, mortgagees, or tenants, and read utility meters. |
| Emergency entry | In an emergency the landlord may enter at any time. The clock-hour limit and the 48-hour notice apply only to ordinary entries, not to a fire, a flood, or a comparable emergency. |
| Statute | Del. Code Ann. tit. 25, §5509 |
If the landlord enters unlawfully
The statute bars a landlord from abusing the right of access or using entry to harass you. Note one soft spot: you can waive the 48-hour notice in writing for entries to show the unit, so check whether your lease contains that waiver.
What you can do right now
Concrete, neutral steps if a landlord keeps entering your Delaware home without proper notice. This is legal information, not legal advice.
- Hold the landlord to the clock hours
Delaware is unusually clear: entry is only between 8:00 a.m. and 9:00 p.m. If a landlord tries to enter at 7 a.m. for a routine reason, point to 25 Del. C. 5509, which fixes those hours.
- Check whether you waived notice for showings
The one way a Delaware landlord can skip the 48 hours is a written waiver for showings. Read your lease for that clause before you assume you are owed two days of notice for every visit.
- Keep a dated log
Record each entry: the date, the time, the reason, and how much notice you got. A log makes it easy to show when a landlord entered outside the 8-to-9 window or without the 48 hours.
- Get local help
If entries keep breaking the rule, the statute bars abuse of access. Contact a local Delaware legal aid office to learn your options. Search for legal aid in your area.
This is general legal information, not legal advice. Read your own lease and check for a local ordinance, since either can change what applies to your home.
What Delaware renters get wrong
Delaware is the rare state that does not make a renter argue about what a reasonable hour is. Under 25 Del. C. 5509 the code says entry is limited to between 8:00 a.m. and 9:00 p.m., and that is the end of it. Combined with 48 hours of notice, Delaware gives one of the clearest entry rules in the country: a fixed notice period and fixed hours, both written into the statute rather than left to a judge. The reasons for entry are the familiar list, and the statute even names reading the utility meter. A genuine emergency lifts both limits, letting the landlord enter at any time. The only real soft spot is a written waiver a renter can sign for showings, which lets the landlord skip the 48 hours to show the unit to buyers or new tenants. That waiver clause is exactly the thing to look for before signing a Delaware lease, because it is the one place the clean rule can be traded away.
Common questions
Can my Delaware landlord enter at 7am?
Not for an ordinary entry. 25 Del. C. 5509 limits entry to between 8:00 a.m. and 9:00 p.m. A 7 a.m. visit falls outside those hours, so it is not allowed unless there is a genuine emergency.
Did I waive my 48-hour notice for showings in Delaware?
Possibly. Delaware lets a tenant waive the 48-hour notice in writing for entries to show the unit to prospective tenants or purchasers. Read your lease, because that written waiver is the one way the two-day rule gets skipped for showings.
Does reading the meter need 48 hours notice in Delaware?
Reading a utility meter is one of the listed entry purposes, so the 48-hour notice and the 8-to-9 hours apply to it like any ordinary entry, unless your lease or a utility arrangement provides otherwise.
What can I do about repeated entries in Delaware?
The statute bars a landlord from abusing the right of access or using entry to harass you. Keep a dated log of entries outside the hours or without notice, object in writing citing 25 Del. C. 5509, and ask a local legal aid office how to enforce it.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.