According to both logic and Delaware State law, a landlord’s responsibility for property maintenance includes fixing leaking pipes, windows, and roofs to ensure a healthy and habitable environment.

There is an interesting situation. Although the behavior of the tenant contributed to the appearance of the mold, the law holds the landlord responsible for remediating the problem.

Landlords should check their buildings for mold regularly, not only to protect their investment from damages caused by mold but also to avoid claims of negligence.

As I have mentioned in the introductory paragraph, the law holds the landlord responsible for mold remediation even if the mold growth was caused by the tenant’s negligence.

Because of this, advocates usually suggest landlords review the policies with tenants in order to control moisture and document anything that may prove that the tenant has caused the mold. A landlord can use this to charge the tenants for the cost of removing the mold.

The longer you wait, the more the mold grows, and with that, the chances of someone getting sick because of the toxic fungus are greater.

Landlord’s responsibility for mold in Delaware State

Tenant responsibilities in Delaware

Apart from paying rent in a timely manner, tenants in Delaware State have the following responsibilities too:

  1. Always keep the apartment in a safe and habitable condition;
  2. Keep fixtures clean and sanitary;
  3. Use all fixtures and appliances in a reasonable manner;
  4. Make small repairs and maintenance;
  5. Not negligently or deliberately destroy the dwelling unit;
  6. Not remove or tamper with the smoke detector or carbon monoxide detector;
  7. Not disturb other tenants or neighbors.

Resource: Full list of states mold laws

How long does the landlord have to fix the mold problem?

Delaware State law is very precise on this issue. Landlords in Delaware are required to keep the unit in habitable condition and must also make requested repairs within 15 days.

If they don’t, then tenants have the right to withhold up to two-thirds of rent until essential services are supplied or make the repairs themselves 30 days after the notice was given to the landlord and deduct the cost from the following month’s rent as long as it does not exceed $400 or half a month’s rent.

How long does the landlord have to fix the mold problem

Mold disclosure law in Delaware State