Landlord Entry Notice Requirements in Delaware

At a glance

Requirements one by one

Advance notice required

A Delaware landlord must give "at least 48 hours' notice of landlord's intent to enter" (§ 5509(b)) — a full two days, longer than the common 24-hour rule. Two things shorten it. First, "repairs requested by the tenant" need no 48-hour notice: if you asked for the fix, the landlord can come sooner. Second, for showings to prospective tenants or purchasers only, you can sign away the 48-hour requirement (see Special rules for showings). Every other entry needs the full 48 hours.

Reasons a landlord may enter

Section 5509(a) allows entry to inspect the premises, make necessary repairs, decorations, alterations, or improvements, supply agreed services, or exhibit the unit to prospective purchasers, mortgagees, or tenants. Separately, § 5509(c) requires the tenant to allow entry at reasonable times to read utility meters or appliances under § 5312. A tenant "shall not unreasonably withhold consent" to these listed entries.

Permitted hours

Delaware fixes a hard clock: the landlord "shall enter only between 8:00 a.m. and 9:00 p.m." (§ 5509(b)). Outside those hours, a routine entry is not authorized. The only exception is a genuine emergency, when the landlord "may enter at any time."

When no notice is needed

The one no-notice case is a real emergency: "In the case of an emergency the landlord may enter at any time" (§ 5509(b)) — no 48-hour notice and no hours limit. (Repairs you requested still occur during the tenancy but skip the 48-hour notice, not because of an emergency but because you asked for them.)

Form and delivery of the notice

The statute requires 48 hours' notice but does not dictate how it must be delivered. It does, however, require writing for two related steps: a tenant who installs a new lock must notify the landlord "in writing" and give a key (§ 5509(a)(1)), and a waiver of the 48-hour notice for showings must be "in a signed addendum to the rental agreement or other separate signed document" (§ 5509(b)). A casual "sure, come anytime" is not a valid waiver.

Special rules for showings

Delaware's showing rule is a waiver, not a shorter notice period. "As to prospective tenants or purchasers only, the tenant may expressly waive in a signed addendum to the rental agreement or other separate signed document the requirement that the landlord provide 48 hours' notice" (§ 5509(b)). If you have not signed such a document, a showing needs the same 48-hour notice and 8 a.m.–9 p.m. window as any other entry.

What trips people up

It's 48 hours, not 24. Many national guides list a flat 24-hour figure. Delaware requires two days' notice for a routine entry (§ 5509(b)); a next-day notice is not enough unless you requested the repair or signed a showings waiver.

A showings waiver has to be in a signed writing. The statute lets you waive the 48-hour notice for showings to prospective buyers or renters "only" in a signed addendum or separate signed document (§ 5509(b)). A landlord cannot rely on a verbal agreement to skip notice.

Entry is capped at 8 a.m. to 9 p.m. Even with proper notice, a routine entry outside that window is not authorized (§ 5509(b)). Only a genuine emergency lets the landlord enter "at any time."

Common questions

How much notice does my Delaware landlord need to enter? At least 48 hours, and only between 8 a.m. and 9 p.m. (§ 5509(b)) — unless you requested the repair, signed a showings waiver, or there is a genuine emergency.

Can my landlord come the same day if I asked for a repair? Yes. Section 5509(b) excepts "repairs requested by the tenant" from the 48-hour notice — asking for the fix is your consent to a prompt visit.

Did I have to let the landlord skip notice for showings? Only if you signed a waiver. The 48-hour notice can be waived for showings to prospective tenants or purchasers "only" in a signed addendum or separate signed document (§ 5509(b)); it is not automatic.

What if my landlord enters without notice or at 11 p.m.? The landlord "shall not abuse this right of access nor use it to harass a tenant" (§ 5509(b)). You can document the entries and seek an injunction and damages for the intrusion and any breach of your right to quiet enjoyment.

Statutes and sources

• 25 Del. C. § 5509 — the tenant-access section: the listed entry purposes and the tenant's duty not to unreasonably withhold consent, plus the new-lock right (a); the no-abuse rule, the 48-hour notice with its repair-request exception, the 8 a.m.–9 p.m. window, the signed-waiver rule for showings, and emergency entry (b); and meter-reading access under § 5312 (c). https://delcode.delaware.gov/title25/c055/index.html (accessed 2026-07-11)