Defenses.
Del. Code tit. 25, § 5903
in effectIt shall be sufficient defense to this proceeding, if any defendant of record establishes that:
(1) The condition or conditions described in the petition do not exist at the time of trial; or
(2) The condition or conditions alleged in the petition have been caused by the wilful or grossly negligent acts of 1 or more of the petitioning tenants or members of the tenant’s or tenants’ families or by other persons on the premises with the tenant’s or tenants’ consent; or
(3) Such condition or conditions would have been corrected, were it not for the refusal by any petitioner to allow reasonable access.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title25/c059/index.htmlFetched: 10/4/2026