Delaware Lead Paint Disclosure Rules for Renters

Before signing a lease in Delaware, it's important to understand your rights and protections regarding lead paint and other environmental hazards. Federal and state laws require landlords to inform renters when lead-based paint hazards may be present, especially in older buildings. If you are moving into a rental property built before 1978 in Delaware, both clear disclosures and official forms are required to help keep you safe and informed.

Understanding Lead Paint Disclosure Requirements in Delaware

Lead-based paint, commonly used before 1978, poses serious health risks—especially to children and pregnant women. Both federal law (the Residential Lead-Based Paint Hazard Reduction Act) and Delaware law require landlords to disclose known lead hazards in most rental properties built prior to 1978.

What Must Landlords Disclose?

• Any known presence of lead-based paint and lead-based paint hazards in the rental unit
• Records or reports about lead-based paint or hazards available to the landlord
• Provision of an EPA-approved lead hazard information pamphlet ("Protect Your Family from Lead in Your Home")

These disclosures must occur before you sign your lease or rental agreement.

Key Form: Lead-Based Paint Disclosure Form (EPA Form)

• Name: Lead-Based Paint Disclosure Form (No federal form number, but included as part of the lease packet)
• When used: For all leases of target housing (built before 1978). Both landlord and renter sign to confirm information was provided before move-in
• Where to find: Download the official Lead-Based Paint Disclosure Form (EPA)

What About Other Environmental Hazard Disclosures?

Under Delaware law, landlords must also disclose other known environmental hazards. The Delaware Landlord-Tenant Code, Section 5317, mandates that landlords share information about the presence of hazardous substances, toxic mold, or contaminated drinking water if known.

What Should Renters Do If Disclosure Forms Are Missing?

• Request the required Lead-Based Paint Disclosure Form and the EPA information pamphlet
• If your landlord refuses or fails to provide these, document your request in writing
• Contact Delaware’s official tribunal for rental issues (see below) to report the matter

Who Enforces Renter Protections in Delaware?

The main body handling residential tenancy disputes is the Delaware Justice of the Peace Court – Landlord/Tenant Section. They hear cases about leases, maintenance, and health disclosures.

Relevant Delaware Tenancy Laws

• Delaware Landlord-Tenant Code (Title 25 Chapter 53) – Section 5317 outlines hazard disclosures
• Federal Lead Disclosure Rule mandating lead hazard disclosures

If Problems Arise

If disclosures are not provided, or you feel your rights are violated, use the Justice of the Peace Court forms to address your complaint. Forms and guides are found at the Delaware Courts Forms Center under "Landlord-Tenant".

Frequently Asked Questions (FAQ)

1. Do all Delaware rental units require a lead paint disclosure?
   Only units built before 1978 require this disclosure. Newer properties generally do not, but landlords must still disclose other known hazards.
2. Can my landlord evict me for asking about lead paint disclosures?
   No. Delaware law prohibits retaliation against tenants for exercising their rights, including requesting required safety disclosures.
3. What should I do if my landlord does not provide the EPA lead pamphlet?
   Request it in writing, and if it’s still not provided, contact the Justice of the Peace Court or a state housing office for assistance.
4. Are there penalties for landlords who fail to provide lead hazard disclosures?
   Yes. Landlords can face civil penalties, and renters may have grounds to break a lease if legally required disclosures are not provided.
5. Where can I get official Delaware rental forms?
   Download forms directly from the Delaware Courts Forms Center.

Key Takeaways for Delaware Renters

• Always receive and read required lead paint and hazard disclosure forms before signing a lease for properties built before 1978
• Delaware law protects your right to safety information and to ask questions without fear of losing your housing
• Resources like the Justice of the Peace Court and state housing agencies are available to help if there are issues

In summary: Review all disclosures, request documentation if missing, and know that support exists for your rights as a Delaware renter.

Need Help? Resources for Renters

• Delaware Justice of the Peace Court – Landlord/Tenant Section (main tribunal for disputes)
• Delaware Attorney General’s Landlord-Tenant Helpline
• Delaware Division of Public Health – Landlord Tenant Information
• EPA guides: Protect Your Family from Lead in Your Home

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1. U.S. EPA – Lead Disclosure Requirements
2. Delaware Landlord-Tenant Code, Section 5317
3. Delaware Justice of the Peace Court – Landlord/Tenant Section
4. Official EPA Lead-Based Paint Disclosure Form
5. EPA Lead Hazard Information Pamphlet

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