Delaware Renters: Your Rights If Asbestos Is in Your Home

If you rent a home or apartment in Delaware and suspect that asbestos may be present, it’s important to understand your rights, the landlord’s responsibilities, and what steps you can take to stay safe. This article explains Delaware’s laws around asbestos in rental housing so you can take action to protect your health and your rights.

What Is Asbestos and Why Is It a Concern?

Asbestos is a natural mineral once used in building materials for insulation and fireproofing. Many buildings built before the 1980s may contain asbestos in floor tiles, insulation, ceiling materials, and more. Disturbed asbestos can release fibers that, if inhaled, could cause serious health problems.

Landlord Responsibilities Regarding Asbestos in Delaware Rentals

Landlords in Delaware have a legal responsibility to keep rental properties safe and habitable. This duty is set by the Delaware Residential Landlord-Tenant Code, which requires landlords to maintain the premises and ensure they are free from hazards that could impact tenant health.^[1]

• Landlords must address known environmental hazards, including asbestos, in rental units.
• They must comply with all state and federal laws regarding notification and abatement if asbestos is found.

If asbestos is discovered or suspected, landlords may be required to notify tenants and take steps to safely manage or remove it, especially if the material is damaged or disturbed.

Required Notices and Disclosures

Delaware law does not require landlords to provide an asbestos-specific disclosure before renting. However, federal regulations from the Environmental Protection Agency (EPA) require property owners to notify occupants in certain situations—especially if there is a planned renovation or demolition that could disturb asbestos materials.

• If notified of possible asbestos, landlords must act swiftly to assess and remediate any hazards.

What Should Delaware Tenants Do If They Suspect Asbestos?

If you believe there is asbestos in your rental, consider these steps:

• Do not disturb suspected materials (ceiling tiles, insulation, old flooring) yourself.
• Notify your landlord in writing about your concern and request a professional assessment.
• If the landlord does not respond or the issue persists, you have the right to report the hazard to the Delaware Division of Public Health or seek assistance from the Justice of the Peace Court.

Landlords are required to address such maintenance requests promptly. Delays or refusals may entitle tenants to take further legal action or, in severe cases, repair-and-deduct remedies under Delaware law.

Official Tribunals and Where to Turn for Help

The Justice of the Peace Court is Delaware’s tribunal that handles landlord-tenant disputes. Tenants can file complaints here if landlords fail to remedy asbestos hazards, or pursue other civil remedies as outlined by law.^[2]

Forms Delaware Renters May Need

• Justice of the Peace Court Civil Complaint (Form CF01): Used by tenants to initiate legal action if a landlord refuses to make essential repairs for habitability issues, such as asbestos hazards.
  Practical example: A tenant submits Form CF01 after the landlord ignores written requests to remedy deteriorating ceiling tiles suspected to contain asbestos.
  Download Form CF01 from Delaware Courts

Always consult official instructions on submitting forms and documentation. You may also provide copies of written correspondence and evidence (e.g., photos) when filing.

Summary of Tenant Protections Under Delaware Law

Delaware’s laws are designed to safeguard tenant health and ensure homes are safe. The key legislation protecting renters is the Delaware Residential Landlord-Tenant Code. Tenants have the right to safe housing and can use official channels—including the Justice of the Peace Court—when these rights are not respected.

FAQ: Asbestos in Delaware Rental Properties

1. Do landlords have to test for asbestos before renting in Delaware?
   Delaware law does not require routine asbestos testing before renting, but landlords must address known hazards and respond to tenant concerns.
2. What if I think my rental has asbestos and my landlord won’t respond?
   You can file a complaint with the Justice of the Peace Court using Form CF01, or contact the Delaware Division of Public Health for further investigation.
3. Can I withhold rent if my landlord refuses to fix an asbestos issue?
   Under Delaware law, tenants should not withhold rent unilaterally. Instead, use official complaint processes or consult with the Justice of the Peace Court for guidance.
4. Does my landlord have to tell me if asbestos is found during my lease?
   While asbestos-specific disclosure is not mandated before move-in, landlords must inform tenants if hazardous asbestos is discovered and take appropriate action to ensure tenant safety.
5. Where do I find Delaware’s tenancy laws and official forms?
   You can read the Delaware Residential Landlord-Tenant Code and download court forms directly from Delaware’s Justice of the Peace Court website.

Key Takeaways for Delaware Renters

• Landlords are required to keep rental properties safe and address hazardous asbestos if it’s discovered.
• Tenants should notify landlords in writing and keep records if asbestos is suspected.
• Delaware’s Justice of the Peace Court provides an official path to resolve unresolved safety issues in rental housing.

Need Help? Resources for Renters

• Justice of the Peace Court – Landlord/Tenant Information: File complaints and resolve disputes over rental issues in Delaware.
• Delaware Division of Public Health – Asbestos Information: State asbestos regulations and tenant safety information.
• Delaware Attorney General’s Office – Landlord/Tenant Tenant Rights: Guidance on rental disputes and tenant protections.

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1. Delaware Residential Landlord-Tenant Code
2. Justice of the Peace Court

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