Delaware Residential Lease Disclosure Requirements Explained

Before you sign or renew a residential lease in Delaware, it's important to know what your landlord must legally disclose. The state's laws ensure that renters are informed about crucial property conditions and rights, so you can make safe and fair housing decisions. This guide explains Delaware's required lease disclosures, the official forms involved, and what to do if your landlord doesn't comply.

What Disclosures Are Required in Delaware Residential Leases?

Delaware landlords are required by law to provide certain information and disclosures to renters either before or when a lease agreement is signed. These disclosures are meant to protect your rights and ensure transparency in the rental process. Here is a summary of what must be disclosed to tenants in Delaware:

• Lead-Based Paint Disclosure: For any property built before 1978, landlords must provide information about lead-based paint hazards.
• Landlord's Identity and Contact Information: The names and addresses of the property owner and any property manager must be provided.
• Security Deposit Terms: Details on where your security deposit will be held and the conditions for return.
• Summary of the Delaware Residential Landlord-Tenant Code: Landlords must inform tenants of their right to obtain a summary of Delaware's landlord-tenant laws.
• Nonrefundable Fees: Any nonrefundable fees (such as cleaning) must be clearly stated in the lease.
• Maintenance Responsibilities: The lease should specify which repairs are your responsibility and which are the landlord's.

These disclosures are required under the Delaware Residential Landlord-Tenant Code.^[1]

Official Forms You Might Encounter

Lead-Based Paint Disclosure Form (EPA Form)

• Name/Number: Lead-Based Paint Disclosure Form / EPA Pamphlet "Protect Your Family From Lead in Your Home"
• When Used: If the rental property was built before 1978, the landlord must provide this form and a copy of the official EPA pamphlet to every new tenant—before the lease is signed.
• Practical Example: Before you sign a lease for an apartment built in 1975, your landlord should give you this disclosure and brochure, which explains possible lead dangers and your rights.
• Official EPA Lead Disclosure Forms and Brochure

Summary of the Delaware Residential Landlord-Tenant Code

• Name/Number: No specific form, but landlords must make this summary available on request.
• When Used: Any time a written lease is provided—the landlord tells you how to access this summary.
• Practical Example: You ask for a summary of your tenancy rights, and your landlord gives you information on where to find the official summary.
• Landlord-Tenant Legal Assistance Resources

Disclosure of Owner/Agent Information

• Name/Number: No official form, but required as part of the lease agreement.
• When Used: Every time you enter or renew a lease.
• Practical Example: The lease lists both the landlord's and property manager's name and mailing address—making it clear who to contact for maintenance or disputes.

If your lease is missing these disclosures, you may have legal remedies. You can contact the Justice of the Peace Court, which handles landlord-tenant disputes in Delaware.

What to Do If Disclosures Are Missing

If you believe the required disclosures are missing or incorrect:

• Check your lease for missing or unclear information.
• Request the proper disclosures in writing from your landlord.
• If the issue is not resolved, you may contact the Justice of the Peace Court.
• Keep copies of any communications with your landlord about disclosures.

FAQ: Delaware Lease Disclosure Questions

1. What if my landlord did not give me a lead-based paint disclosure?
   If your rental was built before 1978 and you did not receive this form, you can request it at any time. If your landlord still does not provide it, you may have the right to cancel the lease or pursue action through the Delaware Justice of the Peace Court.
2. Does my landlord have to give me the Delaware Landlord-Tenant Code summary?
   They must tell you how to access the summary and must provide it if you ask. Most official information is available online from Delaware state resources.
3. Are all fees in my lease refundable?
   No, but the lease must clearly state which fees are refundable and which are not. Nonrefundable fees must be labeled up-front.
4. Where is my security deposit held?
   Your landlord must tell you where your security deposit is being held (such as in a bank account) and explain the return process per Delaware law.
5. How do I report my landlord for missing disclosures?
   Contact the Delaware Justice of the Peace Court or seek free legal help from an official resource like Delaware Legal Help Link if you're unsure how to proceed.

Conclusion: Key Takeaways for Delaware Renters

• Delaware law requires disclosures about lead paint, owner information, fees, and more—always read your lease closely.
• Official forms like the lead-based paint disclosure protect your health and rights as a tenant.
• If you suspect your landlord isn't following the law, you can contact the Justice of the Peace Court for assistance.

Knowing and asserting your rights helps prevent misunderstandings and protect your security as a renter in Delaware.

Need Help? Resources for Renters

• Delaware Justice of the Peace Court – Landlord-Tenant Info (handles rental disputes and complaints)
• Delaware Legal Help Link (free legal advice for renters)
• Delaware Attorney General’s Tenant Landlord Code Resources
• Delaware Residential Landlord-Tenant Code
• EPA Lead Disclosure Rule Overview

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1. Delaware Residential Landlord-Tenant Code, Title 25, Chapter 51. Accessed 2024.
2. U.S. Environmental Protection Agency, Lead-Based Paint Disclosure Rule. Accessed 2024.

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