Delaware Landlord Disclosures Required Before Move-In

Before you move into a rental unit in Delaware, state law protects your right to know important details about the property and your tenancy. Delaware landlords are required to give tenants certain written disclosures before move-in, covering topics like security deposits, lead paint, and more. Understanding these requirements can help prevent problems later on and ensure a smooth start in your new home.

What Landlord Disclosures Are Required Before Move-In in Delaware?

Delaware’s landlord-tenant laws specify what information your landlord must give you at or before the start of your lease. Here are the main required disclosures and what they mean for you:

• Written Rental Agreement or Lease: Landlords must provide a written rental agreement outlining the terms. If the lease is an oral agreement, the landlord still must provide essential written details, such as the rent amount, payment terms, and notice required to terminate the tenancy.^[1]
• Security Deposit Terms: The lease or a separate written statement must disclose:
  • The amount of the security deposit
  • The bank and address where the deposit is held
  • The conditions under which deductions may be made
• Landlord’s Name and Address: Landlords or their agents must disclose in writing an address where legal notices or complaints may be sent.^[1]
• Lead-Based Paint Disclosure (for buildings built before 1978): This federal and state requirement gives tenants important safety information. Landlords must provide:
  • A signed Lead-Based Paint Disclosure Form
  • A copy of the EPA's Protect Your Family from Lead in Your Home pamphlet
• Summary of the Delaware Landlord-Tenant Code: Landlords are required to give tenants a summary of the Delaware Residential Landlord-Tenant Code at the time the lease is signed. The summary is available from the Delaware Attorney General's Office.
  • Form: Summary of the Delaware Landlord-Tenant Code
  • Example: You should receive this summary with your lease. If you did not, ask your landlord or download it from the link above.

Practical Example: Lead-Based Paint Disclosure Form

Suppose you are renting an apartment in a building constructed in 1970. Your landlord must give you a completed Lead-Based Paint Disclosure Form before you sign a lease. This document warns you of possible lead risks and must be signed by both parties. If the form is not provided, your landlord could face penalties, and your health could be at risk.

Who Enforces Rental Disclosure Requirements in Delaware?

The Justice of the Peace Court in Delaware is responsible for handling rental disputes, including issues where landlords may have failed to meet disclosure obligations. This court hears landlord-tenant matters across the state.

Where to Find Official Documents and Forms

• Delaware Department of Justice—Landlord-Tenant Code: Contains full and summarized versions of the law.
• EPA Lead Paint Disclosure Resources: Download official disclosure forms and guidance.

What if My Landlord Doesn’t Provide the Required Disclosures?

If you did not receive all required disclosures, you can take the following steps:

• Request the missing information or form in writing
• Document your request and any response
• If the issue is not resolved, file a complaint with the Delaware Department of Justice
• For unresolved disputes, apply to the Justice of the Peace Court

Tenants have protection under the Delaware Residential Landlord-Tenant Code, which outlines disclosure rules and your rights as a renter.

Frequently Asked Questions About Delaware Landlord Disclosures

1. Do Delaware landlords have to provide a copy of the lease?
   Yes. Even for oral rental agreements, basic terms must be provided in writing, including rent, deposits, and notice requirements.
2. What happens if my landlord doesn’t give me the lead paint disclosure?
   You can request it in writing, and the landlord may be liable for penalties. The disclosure protects your health and is required by law for older buildings.
3. Is the security deposit bank information required to be disclosed?
   Yes. Landlords must share the name and address of the financial institution holding your deposit.
4. Can I move in if my landlord hasn’t provided the summary of the Landlord-Tenant Code?
   You may still move in, but you should request the summary to understand your rights and responsibilities.
5. Where can I file a complaint if my landlord doesn't follow disclosure rules?
   You can file a complaint with the Delaware Department of Justice or take your case to the Justice of the Peace Court.

Conclusion: Key Takeaways

• Delaware law requires landlords to provide specific written disclosures, including lease terms, security deposit details, and lead paint information.
• If required documents are missing, ask for them in writing and seek help from state agencies if necessary.
• The Justice of the Peace Court oversees rental disputes and compliance with disclosure rules.

Need Help? Resources for Renters

• Delaware Department of Justice – Landlord-Tenant Code: (302) 577-8600 for tenant questions and complaints
• Justice of the Peace Court – Landlord/Tenant Complaints: Procedures and downloadable forms
• Delaware State Housing Authority – Renter Information

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1. Delaware Residential Landlord-Tenant Code (25 Del. C. § 5106, § 5118, § 5311)
2. EPA Lead-Based Paint Disclosure Form
3. Summary of the Delaware Landlord-Tenant Code (Attorney General’s Office)

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