Do all Delaware rental units have to provide a lead disclosure?

Yes. Any rental unit built before 1978 must provide renters with a lead disclosure form and information pamphlet by law before leasing.

What should I do if my landlord refuses to fix peeling paint?

Document the issue, notify your landlord in writing, and if still unresolved, file a complaint with the Delaware Division of Public Health or get help from the Department of Justice Landlord-Tenant Program.

Can I withhold rent if my landlord doesn’t address a lead hazard?

Withholding rent can put you at risk of eviction. Consult the Delaware Department of Justice or legal aid before taking this step.

How do I file a formal complaint about lead hazards?

You can contact the Delaware Division of Public Health or use their complaint form, providing necessary details and evidence.

What if I didn’t receive a lead disclosure form?

If you’re renting a pre-1978 unit and didn’t receive proper disclosure, contact the Delaware Landlord-Tenant Program for guidance and possible remedies.

Lead Paint Safety for Renters: Delaware Family Protection Guide

Health & Safety Standards Delaware published: June 21, 2025

Living in a safe, healthy home is every Delaware renter's right. Many rental properties built before 1978 may contain lead-based paint, which poses significant health risks—especially for children and pregnant women. Knowing how Delaware law protects you, and how to act if there’s a lead hazard in your rented home, empowers you to keep your family safe.

Understanding Lead-Based Paint Hazards in Delaware Rentals

Lead-based paint was commonly used in homes built before 1978. When this paint deteriorates, chips, or turns to dust, it can create serious health hazards. Delaware landlords have legal duties regarding lead paint, and tenants have the right to know and take action if they suspect a hazard.

What Are the Dangers of Lead Exposure?

Children are especially vulnerable—exposure can cause learning disabilities, behavioral problems, and health complications.
Pregnant women, and their unborn children, are also at risk.
Anyone can be affected by high levels of lead in their environment.

Delaware and Federal Lead Disclosure Laws

Under Delaware law and the federal Lead-Based Paint Disclosure Rule, landlords must inform renters about known lead-based paint dangers and provide specific information at lease-signing for homes built before 1978. This includes:

The EPA’s Protect Your Family From Lead in Your Home pamphlet
Any known lead-based paint or lead hazards in the property
Any available lead inspection reports
A completed Lead-Based Paint Disclosure Form (see below)

Required Forms for Delaware Renters Dealing with Lead Hazards

Lead-Based Paint Disclosure Form (EPA form; official Delaware variant is typically called Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards):
- When is it used? Landlords must provide this form before signing or renewing a lease for a pre-1978 rental property. Renters should receive a copy and have a chance to review and ask questions.
- Where to find it? Download the official Lead-Based Paint Disclosure Form here (HUD/Government site).
Delaware Division of Public Health Complaint Form (Online or PDF):
- When is it used? If you notice chipping paint or suspect a lead hazard that has not been addressed by your landlord, you can use this form to alert the Delaware Division of Public Health for possible investigation.
- Where to find it? File online or download from the Delaware Health and Social Services page.

Taking Action: What to Do If You Discover Lead-Based Paint Hazards

Document the problem: Take clear photos of deteriorating paint or dust, and keep a record of where and when you notice issues.
Notify your landlord: Report the issue in writing, asking for prompt repairs or a certified assessment.
Keep copies: Save all communications to and from your landlord.
If no response or inadequate response: You may file a complaint with the Delaware Division of Public Health, or get a free consultation with the Delaware Department of Justice Landlord-Tenant Program.

If your landlord does not provide the required lead disclosures or respond to hazards, Delaware law gives you the right to file a complaint and, in some cases, take further legal action to ensure a safe living environment.

Which Law Covers Lead Paint Safety in Delaware?

The primary legislation is the Delaware Residential Landlord-Tenant Code, Title 25, Chapter 53[1]. Federal law (Title X - Residential Lead-Based Paint Hazard Reduction Act) also applies. Both require disclosure and remediation of lead hazards in rentals built before 1978.

What Tribunal Handles Lead Paint Complaints in Rental Homes?

Disputes related to unresolved lead hazards may be addressed before the Delaware Justice of the Peace Court – Landlord/Tenant Division, which oversees landlord-tenant matters in the state[2].

FAQ: Delaware Renters and Lead Paint Hazards

Do all Delaware rental units have to provide a lead disclosure?
Any rental unit built before 1978 must provide renters with an official lead disclosure form and a lead hazard information pamphlet—by law, before leasing or renewal.
What should I do if my landlord refuses to fix peeling paint?
Document the issue, notify your landlord in writing, and if unresolved, you can file a complaint with the Delaware Division of Public Health or seek help from the Department of Justice’s Landlord-Tenant Program.
Can I withhold rent if my landlord doesn’t address a lead hazard?
Withholding rent is not recommended without consulting a legal resource, as improper withholding may result in eviction. Speak to the Delaware Department of Justice or a legal aid organization first.
How do I file a formal complaint about lead hazards?
Contact the Delaware Division of Public Health Environmental Health Services or use their complaint form. Provide details, photos, and your landlord’s information.
What if I didn’t receive a lead disclosure form?
If you’re renting a pre-1978 unit and did not receive proper disclosure, contact the state’s Landlord-Tenant Program for guidance on next steps or legal remedies.

Key Takeaways for Delaware Renters

Properties built before 1978 may have lead risks—landlords must provide disclosures and address hazards.
If you notice peeling paint or suspect danger, act quickly: document, report, and contact officials if needed.
Use official forms and contact Delaware resources to protect your family’s health and legal rights.

Need Help? Resources for Renters

Delaware Justice of the Peace Court – Landlord/Tenant Division (Handles rental disputes and complaints)
Delaware Division of Public Health – Environmental Health Services (Report lead hazards and file complaints)
Delaware Department of Justice Landlord-Tenant Program (Free legal information and help for renters)
EPA: Lead Disclosure for Rentals (Federal disclosure requirements and guides)

[1] See Delaware Residential Landlord-Tenant Code, Title 25, Chapter 53 – Health & Safety Standards

[2] The Delaware Justice of the Peace Court – Landlord/Tenant Division is the primary tribunal for rental disputes, including lead-based paint safety concerns.