Which disclosures must a Delaware lease include?
Delaware landlord-tenant law is governed by the Delaware Landlord-Tenant Code (25 Del. C.). Beyond the universal federal lead rule, the disclosures a Delaware landlord must give at or around lease signing are:
| Disclosure | Authority | Applies To |
|---|---|---|
| Landlord-Tenant Code Summary | 25 Del. C. § 5118 | Start of the term |
| Lead-based paint hazard + EPA pamphlet | Title X (federal) | Housing built before 1978 |
The main Delaware lease disclosures
Landlord-Tenant Code Summary (25 Del. C. § 5118): the landlord must give a new tenant the state Summary of the Landlord-Tenant Code; if it isn't provided, the tenant may plead ignorance of the Code as a defense.
Federal lead-based paint disclosure
Whatever Delaware requires, the federal lead rule stands on top. For a home built before 1978 the landlord must, under Title X (42 U.S.C. § 4852d), provide a signed lead-warning disclosure, disclose known lead hazards, turn over available records, and give the tenant the EPA pamphlet Protect Your Family From Lead in Your Home — with civil and potentially criminal penalties for failing to.
What happens if a Delaware landlord skips a required disclosure?
Consequences depend on the disclosure:
- Missing the Code Summary lets the tenant plead ignorance of the Code as a defense (§ 5118).
- A missed 20-day deposit return exposes the landlord to the wrongfully withheld amount and possible double damages (§ 5514).
- A federal lead-paint violation carries civil and, in egregious cases, criminal penalties plus liability for tenant damages.
For the full set of Delaware lease rules — deposits, late fees, and notice periods — see What Must a Delaware Lease Agreement Include. Managing rentals in more than one state? Compare Delaware's list with our Maryland and New Jersey disclosure checklists, and see the baseline in What Every Residential Lease Agreement Must Include.
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Create your Delaware lease agreement →Frequently asked questions
What disclosures are required in a Delaware lease?
A Delaware lease must include landlord-tenant code summary (25 Del. C. § 5118), plus the federal lead-based paint disclosure for pre-1978 housing.
Does Delaware require a landlord-tenant code summary disclosure?
Yes. the landlord must give a new tenant the state Summary of the Landlord-Tenant Code; if it isn't provided, the tenant may plead ignorance of the Code as a defense (25 Del. C. § 5118).
Does Delaware require a lead-paint disclosure?
Yes, for pre-1978 housing. This is a federal requirement: the signed lead-warning disclosure, known records, and the EPA pamphlet.
Official sources
Primary statutes and official government references for this guide. Statutes change — always confirm against the current official text before you act.