25 Del. C. ch. 54 § 5406
Disclosure of certification
Operative Text
(a) Effective [the implementation date under 85 Del. Laws, c. 98, § 5(2)], every rental agreement on a rental unit constructed prior to January 1, 1978, must contain a disclosure as to whether the rental unit and premises have been certified as lead safe or lead free, the date of the certification, and the name of the lead inspector issuing the certificate. (b) If a certificate is required under this chapter, the landlord must provide the tenant with a copy of a lead-safe or lead-free certificate identified in the rental agreement within 7 days of a request for the certificate. Failure to provide the certificate is a violation of this section and the landlord may be assessed a civil penalty of $50 per day until the certificate is provided to the tenant. (c) The Department may promulgate regulations addressing the format of the disclosures required by this chapter.
Under 25 Del. C. ch. 54 § 5406, rental agreements covering units built before January 1, 1978, must include a disclosure stating whether the unit and its premises have been certified as lead safe or lead free, along with the certification date and the name of the inspector who issued it. If a lead-safe or lead-free certificate is required under the chapter, the landlord must supply a copy to the tenant within 7 days of a request. Failing to provide that copy within the required window can result in a civil penalty of $50 for each day the certificate remains undelivered. The Delaware Department may also issue regulations governing how these disclosures must be formatted.
Plain English — not legal advice.
Property owners and managers renting units constructed before January 1, 1978, are generally expected to ensure that every rental agreement includes the lead-certification disclosure required by 25 Del. C. ch. 54 § 5406—covering certification status, date, and inspector name. Compliant operators typically keep copies of any applicable lead-safe or lead-free certificates readily accessible so they can respond to tenant requests within the 7-day window the provision establishes. Because the civil penalty under § 5406 accrues at $50 per day until the certificate is delivered, maintaining organized records of lead inspection documentation is a standard practice in pre-1978 rental operations.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in units built before January 1, 1978, have a right under 25 Del. C. ch. 54 § 5406 to receive a copy of any required lead-safe or lead-free certificate within 7 days of requesting it from their landlord. If a landlord does not provide the certificate within that timeframe, the failure constitutes a violation of § 5406 and can trigger a civil penalty of $50 per day against the landlord. Tenants who believe this provision has not been followed may consider contacting the Delaware Department, a local tenant-rights organization, or a legal aid office to understand the options available to them.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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