Official Law Citation: The requirement to provide residential tenants with a summary of the code is mandated by Delaware Code Title 25, Section 5118Preview unavailable, effective July 1, 1996 (70 Del. Laws, c. 513).

Under the Delaware Residential Landlord-Tenant Code, landlords are legally obligated to provide a specific set of disclosures to their tenants. Providing this information ensures transparency and prevents disputes over basic tenancy and safety rules.

1. Summary of the Landlord-Tenant Code (Mandatory)

One of the most unique and strictly enforced requirements in Delaware is found in Title 25 § 5118.

At the beginning of the rental term, or upon signing a written rental agreement, the landlord must provide the tenant with a copy of the "Summary of the Delaware Residential Landlord-Tenant Code," prepared by the Consumer Protection Unit of the Delaware Department of Justice.

• Failure to Comply: If the landlord fails to provide this summary, the tenant can plead ignorance of the law as an affirmative defense in court. Essentially, a landlord cannot penalize a tenant for breaking a rule in the Code if the tenant was never informed of it properly.

2. Identity of the Manager and Owner

Per Title 25 § 5105, before the tenancy begins, the landlord must disclose in writing the name and common business address of:

• The person authorized to manage the premises.
• An owner of the premises, or a person authorized to act on their behalf for service of process and receiving notices/demands.

If this information changes during the tenancy, the landlord must provide updated written notice within 15 days.

3. Federal Lead-Based Paint Disclosure

Under the Residential Lead-Based Paint Hazard Reduction Act (42 U.S.C. § 4852d), landlords of properties built before 1978 must:

1. Disclose the known presence of lead-based paint and/or lead-based paint hazards in the unit.
2. Provide tenants with any available records or reports pertaining to lead-based paint.
3. Provide tenants with the EPA pamphlet, "Protect Your Family From Lead In Your Home."
4. Include a specifically worded lead warning statement in the lease, along with an acknowledgment signed by the tenant and landlord.

4. Bedbug Disclosures

Under Title 25 § 5317, landlords have specific obligations regarding bedbug infestations. Before renting a unit, a landlord must disclose to a prospective tenant if an adjacent unit is currently infested with or being treated for bedbugs.

• Visual Inspection: Landlords must visually inspect the unit for bedbugs before renting.
• Prohibition: Landlords cannot show or rent a unit they know or reasonably suspect has a current infestation.

5. Right to Legal Representation

Under Title 25 § 5605, landlords are required to provide tenants with a "Notice of Right to Counsel" whenever they provide any notice regarding an eviction proceeding or "Summary Possession" action. This notice must inform the tenant of their right to representation under Delaware's Eviction Right to Counsel program (Chapter 56).

Check with the local Justice of the Peace Court for the exact mandatory forms to attach.

Best Practices for Delaware Landlords

To ensure a solid defense against any claims that a tenant "didn't know":

1. Require Signatures: When providing the Attorney General's Summary and the Lead-Based Paint disclosure, ALWAYS have the tenant sign a receipt acknowledging they received the documents. Keep these in the tenant's file.
2. Include Disclosures in the Lease: Add a section in your standard lease agreement where the identity of the owner and manager are clearly spelled out.
3. Be Transparent Upfront: A reputation for honesty helps prevent conflict and helps landlords build longer-lasting tenancies.

How Landager Can Help

Never forget to send the required disclosures again. With Landager, you can attach the Attorney General's summary and EPA lead pamphlet as mandatory appendices to every digital lease. Our legally binding e-signatures provide irrefutable proof that the tenant received the disclosures prior to move-in.

How Landager Helps

Landager tracks lease terms, required forms storage, and compliance tracking - making it easy to stay compliant with Delaware regulations.

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