Delaware Landlord Required Disclosures
Required Disclosures compliance guide for Delaware, Usa. Covers landlord-tenant regulations, requirements, and legal obligations.
Legal Disclaimer
This content is for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as such. Laws change frequently — always verify current regulations and consult a licensed attorney in your jurisdiction for advice specific to your situation. Landager is a property management platform, not a law firm.Information last verified: May 2026.
Delaware Landlord Required Disclosures
Official Law Citation: The requirement to provide residential tenants with a summary of the code is mandated by Delaware Code Title 25, Section 5118, 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:
- Disclose the known presence of lead-based paint and/or lead-based paint hazards in the unit.
- Provide tenants with any available records or reports pertaining to lead-based paint.
- Provide tenants with the EPA pamphlet, "Protect Your Family From Lead In Your Home."
- 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":
- 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.
- 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.
- 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.
Sources & Official References
Frequently Asked Questions
▶What disclosures must Delaware landlords provide to tenants?
Delaware landlords must provide certain disclosures to tenants before or at the time of lease signing. Common required disclosures include lead-based paint hazards (for pre-1978 buildings, a federal requirement), the identity of the landlord or property manager, and any known material defects in the property. Additional state-specific disclosures may include flood risk, mold hazards, and environmental conditions.
▶What are the Delaware landlord-tenant laws every property owner should know?
The Delaware Residential Landlord-Tenant Code, found in Title 25 of the Delaware Code, provides a strict and detailed framework for residential rentals in the state. Delaware laws are generally balanced but place a strong emphasis on full disclosure, strict timelines for security deposits, and maintaining habitable living conditions. This guide covers the essential compliance requirements for property owners and landlords.
Read the complete guide▶What is the Delaware eviction process and how long does it take?
The Delaware eviction process requires landlords to provide written notice to tenants before filing a court action. The type and length of notice depends on the reason for eviction — typically shorter for non-payment of rent and longer for lease violations or no-fault terminations. Self-help evictions (changing locks, removing belongings, shutting off utilities) are illegal in Delaware. The full court process varies but typically takes several weeks.
Read the complete guide▶What are the Delaware security deposit rules and return deadlines?
Delaware has specific rules governing how much landlords can charge for security deposits, how deposits must be held, and the deadline for returning deposits after a tenant moves out. Landlords must provide an itemized statement of any deductions made from the deposit. Failure to comply with deposit return deadlines can result in penalties and the forfeiture of the landlord's right to claim deductions.
Read the complete guide▶What are the Delaware rent increase laws and caps for landlords?
Delaware has specific rules governing when and how landlords can increase rent. During a fixed-term lease, rent generally cannot be increased unless the lease explicitly allows it. For month-to-month tenancies, landlords must provide proper written notice before an increase takes effect. Check whether Delaware has any local rent control ordinances that may impose additional caps or requirements.
Read the complete guide▶What is the grace period for late rent in Delaware?
Delaware has specific rules regarding grace periods for late rent and the amount that can be charged as a late fee. Late fee provisions must be stated in the lease agreement, and fees must be reasonable. Check Delaware state law and any applicable local ordinances for the exact grace period and late fee limits that apply to your rental property.
Read the complete guide▶What are the Delaware lease requirements for rental properties?
Delaware recognizes both written and oral leases, though written leases are strongly recommended for terms longer than one year. Lease agreements should include the rent amount, payment due date, security deposit terms, maintenance responsibilities, and rules regarding entry, pets, and subletting. Certain lease clauses that waive tenant statutory rights may be void and unenforceable under Delaware law.
Read the complete guide▶What are Delaware landlord maintenance obligations and habitability standards?
Delaware landlords must maintain rental properties in a condition that is fit for habitation and complies with applicable building, housing, and health codes. This includes maintaining structural integrity, plumbing, heating and cooling systems, electrical systems, and pest control. Tenants typically have the right to request repairs in writing, and if repairs are not made within a reasonable time, tenants may have legal remedies available.
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