Delaware Landlord Required Disclosures

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.

Disclaimer: This guide provides general legal information for educational purposes only and does not constitute legal advice. Always consult a licensed attorney in Delaware for advice specific to your situation. Information last verified: March 2026.

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 Delaware Attorney General's Office.

• 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

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

Because lead poisoning is a severe health risk, federal law requires landlords of properties built before 1978 to:

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 (Best Practice)

While Delaware doesn't have a state-wide statute explicitly mandating bedbug disclosures prior to move-in, it is a strong industry best practice—and required in many municipalities—for landlords to disclose any known current bedbug infestations or the property's recent treatment history. This relates directly to the landlord's duty to provide a habitable living space.

5. Right to Legal Representation

Recent legislative efforts in Delaware focus heavily on tenant rights. If you provide any notice to a tenant regarding an eviction proceeding or a "Summary Possession" action, you are generally required to attach informational materials detailing their right to legal counsel in eviction proceedings.

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.

Back to Delaware Landlord-Tenant Laws Overview.