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Delaware Code Title 25. Property § 5402. Certification of rental units as lead free or lead safe--small property owners

Current as of January 01, 2026 | Updated by Findlaw Staff

<For implementation of this section, see 85 Laws 2025, ch. 98, § 5.>

(a) Starting after the [implementation date under 85 Laws 2025, ch. 98, § 5(2)], a small property owner must obtain certification from a lead inspector that each of the owner's rental units constructed before January 1, 1978, is “lead free” or “lead safe.”  The certificate must be obtained and filed with the Department prior to the commencement of a rental agreement with a new tenant, but no more than 4 years after [the implementation date under 85 Laws 2025, ch. 98, § 5(2)].

(b) The certificate required by subsection (a) of this section must include all of the following information:

(1) The name and address of the landlord and any property manager.

(2) The address of the rental unit.

(3) The name of the lead inspector issuing the certificate.

(4) The date the certificate was issued.

(5) The date of the inspection of the rental unit and premises.

(6) Whether the rental unit and premises are certified as lead free or lead safe.

(c)(1) The failure to obtain and file a certificate prior to the required date is a violation of this section.  The Department may assess a civil penalty up to $100 per day per rental unit until the required certificate is obtained and filed with the Department.  No civil penalty may be imposed if a certificate deferment is issued by the Department prior to the date on which certification is required.

(2) A certificate deferment may only be issued upon a showing that any of the following circumstances exist:

a. No lead inspectors approved by the Department are available to provide an inspection of the rental unit prior to the certification deadline.  The landlord must show evidence that the landlord contacted at least 3 lead inspectors to schedule an inspection before the certification deadline.

b. The landlord shows in good faith that it is a significant economic burden for the landlord to comply with the statutory deadlines required under subsection (a) of this section.  Good faith includes evidence that the landlord has applied to the lead-based paint hazard control grant and loan program for assistance under § 5408 of this chapter.  If there are no funds in the lead-based paint hazard control grant and loan program and compliance with this chapter is a significant economic burden, the landlord must receive a deferment.

c. No contractors certified to perform lead-abatement or remediation work are available to complete any required lead abatement or remediation work prior to the certification deadline.  The landlord must provide evidence to the Department that the landlord contacted at least 3 certified contractors before the certification deadline.

d. The property is a multi-unit property and qualifies for deferment under subsection (g) of this section.

(3) The length of the certificate deferment may not exceed 6 months, except as permitted under subsection (g) of this section.  The Department may issue an additional deferment if the applicant shows that the circumstances under paragraph (c)(2) of this section continue to exist and the landlord is acting in good faith.

(4) At least 30 days before the Department begins to assess a civil penalty against a landlord under this section, the Department must notify the landlord that the landlord is in violation of this section.  The notice provided by the Department must provide the landlord with the opportunity to fix the violation, including the opportunity to seek a deferment or apply for a grant or loan under § 5408 of this title.

(d) No certificate deferment may be issued if a lead hazard exists that makes the rental unit uninhabitable unless the landlord provides the tenant alternative housing as required by this chapter.

(e) A tenant must permit reasonable access to the rental unit and premises for an inspection and evaluation by a lead inspector as required by this chapter and in accordance with § 5509 of this title.

(f) The landlord must provide for alternative housing when an inspection and evaluation by a lead inspector reveals that the rental unit is uninhabitable as a result of a lead-based paint hazard.  The alternative housing must be provided before or during the abatement or remediation of the rental unit.  The landlord must provide the tenant with at least 10 days advance notice before the tenant is required to move into or out of the alternative housing.  Nothing in this chapter precludes a tenant and landlord from agreeing to terminate a rental agreement so long as such agreement is voluntary and not coerced.

(g) Where the property requiring certification is a multi-unit building under the control of a small property owner, the lead inspector may choose 5 units in the building to inspect in lieu of an inspection of all units in the multi-unit building.  If the 5 units are selected by the lead inspector at random and are found to be lead safe by the lead inspector, only those rental units inspected by the lead inspector may be certified as lead safe and the rest of the units may receive a certificate deferral under this section for no more than 4 years.  If any of the 5 units selected by the lead inspector at random are found to contain a lead-based paint hazard, then all the units in the multi-unit building must be inspected and receive certification under this chapter.  The landlord must provide any tenant in a rental unit receiving a certificate deferral under this subsection notice that the tenant's rental unit has not been inspected pursuant to this section.

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Cite this article: FindLaw.com - Delaware Code Title 25. Property § 5402. Certification of rental units as lead free or lead safe--small property owners - last updated January 01, 2026 | https://codes.findlaw.com/de/title-25-property/de-code-sect-25-5402/

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