Delaware Code Title 25. Property § 5406. Disclosure of certification

(a) Effective [the implementation date under 85 Laws 2025, ch. 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.