25 Del. C. ch. 54 § 5405
Recertification of rental units as lead free or lead safe
Operative Text
(a) A rental unit certified as lead safe must be recertified in each of the following circumstances: (1) Prior to the commencement of a rental agreement that begins more than 4 years after the date on which the unit was last certified as lead safe. (2) When an elevated blood lead level is found in an individual residing in the unit. (3) When a lead-based paint hazard is discovered in the rental unit or premises. (b) A rental unit certified as lead free must be recertified if any of the following occurs: (1) A lead-based paint hazard is discovered in the rental unit or premises. (2) An elevated blood lead level is found in an individual residing in the unit.
Under 25 Del. C. ch. 54 § 5405, Delaware law establishes specific circumstances that require a rental unit's lead certification to be renewed. A unit certified as 'lead safe' must be recertified if more than four years have passed since the last certification before a new rental agreement begins, if a resident is found to have an elevated blood lead level, or if a lead-based paint hazard is discovered on the property. A unit certified as 'lead free' must be recertified if a lead-based paint hazard is found or if a resident tests positive for an elevated blood lead level.
Plain English — not legal advice.
Property owners and managers operating under 25 Del. C. ch. 54 § 5405 generally track the expiration of lead-safe certifications and arrange for recertification before entering into a new rental agreement when the prior certification is more than four years old. Compliant operators also treat the discovery of a lead-based paint hazard or a report of an elevated blood lead level in any resident as an immediate trigger for recertification, regardless of the unit's current certification type. Maintaining organized records of certification dates and promptly responding to health or hazard findings are practices associated with meeting this provision's requirements.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 5405 of Title 25 of the Delaware Code gives tenants a basis to expect that their unit holds a current and valid lead certification before they move in and throughout their tenancy. If a resident in the unit is found to have an elevated blood lead level, or if a lead-based paint hazard is discovered, the law requires the landlord to obtain recertification — tenants who become aware of either situation may wish to document it and contact a local tenant-rights organization or Delaware health authorities to understand available options. Tenants can also ask to review the unit's certification records to confirm compliance with § 5405 before signing or renewing a lease.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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