25 Del. C. ch. 54 § 5407
Educational material
Operative Text
(a) The landlord must provide the tenant with any educational material required to be provided by Department regulations and the U.S. Environmental Protection Agency relating to lead hazards. (b) The material must be provided before the tenant occupies the rental unit. Failure to provide the required educational materials is a violation of this section and the landlord may be assessed a civil penalty of $20 per day until the material is provided to the tenant. (c) Effective [the implementation date under 85 Del. Laws, c. 98, § 5(2)], every rental agreement on a rental unit constructed prior to January 1, 1978, must require that a tenant acknowledge receipt of the material required by this section.
Under 25 Del. C. ch. 54 § 5407, landlords are required to give tenants educational materials about lead hazards — as specified by Delaware Department regulations and the U.S. Environmental Protection Agency — before the tenant moves into the rental unit. If those materials are not delivered on time, the landlord can be assessed a civil penalty of $20 per day until the materials are actually provided. For rental units built before January 1, 1978, the rental agreement itself must include a tenant's written acknowledgment that the materials were received.
Plain English — not legal advice.
Section 5407 places the responsibility squarely on property owners and managers to obtain and deliver the required lead-hazard educational materials — sourced from Delaware Department regulations and the U.S. Environmental Protection Agency — prior to a new tenant's move-in date. Operators of pre-1978 housing generally include a written acknowledgment clause in their lease agreements so that tenants can confirm receipt of the materials in writing. Because the civil penalty under § 5407 accrues at $20 per day from the point of non-compliance, maintaining a consistent pre-occupancy checklist that documents material delivery is a practice commonly associated with compliant operations.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 5407 gives tenants the right to receive lead-hazard educational materials from their landlord before moving into a rental unit, and tenants in housing built before January 1, 1978, should also see a receipt-acknowledgment clause in their lease. If a landlord fails to provide these materials, that failure is a violation of § 5407 and can trigger a civil penalty of $20 per day against the landlord. Tenants who believe this provision has not been followed may consider contacting the Delaware Department of Health and Social Services or the U.S. Environmental Protection Agency, or reaching out to a local tenant-rights organization to understand available options.
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.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
Rules and statutes that cite this regulation