25 Del. C. ch. 57 § 5704A
Additional documentation relating to lead-based paint hazards
Operative Text
(a) When filing a complaint for possession, the landlord must provide documentation to the court demonstrating that the property is in compliance with Chapter 54 of this title, relating to lead-based paint hazards. (b) If the reason for the complaint is because the tenant will not provide reasonable access to the property so that the landlord may comply with Chapter 54 of this title, then documentation under subsection (a) of this section is not required.
Under 25 Del. C. ch. 57 § 5704A, when a landlord files a court complaint seeking possession of a rental property, they must submit documentation showing the property meets Delaware's lead-based paint hazard requirements under Chapter 54. This rule creates a compliance checkpoint at the point of litigation, tying the eviction process to lead-safety standards. There is a narrow exception: if the very reason for the possession complaint is that the tenant has refused to allow the landlord reasonable access to perform the required lead-based paint work, the documentation requirement does not apply.
Plain English — not legal advice.
Under 25 Del. C. ch. 57 § 5704A, operators who file a complaint for possession are generally expected to have their Chapter 54 lead-based paint compliance documentation ready to submit to the court at the time of filing. Compliant property managers typically maintain up-to-date records of inspections, disclosures, and any remediation work so that these documents are readily available when needed in a legal proceeding. The only recognized exception to this filing requirement arises when the complaint itself is based on a tenant's refusal to grant reasonable access for lead-based paint compliance work.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 5704A of 25 Del. C. ch. 57 gives tenants a basis to examine whether a landlord filing for possession has met Delaware's lead-based paint compliance requirements under Chapter 54. If a landlord cannot produce the required documentation, that gap may be relevant to the court proceeding, and tenants may wish to raise this point or consult a tenant-rights organization familiar with Delaware housing law. Tenants facing a possession complaint can also seek information from local legal aid organizations to understand how this provision may apply to their circumstances.
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
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Rules and statutes that cite this regulation