Title 25 — Property
44 chapters · 315 sections in this title.
25 Del. C. § 6301. Action at law; jurisdiction; case in which distress lies.
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§ 6301. Action at law; jurisdiction; case in which distress lies. (a) Distress for rent is hereby abolished except pursuant to a rental agreement for a commercial unit and in that event it shall be an action at law which shall be brought as provided herein. (b) The several courts…
25 Del. C. § 6302. Form of claim; contents; costs.
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§ 6302. Form of claim; contents; costs. (a) The claim for distress shall name the tenant as defendant and shall set forth the name and address of the landlord, the name and address of the tenant and the facts as to any assignment of the rental agreement, the premises leased, the …
25 Del. C. § 6303. Order of distress; service of claim and order; levy; inventory; return; duration of levy.
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§ 6303. Order of distress; service of claim and order; levy; inventory; return; duration of levy. (a) Upon the filing of an action of distress, a justice of the peace shall make a determination as to the claim’s compliance with the provisions of this chapter, and upon a determina…
25 Del. C. § 6304. Levied goods in custody of Court; removal and sale; plaintiff’s interest.
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§ 6304. Levied goods in custody of Court; removal and sale; plaintiff’s interest. (a) Except as hereinafter provided, goods levied upon by the constable or sheriff shall remain on the leased premises in the custody of the Court unless released as hereinafter provided. (b) Upon ap…
25 Del. C. § 6305. Protective measures upon a showing that a tenant may abscond.
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§ 6305. Protective measures upon a showing that a tenant may abscond. Upon petition of the plaintiff in distress and upon a showing under oath or affirmation of a need for protective measures because the tenant may abscond or remove and conceal that tenant’s goods, the Court may …
25 Del. C. § 6306. Procedure in the event of a forcible entry.
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§ 6306. Procedure in the event of a forcible entry. Where entry is gained forcibly and if no tenant is found on the premises, a copy of the claim and order shall be affixed on a prominent place on the interior of the leased premises. The constable or sheriff shall then proceed to…
25 Del. C. § 6307. Release of distrained property upon filing of bond.
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§ 6307. Release of distrained property upon filing of bond. Upon the filing of a bond with surety with the Court where the distress action is pending, the Court may release from the levy and return, or release from the levy or return, the property to the tenant. The bond shall be…
25 Del. C. § 6308. Answer to claim; hearing; final order of sale.
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§ 6308. Answer to claim; hearing; final order of sale. (a) The defendant in an action of distress may file an answer to the action, setting forth any defenses defendant may have to the action. The court shall schedule the hearing to be held promptly after the levy, but not later …
25 Del. C. § 6309. Public sale of property distrained; notice of sale.
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§ 6309. Public sale of property distrained; notice of sale. After the expiration of 10 days from the day of the issuance of a final order of sale by the Court, the officer may sell the property, or so much thereof as is necessary to satisfy the rent and all costs, at public vendu…
25 Del. C. § 6310. Liability of officer.
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§ 6310. Liability of officer. Any constable, sheriff or other officer of the Court acting in good faith pursuant to an order of the Court as provided herein shall not incur civil or criminal liability for that constable’s or sheriff’s or other officer’s actions in carrying out sa…