Title 25, Property

§ 5411. Regulations [For implementation of this section, see 85 Del. Laws, c. 98, § 5(2)]. The Department shall adopt regulations to implement this chapter.85 Del. Laws, c. 98, § 1;

§ 5412. Reports [For implementation of this section, see 85 Del. Laws, c. 98, § 5(2)]. (a) Beginning after [the implementation date under 85 Del. Laws, c. 98, § 5(2)], the Department shall create an annual report with the following information: (1) The total number of certificate…

§ 5413. Antiloophole provision [For implementation of this section, see 85 Del. Laws, c. 98, § 5(2)]. To prevent circumvention of this chapter, all owners of rental property must disclose to the Department their beneficial owner and any affiliation with other property owners. Any…

§ 5501. Tenant obligations; rent. (a) The landlord and tenant shall agree to the consideration for rent. In the absence of such agreement, the tenant shall pay to the landlord a reasonable sum for the use and occupation of the rental unit. (b) Rent shall be payable at the time an…

§ 5502. Landlord remedies for failure to pay rent. (a) A landlord or the landlord’s agent may, any time after the time period between the date the rent is due and the date under this Code when late fees may be imposed, demand payment for the past due rent and notify the tenant in…

§ 5503. Tenant obligations relating to rental unit; waste. A tenant shall: (1) Comply with all obligations imposed upon tenants by applicable provisions of all municipal, county and state codes, regulations, ordinances and statutes; (2) Keep that part of the premises which the te…

§ 5504. Defense to an action for waste. (a) It shall be a complete defense to any action, suit or proceeding for waste if the tenant alleges and establishes that the tenant notified the landlord a reasonable time in advance of the repair, alteration or replacement and that such r…

§ 5505. Tenant’s obligation relating to defective conditions. (a) Any defective condition of the premises which comes to the tenant’s attention, and which the tenant has reason to believe is the duty of the landlord or of another tenant to repair, shall be reported in writing by …

§ 5506. Tenant obligation; notice of extended absence. The landlord may require in the rental agreement that the tenant notify the landlord in writing of any anticipated extended absence from the premises no later than the 1st day of such absence.70 Del. Laws, c. 513, § 3;

§ 5507. Landlord remedies for absence or abandonment. (a) If the rental agreement provides for notification to the landlord by the tenant of an anticipated extended absence as defined in this Code or in the rental agreement, and the tenant fails to comply with such requirement, t…

§ 5508. Landlord remedies; restrictions on subleasing and assignments. (a) Unless otherwise agreed in writing, the tenant may sublet the premises or assign the rental agreement to another. (b) The rental agreement may restrict or prohibit the tenant’s right to assign the rental a…

§ 5509. Tenant obligation to permit reasonable access. (a) The tenant shall not unreasonably withhold consent for the landlord to enter into the rental unit in order to inspect the premises, make necessary repairs, decorations, alterations or improvements, supply services as agre…

§ 5510. Landlord remedy for unreasonable refusal to allow access. (a) The tenant shall be liable to the landlord for any harm proximately caused by the tenant’s unreasonable refusal to allow access. Any court of competent jurisdiction may issue an injunction against a tenant who …

§ 5511. Rules and regulations; tenant obligations. (a) The tenant and all others in the premises with the consent of the tenant shall obey all obligations or restrictions, whether denominated by the landlord as “rules,” “regulations,” “restrictions” or otherwise, concerning the t…

§ 5512. Rules and regulations relating to certain buildings; landlord remedies [Effective until Mar. 8, 2027]. Any provision of the Landlord-Tenant Code (Chapters 51 through 59 of this title) to the contrary notwithstanding, written rental agreements for the rental of single room…

§ 5512A. Rules and regulations relating to reentry funds [Effective Mar. 8, 2027]. (a) (1) The requirements under this section apply if money from any of the following is used to pay all or part of a tenant’s rent: a. The Bureau of Community Corrections Special Services Fund unde…

§ 5513. Landlord remedies relating to breach of rules and covenants. (a) If the tenant breaches any rule or covenant which is material to the rental agreement, the landlord shall notify the tenant of such breach in writing, and shall allow at least 7 days after such notice for re…

§ 5514. Security deposit. (a) (1) A landlord may require the payment of security deposit. (2) No landlord may require a security deposit in excess of 1 month’s rent where the rental agreement is for 1 year or more. (3) No landlord may require a security deposit in excess of 1 mon…

§ 5514A. Surety bond. (a) Instead of paying all or part of a security deposit to a landlord under § 5514 of this title, a tenant may purchase a surety bond, the purpose of which shall be: (1) To reimburse the landlord for actual damages caused to the premises by the tenant which …

§ 5515. Landlord’s remedies relating to holdover tenants. (a) Except as is otherwise provided in this Code, whenever either party to a rental agreement rightfully elects to terminate, the duties of each party under the rental agreement shall cease. (b) Whenever the term of the re…

§ 5516. Retaliatory acts prohibited. (a) Retaliatory acts are prohibited. (b) A retaliatory act is an attempt on the part of the landlord to: pursue an action for summary possession or otherwise cause the tenant to quit the rental unit involuntarily; demand an increase in rent fr…

§ 5517. Preference of rent in cases of execution. Liability of goods levied upon for 1 year’s rent: (1) If goods, chattels or crops of a tenant being upon premises held by the tenant by demise under a rent of money are seized by virtue of any process of execution, attachment or s…

§ 5601. Definitions. For purposes of this chapter: (1) “Coordinator” means the Right to Representation Coordinator within Delaware Volunteer Legal Services. (2) “Covered individual” means a tenant who is eligible for legal representation under this chapter. (3) “Covered proceedin…

§ 5602. Right to legal representation. (a) (1) a. Except as provided under paragraph (a)(2) of this section, a tenant has the right to legal representation as provided under this chapter if the tenant’s household income over the immediately preceding 12 months is not greater than…

§ 5603. Right to Representation Coordinator duties. (a) The Coordinator shall manage the funding provided by the State Court Administrator under § 5604 of this title. (b) The Coordinator shall coordinate, oversee, and organize outreach, engagement, and education events and activi…

§ 5604. State Court Administrator powers and duties. (a) Notwithstanding any provision of Chapter 69 of Title 29 to the contrary, the State Court Administrator shall provide Delaware Volunteer Legal Services with the designated appropriation from the General Assembly to allow the…

§ 5605. Annual report. (a) Not later than August 31 of each year, each designated organization shall report to the Coordinator information on services provided in conformity with requirements developed by the Coordinator. (b) Not later than November 30 of each year, the Coordinat…

§ 5606. Additional required disclosures. A landlord, or “housing authority” as defined under § 4301 of Title 31, shall provide a tenant with informational materials approved by the Coordinator that explain legal representation available to tenants, including a right to representa…

§ 5607. Implementation. (a) The Coordinator shall phase in, over a period of time ending no later than June 30, 2028, provided sufficient funding for full implementation is appropriated, in a manner that the Coordinator determines appropriate, the legal representation required to…

§ 5701. Jurisdiction and venue. An action for summary possession in accordance with § 5702 of this title shall be maintained in the Justice of the Peace Court which hears civil cases in the county in which the premises or commercial rental unit is located. In the event that more …

§ 5701A. Establishing territorial jurisdiction. In any county in which more than 1 Justice of the Peace Court location has been designated to hear civil cases, each court location shall have a geographical area assigned to it for the purpose of establishing jurisdiction over acti…

§ 5701B. Civil jurisdiction; bifurcated claims. Parties aggrieved in matters arising from a commercial lease in which summary possession is sought may split or bifurcate the cause of action and file an action for summary possession and also file a plenary action between the same …

§ 5702. Grounds for summary proceeding. Unless otherwise agreed in a written rental agreement, an action for summary possession may be maintained under this chapter because: (1) The tenant unlawfully continues in possession of any part of the premises after the expiration of the …

§ 5702A. Residential eviction diversion program. (a) (1) Not later than April 27, 2024, the Justice of the Peace Court or the Court’s designee shall establish a residential eviction diversion program to facilitate post-filing eviction dispute resolution between landlords and tena…

§ 5703. Who may maintain proceeding. The proceeding may be initiated by: (1) The landlord; (2) The owner; (3) The tenant who has been wrongfully put out or kept out; (4) The next tenant of the premises, whose term has begun; or (5) The tenant.70 Del. Laws, c. 513, § 4;

§ 5704. Commencement of action and notice of complaint. (a) The proceeding shall be commenced by filing a complaint for possession with the court. (b) Upon commencement of an action, the court shall issue the process specified in the praecipe and shall cause service of the compla…

§ 5704A. Additional documentation relating to lead-based paint hazards [For implementation of this section, see 85 Del. Laws, c. 98, § 5(2)]. (a) When filing a complaint for possession, the landlord must provide documentation to the court demonstrating that the property is in com…

§ 5705. Service and filing of notice. (a) The notice of hearing and the complaint shall be served at least 5 days and not more than 30 days before the time at which the complaint is to be heard. (b) The notice and complaint, together with proof of service thereof, shall be filed …

§ 5706. Manner of service. (a) Service of the notice of hearing and complaint shall be made in the same manner as personal service of a summons in an action. (b) If service cannot be made in such manner, it shall be made by leaving a copy of the notice and complaint personally wi…

§ 5707. Contents of complaint generally. The complaint shall: (1) State the interest of the plaintiff in the rental unit from which removal is sought; (2) State the defendant’s interest in the rental unit and defendant’s relationship to the petitioner with regard thereto; (3) Des…

§ 5708. Additional contents of certain complaints. If possession of the rental unit is sought on the grounds that the tenant has violated or failed to observe a lawful obligation in relation to tenant’s use and enjoyment of the rental unit, the complaint shall, in addition to the…

§ 5709. Answer. At the time when the petition is to be heard, the defendant or any person in possession or claiming possession of the rental unit may answer orally or in writing. If the answer is oral, the substance thereof shall be endorsed on the complaint. The answer may conta…

§ 5710. Trial. Where triable issues of fact are raised, they shall be tried by the court. At the time when an issue is joined, the court, at the application of either party and upon proof to its satisfaction by affidavit or orally that an adjournment is necessary to enable the ap…

§ 5711. Judgment. (a) The court shall enter a final judgment determining the rights of the parties. The judgment shall award to the successful party the costs of the proceeding. (b) The judgment shall not bar an action, proceeding or counterclaim commenced or interposed within 60…

§ 5712. Default judgment. (a) No judgment for the plaintiff shall be entered unless the court is satisfied, upon competent proof, that the defendant has received actual notice of the proceeding or, having abandoned the rental unit, cannot be found within the jurisdiction of the c…

§ 5713. Jury trials. (a) In any civil action commenced pursuant to this chapter, the plaintiff may demand a trial by jury at the time the action is commenced and the defendant may demand a trial by jury within 10 days after being served. Upon receiving a timely demand, the justic…