Title 25, Property

§ 5717. Stay of proceedings on appeal. (a) Nonjury trials. — With regard to nonjury trials, a party aggrieved by the judgment rendered in such proceeding may request in writing, within 5 days after judgment, a trial de novo before a special court comprised of 3 justices of the pe…

§ 5718. Proceedings in forma pauperis. Upon application of a party claiming to be indigent, the Court may authorize the commencement, prosecution or defense of any civil action or civil appeal without prepayment of fees and costs or security therefor by a person who makes an affi…

§ 5719. Landlord regaining possession of residential rental unit upon the death of a deceased sole tenant. (a) Possession of a residential rental unit upon the death of a sole tenant shall be returned to the landlord without an action for summary possession if: (1) An affiant or …

§ 5720. Shielding of records. (a) A defendant in an action under this chapter may apply to the Court in which the action was filed for an order shielding the record of the action. The Court must grant the defendant’s motion if the Court finds any of the following: (1) The judgmen…

§ 5901. Petition for receivership; grounds, notice and jurisdiction. Any tenant or group of tenants may petition for the establishment of a receivership in a Justice of the Peace Court upon the grounds that there has existed for 5 days or more after notice to the landlord: (1) If…

§ 5902. Necessary parties defendant. (a) Petitioners shall join as defendants: (1) All parties duly disclosed to any of them in accordance with § 5105 of this title; and (2) All parties whose interest in the property is: a. A matter of public record; and b. Capable of being prote…

§ 5903. Defenses. It shall be sufficient defense to this proceeding, if any defendant of record establishes that: (1) The condition or conditions described in the petition do not exist at the time of trial; or (2) The condition or conditions alleged in the petition have been caus…

§ 5904. Stay of judgment by defendant. (a) If, after a trial, the Court shall determine that the petition should be granted, the Court shall immediately enter judgment thereon and appoint a receiver as authorized herein; provided, however, prior to the entry to judgment and appoi…

§ 5905. Receivership procedures. The receiver shall be the Division of Consumer Protection of the State or its successor agency. (1) Upon its appointment, the receiver must make within 15 days an independent finding whether there is proper cause shown for the need for rent to be …

§ 5906. Powers and duties of the receiver. The receiver shall have all the powers and duties accorded a receiver foreclosing a mortgage on real property and all other powers and duties deemed necessary by the Court. Such powers and duties shall include, but are not necessarily li…

§ 5907. Discharge of the receiver. (a) In addition to those situations described in § 5905 of this title, the receiver may also be discharged when: (1) The condition or conditions alleged in the petition have been remedied; (2) The property materially complies with all applicable…

§ 6101. Metering and charges for utility services. Whenever any landlord or other person: (1) Purchases utility service from a public utility and redistributes the same to a tenant in a commercial unit and/or in connection with the operation of that commercial unit (e.g., the ope…

§ 6102. Definitions. The following words, terms and phrases, when used in this part, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (1) “Commercial unit” shall mean any lot, structure or portion thereof wh…

§ 6103. 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…

§ 6104. Confession of judgment. A provision of a written rental agreement authorizing a person other than the tenant to confess judgment against the tenant is void and unenforceable.25 Del. C. 1953, § 6104; 58 Del. Laws, c. 472, § 1;

§ 6105. Taxes paid by tenant; setoff against rent; recovery from owner. Any tax laid upon lands or tenements according to law which is paid by or levied from the tenant of such lands or tenements, or a person occupying and having charge of same, shall be a setoff against the rent…

§ 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…

§ 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 …

§ 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…

§ 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…

§ 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 …

§ 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…

§ 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…

§ 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 …

§ 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…

§ 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…

§§ 6501, 6502. Preference of rent in cases of execution; taxes paid by tenant; setoff against rent; recovery from owner [Transferred]. Transferred.

§§ 6503, 6504. Discrimination in renting; refusal to rent because of children in family; increase of rent; penalty; reservation of rental units for use by senior citizens; tenant may obtain summary of Landlord-Tenant Code; ignorance of law as defense [Repealed]. Repealed by 70 De…

§ 6701. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meaning ascribed to them except where the context clearly indicates a different meaning: (1) “Agricultural land,” “farmland” or “rural land” shall mean any parcel, 10 acres or m…

§ 6702. Term of verbal lease and term of lease in which no term expressed; notice to terminate; continuance of lease; leases of tenant houses located on poultry farms. (a) Every verbal lease of agricultural land and every written lease of agricultural land in which no term is exp…

§ 6703. Lease in which term expressed; notice to terminate; continuation of lease. (a) In every written lease of agricultural land, which by its terms is for a definite period, the lease shall terminate on the expiration date thereof; provided, however, the landlord or tenant giv…

§ 6704. Remedy of agricultural landlord. Grantees of reversions and remainders in any lands, tenements or hereditaments let to lease, and their heirs, executors, administrators or assigns, shall have the same remedies, by entry or action, or otherwise, against the lessees, their …

§ 6705. Distress on agricultural leases. (a) Distress will lie for any rent due and owing on agricultural lands, and distraint may be effected on any personalty including a quantity or share of crops being grown by the tenant on the land of the landlord. (b) A distress may be of …

§ 6706. Preference of rent in cases of execution. (a) (1) If grain or other produce, growing or being upon premises held by a tenant, for which rent to be paid is a quantity or share of grain or other produce, is seized by virtue of any process of execution, attachment or sequest…

§ 6707. Removal by tenant of hay. Whenever a tenant at the beginning of that tenant’s tenancy has moved or carried upon the demised premises any hay, the tenant shall at the expiration of that tenant’s tenancy be authorized to remove from the premises, without the consent of the …

§ 6708. Obstruction by tenant; protection afforded tenant’s crops. In the absence of a written contract to the contrary, no tenant of a farm shall obstruct or interfere with the cultivation and care of fruit trees, the seeding of wheat and other grains where by custom or by contr…

§ 6709. Duties of outgoing tenants with respect to corn. Any agricultural tenant who grew corn or who is growing corn the year the tenant surrenders possession of the premises shall harvest all corn which the tenant leaves on the premises at the time of that tenant’s removal. In …

§ 6710. Rent payable with portion of grain or produce. In all cases where land shall be rendered in consideration of the rendering of a portion of the crops raised upon the same, or for a specific amount of grain or other produce, and the tenant shall fail to render such grain or…

§ 6711. Distress of agricultural produce; appraisal. Where the distress is for grain or produce, the person authorized to levy such distress shall summon and cause to be sworn 2 disinterested persons, whose duty it shall be to estimate under oath the money value of the specific a…

§ 6712. Delivery of grain or other produce, or payment of estimated value. The tenant whose goods are distrained in accordance with this chapter shall have that tenant’s election at any time before the goods, chattels and property distrained shall be sold under such distress to d…

§ 6713. Number and compensation of appraisers. No sheriff, constable or other person making distress for rent shall summon more than 2 appraisers of property, and the compensation of the appraisers shall be $5.00 each, to be recovered and paid as other costs in such cases. In dis…

§ 6714. Crops reserved as rent. In all cases of renting lands wherein a share of the growing crop or crops shall be reserved as rent, said rent reserved shall be a lien upon such crop or crops, and such crop or crops shall not be seized in bankruptcy or insolvency, or by process …

§ 6715. Lien on crops. In all cases of renting land wherein a share of the growing crop or crops shall be reserved as rent, or wherein advances are made by the landlord upon the faith of the crops to be grown, said rent reserved and such advances made shall be a lien on such crop…

§ 6716. 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…

§ 6717. Taxes paid by tenant; setoff against rent; recovery from owner. Any tax laid upon lands or tenements according to law which is paid by or levied from the tenant of such lands or tenements, or a person occupying and having charge of same, shall be a setoff against the rent…

§ 6718. Jurisdiction; service of process. An action for possession involving an agricultural lease shall be heard by the Justice of the Peace Court which hears civil cases in the county in which the property is located. In the event that the property involved in the litigation is…