Title 25, Property

§ 7052. Rent justification; when §§ 7052A and 7052B of this title do not apply [For application of this section, see 79 Del. Laws, c. 304, § 7]. (a) (1) This section applies to rent increases for all single-year and for all multiple-year leases entered into or renewed upon expira…

§ 7052A. Rent increase; justified base rent increase calculations. (a) (1) This section applies to a lease when notice of a rent increase is provided on or after July 1, 2022. (2), (3) [Repealed.] (b) (1) If a community owner is in compliance with § 7051A of this title, a communi…

§ 7052B. Rent increase; justified additional rent increase for allowed expenses. (a) A community owner may increase rent under this section, in addition to a rent increase under § 7052A of this title, if the community owner is in compliance with all of the following: (1) Sections…

§ 7053. Rent increase dispute resolution [For application of this section, see 79 Del. Laws, c. 304, § 7, and 80 Del. Laws, c. 229, § 3]. (a) (1) This section applies to rent increases under §§ 7052, 7052A(d), and 7052B of this title. (2) The Authority must maintain a form final …

§ 7054. Appeal [For application of this section, see 79 Del. Laws, c. 304, § 7 and 80 Del. Laws, c. 229, § 3]. The community owner, the homeowners’ association, or any affected homeowner may appeal the decision of the arbitrator under § 7053(k) of this title, within 30 days of th…

§ 7055. Penalties [For application of this section, see 79 Del. Laws, c. 304, § 7]. A community owner who raises a homeowner’s rent without complying with this subchapter, must immediately reduce the rent to the amount in effect before the unauthorized increase and rebate the una…

§ 7056. Exemption [For application of this section, see 79 Del. Laws, c. 304, § 7]. (a) Resident-owned communities shall be exempt from the provisions of this subchapter. (b) Any deed subject to lease community shall be exempt from the provisions of this subchapter. A deed subjec…

§ 7061. Petition for receivership. (a) Any tenant, or group of tenants, or the Attorney General, 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 of any of …

§ 7062. Necessary parties defendant. (a) Petitioners shall join all of the following as defendants: (1) All parties duly disclosed to any of them in accordance with § 7066 of this title. (2) All parties whose interest in the property is a matter of public record, and whose intere…

§ 7063. Defenses. It shall be a sufficient defense to this proceeding if any defendant of record establishes any of the following: (1) The condition or conditions described in the petition do not exist at the time of trial. (2) The condition or conditions alleged in the petition …

§ 7064. 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 of judgment and appoin…

§ 7065. Receivership procedures. (a) The receiver shall be the Division of Consumer Protection of this State, or its successor agency. (b) (1) Upon its appointment, the receiver shall make within 15 days an independent finding whether or not there is proper cause shown for the ne…

§ 7066. Powers and duties of 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 include collecting and using all rents and p…

§ 7067. Discharge of receiver; costs. (a) In addition to those situations described under § 7065 of this title, the receiver may also be discharged when all of the following have occurred: (1) The condition or conditions alleged in the petition have been remedied. (2) The propert…

§ 7068. Attorney General intervention. The Attorney General may intervene in any action brought under this subchapter.85 Del. Laws, c. 205, § 2;

§ 7101. Purpose of chapter. This chapter provides a procedure for the orderly transition of a manufactured home community from single-unit rental to multiple-unit usage as a manufactured home condominium or cooperative community.64 Del. Laws, c. 14, § 2; 74 Del. Laws, c. 35, § 6;

§ 7102. Definitions. For purposes of this chapter: (1) “Affected local community” shall mean the municipality or county in which the largest portion of the real property which has been proposed as a conversion project is situated. An “affected local government” shall mean the ele…

§ 7103. Requisites for conversion. (a) The conversion to multiple-unit usage of any real property on which a manufactured home community is situated shall be permitted only where the vacancy rate of manufactured home sites in the affected local community constitutes 5 percent or …

§ 7104. Conversion plan. Where real property is being utilized as a manufactured community, such real property cannot be converted to multiple-unit usage until the owner of such property has filed a true copy of the conversion plan with the Attorney General; with the office of th…

§ 7105. Notice requirements. (a) Preliminary notice period. — Any owner of real estate on which a manufactured home community is located who wishes to convert such property to multiple-unit usage shall provide a written preliminary notice to each tenant, and to the tenants’ assoc…

§ 7106. Approval by Attorney General. No conversion of real property on which a manufactured home community is situated shall be lawful unless such conversion has received the approval of the Attorney General after a thorough review the conversion plan to determine compliance wit…

§ 7107. Extension and termination of leases. (a) Any tenant at the time of the preliminary notice grace period shall be entitled to have the tenant’s lease extended, on the same terms and conditions as the immediately preceding lease, until the expiration of the grace period. Not…

§ 7108. Option to purchase; right of first refusal; rescission of contract to purchase; nonpurchasing tenant with children attending school. (a) Where there is a tenants’ association in existence at the time of the preliminary notice, the owners of the real property which is to b…

§ 7109. Rights of nonpurchasing tenants. (a) All manufactured home sites occupied by nonpurchasing tenants shall be managed by the same manager or agent who manages all other units in the manufactured home community. The owner shall provide to nonpurchasing tenants all services a…

§ 7110. Rights of tenant during conversion. (a) After the filing of a conversion plan, during the grace period, no owner may evict or fail to renew the lease of a tenant of a manufactured home community which is the site of a proposed conversion; provided, however, that eviction …

§ 7111. Tenants who are elderly or have disabilities. In addition to the protection provided to tenants under this chapter, the following provisions shall apply on behalf of any tenant who has a disability or who is 65 years of age or older: (1) The owner shall supply a list of a…

§ 7112. Eviction; access to comparable housing. (a) Where, at the conclusion of the grace period, a tenant is evicted by order of court solely as a result of the conversion, the owner shall pay for all expenses incurred by such tenant in moving into the tenant’s new residence. If…

§ 7113. Penalties; jurisdiction. (a) Civil penalties. — (1) Where an owner violates a provision of § 7105 of this title any action taken by the owner to convert the real property on which a manufactured home community is located into multiple-unit usage shall be invalid; provided…

§ 7114. Modification or waiver of chapter. (a) Except as otherwise provided in this section, any provision in a lease or other agreement which waives or modifies any provision of this chapter shall be void and unenforceable as against public policy. An owner and tenant may, howev…

§ 81-101. Short title. This chapter shall be known and may be cited as the “Delaware Uniform Common Interest Ownership Act” or “DUCIOA”.76 Del. Laws, c. 422, § 2; 77 Del. Laws, c. 91, § 82;

§ 81-102. Applicability. Applicability of this chapter is governed by this subchapter I.76 Del. Laws, c. 422, § 2; 77 Del. Laws, c. 4, § 1; 77 Del. Laws, c. 91, § 82;

§ 81-103. Definitions. In this chapter and documents prepared to create a common interest community pursuant to this chapter, unless specifically provided otherwise herein or therein, terms shall have the meaning attributed to them in this section: (1) “Affiliate of a declarant” …

§ 81-104. Variation by agreement. Except as expressly provided in this chapter, the effect of its provisions may not be varied by agreement, and rights conferred by it may not be waived. Except as provided in § 81-122 of this title, a declarant may not act under a power of attorn…

§ 81-105. Separate titles and taxation. (a) In a cooperative, unless the declaration provides that a unit owner’s interest in a unit and its allocated interests is real estate for all purposes, that interest is personal property. That interest is subject to the provisions of home…

§ 81-106. Applicability of local ordinances, regulations, and building codes. (a) A building code may not impose any requirement upon any structure in a common interest community which it would not impose upon a physically identical development under a different form of ownership…

§ 81-107. Eminent domain. (a) If a unit is acquired by eminent domain or part of a unit is acquired by eminent domain leaving the unit owner with a remnant that may not practically or lawfully be used for any purpose permitted by the declaration, the award must include compensati…

§ 81-108. Supplemental general principles of law applicable. The principles of law and equity, including the law of corporations and any other form of business organization authorized by law in this State, the law of real property, and the law relative to capacity to contract, pr…

§ 81-109. Construction against implicit repeal. This chapter being a general act intended as a unified coverage of its subject matter, no part of it shall be construed to be impliedly repealed by subsequent legislation if that construction can reasonably be avoided.76 Del. Laws, …

§ 81-110. Uniformity of application and construction. This chapter shall be applied and construed so as to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.76 Del. Laws, c. 422, § 2; 77 Del. Laws, c. 91, §…

§ 81-111. Severability. If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provisions or applicat…

§ 81-112. Unconscionable agreement or term of contract. (a) The court, upon finding as a matter of law that a contract or contract clause was unconscionable at the time the contract was made, may refuse to enforce the contract, enforce the remainder of the contract without the un…

§ 81-113. Obligation of good faith. Every contract or duty governed by this chapter imposes an obligation of good faith in its performance or enforcement.76 Del. Laws, c. 422, § 2; 77 Del. Laws, c. 91, § 82;

§ 81-114. Remedies to be liberally administered. (a) The remedies provided by this chapter shall be liberally administered to the end that the aggrieved party is put in as good a position as if the other party had fully performed. However, consequential, special, or punitive dama…

§ 81-115. Relation to Electronic Signatures in Global and National Commerce Act. This chapter modifies, limits and supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001, et seq.) but does not modify, limit or supersede § 101(c) of that…

§ 81-116. Applicability to new common interest communities; effective date. (a) Except as provided in this subchapter, this chapter applies to all common interest communities created within this State after the effective date that are not excepted from this chapter by the provisi…

§ 81-117. Exception for small condominiums and cooperatives. If a condominium or cooperative contains no more than 20 units and is not subject to any development rights expanding it to include more than 20 units, it is subject only to §§ 81-106 (Applicability of local ordinances,…