25 Del. C. § 2736 — Delaware Code / Title 25 / Chapter 27 / Subchapter III / Section 2736
§ Â
        2736. Execution by levari facias; form.
Status: in_force

The execution of every judgment entered in the Superior Court upon transcript under the provisions of this subchapter shall be by writ of levari facias in the following form:

“County, ss.:

The State of Delaware.

To the Sheriff of said County, Greeting:

We command you that without any other writ from us, of the following described building and lot of ground, to wit (describing the same according to the record) in your bailiwick, you cause to be levied as well a certain debt of , which lately before one of the justices of the peace for the County aforesaid recovered against to be levied of the said building and lot of ground, as also the interest thereon from the day of A.D. , and also the sum of for the costs which accrued thereon according to the form and effect of an Act of the General Assembly in such cases made and provided, and have you there the moneys before our Judges at , at our Superior Court in and for the County of , there to be held on the day of next, to render unto the said for the debt, interest and costs aforesaid and have you then there this writ.

Witness (as in similar writs).
25 Del. C. § 211 — Delaware Code / Title 25 / Chapter 2 / Section 211
§ Â
        211. Revocation by instrument authorized; revocation by act not permitted.
Status: in_force

(a) Subject to subsection (b) of this section, an instrument is effective to revoke a recorded transfer on death deed, or any part of it, only if the instrument meets all of the following:

(1) Is 1 of the following:

a. A transfer on death deed that revokes the transfer on death deed or part of the transfer on death deed expressly or by inconsistency.

b. An instrument of revocation that expressly revokes the transfer on death deed or part of the transfer on death deed.

c. An inter vivos deed that expressly revokes the transfer on death deed or part of the transfer on death deed.

(2) Is acknowledged by the transferor after the acknowledgment of the transfer on death deed being revoked and recorded before the transferor’s death in the public records in the office of the recorder of deeds of the county where the transfer on death deed is recorded.

(3) Is witnessed by 2 individuals.

(b) If a transfer on death deed is made by more than 1 transferor, all of the following applies:

(1) Revocation by 1 transferor does not affect the transfer on death deed as to the interest of another transferor.

(2) A transfer on death deed of joint owners is revoked only if the transfer on death deed is revoked by all of the living joint owners.

(c) After a transfer on death deed is recorded, the transfer on death deed may not be revoked by a revocatory act on the transfer on death deed.

(d) This section does not limit the effect of an inter vivos transfer of the property.
25 Del. C. § 6706 — Delaware Code / Title 25 / Chapter 67 / Subchapter I / Section 6706
§ Â
        6706. Preference of rent in cases of execution.
Status: in_force

(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 sequestration, such agricultural produce shall be first applied to the payment of the year’s rent before it is applied to the payment of other debts of the tenant.

(2) Any agricultural produce remaining after the payment of the year’s rent shall be applied to other debts of the tenant before process is issued against other personalty.

(3) If the rent is to be paid by a particular crop, whatever amount of that particular crop is found upon the premises shall be first taken as payment or part payment of that rent.

(4) If the crops are still planted or growing, the person executing upon such crops shall be responsible for the proper cultivation and care of the crops.

(5) No person shall remove the grain or produce of an agricultural tenant who is in arrears for rent without either paying the rent proper to be rendered from such property, or giving, or tendering to the landlord or other person entitled to the rent, good security for payment of the same.

(b) In the case of a removal of agricultural produce in violation of this section, the landlord or other person entitled to the rent may immediately follow and distrain upon the produce removed, and may proceed in the same manner as if the rent had been in arrears at the time of removal.
25 Del. C. § 4101 — Delaware Code / Title 25 / Chapter 41 / Section 4101
§ Â
        4101. Priority of lien.
Status: in_force

The owner of a threshing machine, corn picker or hay baler shall have first lien upon any wheat, corn, hay or other grain threshed, picked or baled by that owner with the threshing machine, corn picker or hay baler to the full amount of the owner’s claim or bill for threshing, picking or baling the same. If any chattel mortgage or other lien or claim of any kind whatsoever is placed upon any such wheat, corn, hay or other grain, either before or after the same is threshed, picked or baled, such chattel mortgage or other lien or claim shall always be subject to such claim for threshing, picking or baling; and, in case of the sale of any such wheat, corn, hay or other grain, upon any claim whatsoever, the claim for threshing, picking or baling the same shall be paid out of the proceeds of any such sale before any part of such proceeds of such sale is applied to any other claim.
25 Del. C. § 3908 — Delaware Code / Title 25 / Chapter 39 / Section 3908
§ Â
        3908. Remedy of owner.
Status: in_force

The owners or other persons claiming an interest in the property, in addition to the right to a hearing as provided herein, shall have the right to file an action in replevin or detinue at any time in accordance with Chapter 95 of Title 10, and no bond shall be required to be posted as a prerequisite to the filing of such an action or the issuance of the writ.
25 Del. C. § 4604 — Delaware Code / Title 25 / Chapter 46 / Section 4604
§ Â
        4604. Improvements; priority of lien; transfer of lien upon executed sale.
Status: in_force

Any lien filed pursuant to this chapter shall have priority over any other lien upon or interest in the lands and premises upon which the building or structure which has received exterior improvements was situated, even though such other lien was entered of record or such interest vested prior to the date of filing of the lien arising under this chapter, excepting any lien for taxes. In the case of sale under execution process of any premises upon which any lien for such public expenditures exists, the lien shall be transferred to the fund arising from the sale in the hands of the officer making the sale, and the premises so sold shall be discharged therefrom.
25 Del. C. § 5305 — Delaware Code / Title 25 / Chapter 53 / Section 5305
§ Â
        5305. Landlord obligations relating to the rental unit [For implementation of this section, see 85 Del. Laws, c. 98, Â 5(2)].
Status: in_force

(a) The landlord shall, at all times during the tenancy, do all of the following:

(1) Comply with all applicable provisions of any state or local statute, code, regulation or ordinance governing the maintenance, construction, use or appearance of the rental unit and the property of which it is a part.

(2) Provide a rental unit which shall not endanger the health, welfare or safety of the tenants or occupants and which is fit for the purpose for which it is expressly rented.

(3) Keep in a clean and sanitary condition all common areas of the buildings, grounds, facilities and appurtenances thereto which are maintained by the landlord.

(4) Make all repairs and arrangements necessary to put and keep the rental unit and the appurtenances thereto in as good a condition as they were, or ought by law or agreement to have been, at the commencement of the tenancy.

(5) Maintain all electrical, plumbing and other facilities supplied by the landlord in good working order.

(6) Provide a rental unit that is free of lead-based paint hazards and certified as lead safe or lead free as required by Chapter 54 of this title.

(b) If the rental agreement so specifies, the landlord shall:

(1) Provide and maintain appropriate receptacles and conveniences for the removal of ashes, rubbish and garbage and arrange for the frequent removal of such waste; and

(2) Supply or cause to be supplied, water, hot water, heat and electricity to the rental unit.

(c) The landlord and tenant may agree by a conspicuous writing, separate from the rental agreement, that the tenant is to perform specified repairs, maintenance tasks, alterations or remodeling, but only if:

(1) The particular work to be performed by the tenant is for the primary benefit of the rental unit; and

(2) The work is not necessary to bring a noncomplying rental unit into compliance with a building or housing code, ordinance or the like; and

(3) Adequate consideration, apart from any provision of the rental agreement, or a reduction in the rent is exchanged for the tenant’s promise. In no event may the landlord treat any agreement under this subsection as a condition to any provision of rental agreements; and

(4) The agreement of the parties is entered into in good faith and is not for the purpose of evading an obligation of the landlord.

(d) Evidence of compliance with the applicable building and housing codes shall be prima facie evidence that the landlord has complied with this chapter or with any other chapter of Part III of this title.
25 Del. C. § 5004 — Delaware Code / Title 25 / Chapter 50 / Section 5004
§ Â
        5004. Voluntary reimbursement.
Status: in_force

The Department shall accept reimbursement for medical assistance it has rendered when voluntarily offered by a current or former recipient of long-term care or someone acting on the recipient’s behalf to offset any recovery under § 5003 of this title.
25 Del. C. § 121 — Delaware Code / Title 25 / Chapter 1 / Subchapter II / Section 121
§ Â
        121. Form of deed; legal effect; other forms as valid.
Status: in_force

(a) The following shall be a sufficient form of deed for the conveyance of real estate:

This Deed made this ________________________________________________________________ day of ________________________________________________________________, A.D. ________________________________________________________________

Between A. B., of ________________________________________________________________, party of the first part and C. D. of ________________________________________________________________, party of the second part.

Witnesseth, that the said party of the first part for and in consideration of the sum of ________________________________________________________________, the receipt whereof is hereby acknowledged, hereby grants and conveys unto the said party of the second part.

ALL

________________

________________

(Description of premises).

________________

________________

(Recital of title).

In witness whereof, the said party of the first part hath hereunto set the party of the first part’s hand and seal.

Sealed and Delivered in ________________________________ (Seal)

The Presence of:

______________________________________________________

______________________________________________________

(b) A deed in the form prescribed in subsection (a) of this section, duly executed and acknowledged, unless otherwise restricted or limited, or unless contrary intention appears therein, shall be construed to pass and convey to the grantee therein and to the grantee’s heirs and assigns the fee simple title or other whole estate or interest which the grantor could lawfully convey in and to the property therein described together with the tenements, hereditaments, franchises and appurtenances thereunto belonging, and the reversions and remainders, rents, issues and profits thereof. The words “grant and convey” in any deed shall, unless specifically restricted or limited operate as a special warranty against the grantor and the grantor’s heirs and all persons claiming under the grantor or them. Nothing contained in this section shall invalidate a deed not made in the form prescribed in subsection (a) of this section, but a deed made in the form heretofore in common use within this State shall be valid and effectual.
25 Del. C. § 6708 — Delaware Code / Title 25 / Chapter 67 / Subchapter I / Section 6708
§ Â
        6708. Obstruction by tenant; protection afforded tenantâs crops.
Status: in_force

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 contract such seeding is to be done by the incoming tenant or the setting of plants necessary for future crops, by the landlord or that landlord’s incoming tenant, their agents and employees, but no injury may be done to growing crops of the tenant, and such tenant shall remove or carry over such crops as is the custom in the community at a reasonable time to permit the seeding or setting of plants.
25 Del. C. § 7046 — Delaware Code / Title 25 / Chapter 70 / Subchapter V / Section 7046
§ Â
        7046. Delaware Manufactured Home Owner Attorney Fund.
Status: in_force

(a) The Delaware Manufactured Home Owner Attorney Fund is established through funding provided under § 7042 of this title to provide legal representation and advocacy for manufactured homeowners in disputes with community owners.

(b) The Department of Justice must enter into a contract, under the requirements of subchapter VI, Chapter 69 of Title 29, for a person to assist and represent manufactured homeowners in disputes with community owners with matters that include all of the following:

(1) Providing educational materials and presentations for manufactured homeowners on their rights as manufactured homeowners.

(2) Forming a homeowners association.

(3) Defending an eviction.

(4) Enforcing a breach of a lease agreement by a community owner.

(5) Remedying the failure of a community owner to maintain communities in a manner consistent with local, state, and federal health and safety rules, regulations, and laws.

(6) Challenging a potentially unenforceable term in a lease agreement.

(7) Challenging a potentially unenforceable community rule.

(8) Challenging a rent increase under subchapter III of this chapter, if all of the following apply:

a. The proposed rent increase is 3% or higher plus the CPI-U as defined in § 7052 of this title.

b. The challenge is requested by either of the following:

1. The homeowners association that represents 25% or more of the homeowners.

2. A simple majority or more of the homeowners who received notice of the proposed rent increase under § 7043 of this title, calculated based on 1 vote for each home that received notice.

(c) Not less than quarterly, the Authority shall issue a voucher to the Division of Revenue directing the Division of Revenue to issue a check to the Department of Justice in the amount of the assessments collected under § 7042(g)(1)d. of this title.

(d) The Department of Justice shall file an annual report with the General Assembly October 1 of each year that shall provide all of the following information as of the end of the prior fiscal year:

(1) The amount in the Attorney Fund.

(2) The amount that was spent in the previous year.

(3) The number of cases the contracted attorney worked on in the previous year.

(4) The number of manufactured homeowners who were represented by the contracted attorney in the previous year.
25 Del. C. § 1303 — Delaware Code / Title 25 / Chapter 13 / Section 1303
§ Â
        1303. Fence-viewers; appointment; powers; quorum; compensation.
Status: in_force

(a) The Superior Court shall annually appoint not more than 8 nor less than 5 persons in each hundred to be fence-viewers. The fence-viewers shall be the sole judges of the sufficiency of any fences, of the charges of making or repairing partition or other fences, and how borne, and of damages by animals trespassing.

(b) Any 3 of the fence-viewers may act, and the majority of those acting may decide any pertinent matter.

(c) The person whose name heads the list of fence-viewers in the respective hundreds shall act as chair, and in that person’s absence the second person so listed shall be chair, and in that second person’s absence the chair shall be the next in order of the names listed. The chair shall make a record of the terms of settlement in each dispute and shall keep such records available until all terms of settlement have been complied with. One month before the date of appointing fence-viewers for the ensuing year, the chair shall submit to the prothonotary of the respective counties the names of any present members who desire their names to be removed from the list of fence-viewers, stating the reasons therefor.

(d) The fence-viewers shall be allowed $8.00 per day and 7 cents per mile for travel to and from the point of dispute. The chair shall receive in addition to fees received by other members the further sum of $1.00 for each day as stated. The fees and mileage allowances shall be paid for each necessary trip made in connection with a dispute.

(e) The chair shall submit and certify to the Levy Court or County Council of the county in which services as fence-viewers have been performed a list of the names of those fence-viewers who have acted in each case specifying the amount of fees due to each fence-viewer. The Levy Court or County Council of the county in which such list is submitted, properly certified to as aforesaid, shall make payment of the amount of money shown to be due thereon to each fence-viewer out of any moneys in the county treasury not otherwise appropriated.
25 Del. C. § 2214 — Delaware Code / Title 25 / Chapter 22 / Subchapter III / Section 2214
§ Â
        2214. Certain work prohibited.
Status: in_force

No unit owner shall do any work which would jeopardize the soundness or safety of the property or impair any easement or hereditament without the unanimous consent of the unit owners affected thereby.
25 Del. C. § 6103 — Delaware Code / Title 25 / Chapter 61 / Section 6103
§ Â
        6103. Preference of rent in cases of execution.
Status: in_force

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 sequestration, the goods and chattels shall be liable for 1 year’s rent of the premises in arrear, or growing due, at the time of the seizure, in preference to such process; accordingly the landlord shall be paid such rent, not exceeding 1 year’s rent, out of the proceeds of the sale of such goods and chattels, before anything shall be applicable to such process.

(2) The sheriff, or other officer, who sells the goods and chattels of a tenant upon process of execution, attachment or sequestration shall at least 10 days before such sale give written notice of the time and place thereof to the landlord, if residing in the county, and if not, to any known agent of the landlord in the county.
25 Del. C. § 6712 — Delaware Code / Title 25 / Chapter 67 / Subchapter I / Section 6712
§ Â
        6712. Delivery of grain or other produce, or payment of estimated value.
Status: in_force

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 deliver the rent of grain or other produce or proportion of crops to the landlord, or to pay the landlord the estimated value, together in both cases with the expense of said distress; whereupon all proceedings in the said distress shall cease. But nothing herein contained shall limit the tenant from any action to recover goods unlawfully taken or to take any action to contest the fairness of such valuation.
25 Del. C. § 1404 — Delaware Code / Title 25 / Chapter 14 / Section 1404
§ Â
        1404. Abatement of action.
Status: in_force

An action begun under this chapter shall not abate by the death of either party thereto, but shall be continued by the administrator or executor.
25 Del. C. § 729 — Delaware Code / Title 25 / Chapter 7 / Subchapter II / Section 729
§ Â
        729. Appointment of trustee for public sale of premises; conveyance by trustee.
Status: in_force

If from the return of the commissioners it appears that no partition of the premises has been made, and the return is approved by the Court, or if it is shown otherwise to the Court that partition of the premises will be detrimental to the interests of the parties entitled, the Court shall make an order for the sale of the premises by a trustee appointed for that purpose, at public vendue, to the highest bidder, upon notice of the time and place of the sale as prescribed in the order. After the sale is approved by the Court, and the purchase money is first paid into Court, or secured in such manner as the Court directs, the Court shall order a deed to be executed by the trustee conveying the premises to the purchaser.
25 Del. C. § 2729 — Delaware Code / Title 25 / Chapter 27 / Subchapter II / Section 2729
§ Â
        2729. Discharge of lien on payment into Court or entry of security.
Status: in_force

(a) Cash deposit. — Any claim filed hereunder shall, upon petition of the owner or any party in interest, be discharged as a lien against the property whenever a sum equal to the amount of the claim shall have been deposited with the Court in said proceedings for application to the payment of the amount finally determined to be due. Said petition shall include an affidavit by the owner or party in interest setting forth which parts of the claim filed hereunder are disputed and which parts are not disputed. The nondisputed part of the claim shall be paid to the claimant before the lien against the property is discharged. If it is finally determined by the Court that the disputed portion of the claim has been grossly overstated by the affiant, the Court may, in its discretion, award damages to the claimant against the affiant in an amount up to twice the figure stated by the affiant to be disputed.

(b) Refund of excess. — Any excess of funds paid into Court as aforesaid, over the amount of the claim or claims determined and paid therefrom, shall be refunded to the owner or party depositing same upon application.

(c) Security in lieu of cash. — In lieu of the deposit of any such sum or sums in cash, approved security may be entered in such proceedings in an amount which the Court shall approve, which, however, shall in no event be less than the full amount of such required deposit; and the entry of such security shall entitle the owner to have such liens discharged to the same effect as though the required sums have been deposited in Court as aforesaid.

(d) Authority of Court. — The Court, upon petition filed by any party, and after notice and hearing, may upon cause shown:

(1) Require the increase or decrease of any deposit or security;

(2) Strike off security improperly filed;

(3) Permit the substitution of security and enter an exoneration of security already given.
25 Del. C. § 7028 — Delaware Code / Title 25 / Chapter 70 / Subchapter IV / Section 7028
§ Â
        7028. Right of first offer; notice not required before sale of manufactured home community.
Status: in_force

A manufactured home community owner is not required to give notice of or extend a right of first offer to a homeowner association, DMHOA or its successor, or the Authority under the any of the following circumstances:

(1) A bank, mortgage company, or any other mortgagee has foreclosed on the community and the mortgagee is selling the community at a foreclosure sale, or is selling the community after having purchased the community at a foreclosure sale.

(2) The sale, transfer, or conveyance of the community is to a family member of the community owner on the modified Table of Consanguinity under § 7014 of this title or to a trust, the beneficiaries of which are family members of the owner on the modified Table of Consanguinity; or the sale, transfer, or conveyance is to a family member on the modified Table of Consanguinity who is included within the line of intestate succession if the community owner dies intestate.

(3) The sale, transfer, or conveyance is by a partnership to 1 or more of its partners.

(4) The sale, transfer, or conveyance is between joint tenants or tenants-in-common.

(5) The sale, transfer, or conveyance is by gift, devise, or operation of law.

(6) The sale, transfer, or conveyance is pursuant to eminent domain.

(7) The sale, transfer, or conveyance is to an affiliate. An “affiliate” means an individual, corporation, limited partnership, unincorporated association, or entity that holds any direct or indirect ownership interest in the community, except that the notice and extension of the right of first offer must be granted to a homeowner association where the majority interest in the ownership of the community or the power, directly or indirectly, to direct or cause the direction of the management and policies over the community, whether through ownership of voting stock, by contract, or otherwise, is sold, transferred, or conveyed to any individual, corporation, limited partnership, unincorporated association, or other entity which has not held such a direct or indirect ownership interest in the community for 3 or more years.

(8) The sale, transfer, or conveyance is an exchange of the manufactured housing community for all, or substantially all, of other real property under § 1031 of the Internal Revenue Code (26 U.S.C. § 1031) or any other provision of the Internal Revenue Code that allows for exchanges or tax-free exchanges, regardless of whether the exchange also involves the payment of cash or other consideration.

(9) A change in use of the manufactured home community by the existing community owner.
25 Del. C. § 7030 — Delaware Code / Title 25 / Chapter 70 / Subchapter IV / Section 7030
§ Â
        7030. Right of first offer; offer of an alternative price.
Status: in_force

(a) An alternative offer of price for the sale, transfer, or conveyance of the community from the homeowner association remains valid for 6 months, unless withdrawn by the homeowner association in writing and sent to the community owner by overnight service with signature receipt. If the community is still for sale at the expiration of the initial 6-month alternative offer period, the homeowners association shall have the right to refresh their alternative offer within 7 days of its expiration upon written notice to the community owner. The refreshed offer will be valid for 6 months. The homeowners association shall have the right to refresh their offer every 6 months until the property is sold or 18 months has elapsed from the time notice was provided under § 7027(a) of this title, whichever comes first. The alternative offer and any refreshed alternative offer may be amended at any time upon written notice to the community owner. In the event a community owner decides they no longer want to sell a community after having provided the homeowners association with the notice of first offer, any outstanding alternative offer shall be void. The community owner shall promptly notify the homeowners association of their decision to remove the community from the market.

(b) A notice to withdraw an alternative offer must be approved by the members of the homeowners association. The approval percentage must be stated in the notice to the community owner.
25 Del. C. § 4305 — Delaware Code / Title 25 / Chapter 43 / Section 4305
§ Â
        4305. Recording of liens; fees.
Status: in_force

(a) Every prothonotary shall, at the expense of the county, provide a suitable, well-bound book, to be called the Hospital Lien Docket, in which, upon the filing of any lien claim under this chapter, the prothonotary shall enter the name of the injured person, the date of the accident, the name of the hospital or other institution making the claim and the filing of an affidavit setting forth the service of or attempts to serve of all parties in interest.

(b) The prothonotary shall make a proper index of the Docket in the name of the injured person and shall be entitled to $1 for filing each claim and at the rate of 25 cents per folio for such entry made in the Lien Docket and 25 cents for every search in the office for such lien claim.
25 Del. C. § 152 — Delaware Code / Title 25 / Chapter 1 / Subchapter III / Section 152
§ Â
        152. Recording as affecting lands in county of recording.
Status: in_force

The recording of a deed or instrument in the recorder’s office for 1 county shall have effect only in respect to lands or tenements mentioned in the deed or instrument situate in such county.
25 Del. C. § 5717 — Delaware Code / Title 25 / Chapter 57 / Section 5717
§ Â
        5717. Stay of proceedings on appeal.
Status: in_force

(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 peace other than the justice of the peace who presided at the trial, as appointed by the chief magistrate or a designee, which shall render final judgment, by majority vote, on the original complaint within 15 days after such request for a trial de novo. No such request shall stay proceedings on such judgment unless the aggrieved party, at the time of making such request, shall execute and file with the Court an undertaking to the successful party, with such bond or other assurances as may be required by the Court, to the effect that the aggrieved party will pay all costs of such proceedings which may be awarded against that party and abide the order of the Court therein and pay all damages, including rent, justly accruing during the pendency of such proceedings. All further proceedings in execution of the judgment shall thereupon be stayed.

(b) An appeal taken pursuant to subsection (a) of this section may also include claims and counter-claims not raised in the initial proceeding; provided, that within 5 days of the filing of the appeal, the claimant also files a bill of particulars identifying any new issues which claimant intends to raise at the hearing which were not raised in the initial proceeding.

(c) Jury trials. — With regard to jury trials, a party aggrieved by the judgment rendered in such proceeding may request, in writing, within 5 days after judgment, a review by an appellate court comprised of 3 justices of the peace other than the justice of the peace who presided at the jury trial, as appointed by the chief magistrate or a designee. This review shall be on the record and the party seeking the review must designate with particularity the points of law which the party appealing feels were erroneously applied at the trial court level. The decision on the record shall be by majority vote. No such request shall stay proceedings on such judgment unless the aggrieved party, at the time of making such request, shall execute and file with the Court an undertaking to the successful party, with such bond or other assurances as may be required by the Court, to the effect that the aggrieved party will pay all costs of such proceedings which may be awarded against that party and abide the order of the Court therein and pay all damages, including rent, justly accruing during the pendency of such proceedings. All further proceedings in execution of the judgment shall thereupon be stayed.

(d) The Court shall not issue the writ of possession during the 5-day appeal period. After the 5-day appeal period has ended, the Court may issue the writ of possession at the plaintiff’s request if the defendant has filed an appeal, but not filed a bond or other assurance or an in forma pauperis request to stay the issuance of the writ of possession. If the plaintiff executes on the writ of possession prior to a determination of the appeal and the appealing party is ultimately successful, then the plaintiff shall be responsible for reasonable cover damages (including, but not limited to, the cost of substitute housing or relocation) for the period of the dispossession as a result of the execution of the writ of possession, plus court costs and fees.

(e) An aggrieved party may appeal in forma pauperis if the Court grants an application for such status. In that event, the Court may waive the filing fee and bond for a trial de novo, a trial on the record or a request to stay the writ of possession.

(f) An appeal taken pursuant to this section may include any issue on which judgment was rendered at the trial court level, including the issue of back rent due, any other statute to the contrary notwithstanding.
25 Del. C. § 7003 — Delaware Code / Title 25 / Chapter 70 / Subchapter I / Section 7003
§ Â
        7003. Definitions.
Status: in_force

For purposes of this chapter:

(1) “Agreement” means a written rental agreement.

(2) “Authority” or “DEMHRA” means the Delaware Manufactured Home Relocation Authority.

(3) “Common area” means shared land or facilities within a manufactured home community over which the landlord retains control.

(4) “Community owner” or “landlord” means the owner of 2 or more manufactured home lots offered for rent. It includes a lessor, sublessor, park owner, or receiver of 2 or more manufactured home lots offered for rent, as well as any person, other than a lender not in possession, who directly or indirectly receives rents for 2 or more manufactured home lots offered for rent and who has no obligation to deliver such rents to another person.

(5) “CPI-U” means the Consumer Price Index for All Urban Consumers in the Philadelphia-Camden-Wilmington region.

(6) “DMHOA” means the Delaware Manufactured Homeowners’ Association.

(7) “Guest” or “visitor” means a person who is not a tenant or resident of a manufactured home community and who is on the premises of the manufactured home community with the express or implied permission of a tenant or resident of the community.

(8) “Heir” means someone who obtains an interest in a manufactured home as the result of the death of another person. This includes obtaining an interest through a will, intestate succession, or transfer on death designation.

(9) “Holdover” means a tenant who retains possession of a rented lot in a manufactured home community after the termination, nonrenewal, or expiration of a rental agreement governing the rented lot.

(10) “Homeowner” or “tenant” means an owner of a manufactured home who has a tenancy of a lot in a manufactured home community; a lessee.

(11) “Landlord” or “community owner” means the owner of 2 or more manufactured home lots offered for rent. It includes a lessor, sublessor, park owner, or receiver of 2 or more manufactured home lots offered for rent, as well as any person, other than a lender not in possession, who directly or indirectly receives rents for 2 or more manufactured home lots offered for rent and who has no obligation to deliver such rents to another person.

(12) “Lease” or “rental agreement” means a written contract between a landlord and a tenant establishing the terms and conditions whereby a manufactured home is placed upon or is allowed to remain upon a rented or leased lot in a manufactured home community.

(13) “Manufactured home” means any of the following:

a. A factory-built, single-family dwelling that is all of the following:

1. Transportable in 1 or more sections, which is either 8 body feet or more in width and 40 body feet or more in length, or, when erected on site, has more than 400 square feet in living area.

2. With or without a permanent foundation and designed to be used as a year-round dwelling when connected to the required utilities.

3. If manufactured since June 15, 1976, built in accordance with manufactured home construction requirements promulgated by the federal Department of Housing and Urban Development (HUD) or by other applicable codes. “Manufactured home” is synonymous with “mobile home”, “trailer”, and similar terms used elsewhere in this title.

b. A home consisting primarily of a camper trailer, recreational vehicle, motor home, or similar vehicle or trailer designed to serve as a mobile, temporary residence if all of the following are true:

1. The camper trailer, recreational vehicle, motor home, or similar vehicle or trailer is located in a manufactured home community that contains at least 2 manufactured homes as defined by paragraph (13)a. of this section or contained 2 such homes at the time the tenant obtained title to the camper trailer, recreational vehicle, motor home, or similar vehicle or trailer.

2. The camper trailer, recreational vehicle, motor home, or similar vehicle or trailer is the primary residence of the tenants.

3. At the time the current tenant obtained title to the camper trailer, recreational vehicle, motor home, or similar vehicle or trailer; the camper trailer, recreational vehicle, motor home, or similar vehicle or trailer was not mobile and could not reasonably be returned to a condition where it would be mobile.

c. Homes defined as a manufactured home under paragraph (13)b. of this section shall be considered manufactured homes for the purpose of applying the provisions of this chapter to those homes’ lot leases except that:

1. Homes defined as manufactured homes under paragraph (13)b. of this section shall not be considered manufactured homes for purposes of zoning, taxation, or any other purpose unless the home meets an applicable definition of a manufactured home other than paragraph (13)b. of this section.

2. Lot leases for homes defined as manufactured homes under paragraph (13)b. of this section are not transferable under § 7013 of this title.

(14) “Manufactured home community” means a parcel of land where 2 or more lots are rented or offered for rent for the placement of manufactured homes. Manufactured home community is synonymous with “mobile home park,” “trailer park,” and “trailer court.”

(15) “Market rent” means that rent which would result from market forces absent an unequal bargaining position between the community owner and the homeowners. In determining market rent, relevant considerations include rents charged to recent new homeowners entering the subject manufactured home community or by comparable manufactured home communities, or both. To be comparable, a manufactured home community must be within the competitive area and must offer similar facilities, services, amenities, and management.

(16) “Notice” means a written announcement, warning or other communication delivered to or served upon a person, as designated in statute.

(17) “Official notice of an unsafe condition” means a citation, charge, indictment, notice of violation or similar notice, or a finding of fact or conclusion of law issued by any court, administrative agency, county, or municipality that a violation of a requirement under this chapter or of federal, state, county, or municipal law or regulation, which relates to water, sewer, or utilities distributed by the community owner, exists.

(18) “Premises” means the rented lots in a manufactured home community, the structures upon them, and the facilities and appurtenances thereon, as well as the grounds, common areas, and facilities held out for the use of the tenants and residents generally or whose use is contracted for between landlord and tenant.

(19) “Quiet enjoyment” includes the peaceful possession of the premises in a manufactured home community without unwarranted disturbance.

(20) “Recreational vehicle” means a travel trailer, camping trailer, park trailer, camper, camper motor home or similar accommodation which is primarily designed as temporary living quarters for recreational camping or for seasonal or travel use and which either has its own motor power or is mounted on or drawn by another vehicle.

(21) “Related party” means any of a person’s parents, spouse, children, and siblings of the whole and half-blood.

(22) “Rent” means money paid by a tenant to a landlord for the possession, use and enjoyment of a rented lot and other parts of the premises in a manufactured home community pursuant to a rental agreement. For purposes of summary possession, rent includes late fees for rent, other fees and charges, including utility charges, and the tenant’s share of the Delaware Manufactured Home Relocation Trust Fund assessment.

(23) “Rental agreement” or “lease” means a written contract between a landlord and a tenant establishing the terms and conditions whereby a manufactured home is placed upon or is allowed to remain upon a rented or leased lot in a manufactured home community.

(24) “Resident” means a person who resides in a manufactured home located in a manufactured home community. A resident may or may not be a tenant.

(25) “Seasonal property” means a parcel of land operated as a vacation resort on which 2 or more lots are rented or offered for rent for the placement of manufactured homes or other dwellings used less than 8 months of the year. A seasonal property is characterized by a lack of availability of year-round utilities and by the fact that its tenants have primary residences elsewhere.

(26) “Standing water” means motionless water, not flowing in a stream, tide, or current, that has not dissipated within 48 hours after cessation of precipitation.

(27) “Tenant” or “homeowner” means an owner of a manufactured home who has a tenancy of a lot in a manufactured home community; a lessee.

(28) “Tree” for the purpose of this chapter means a woody, perennial plant at least 25 feet in height or with a main stem a minimum of 6 inches in diameter.

(29) “Trust Fund” means the Delaware Manufactured Home Relocation Trust Fund.

(30) “Unsafe condition” means a condition within a manufactured home community that threatens or has threatened the life, health, or safety of a resident, visitor, or guest of the manufactured home community.

(31) “Utility charge” means a charge by a landlord or others to a tenant for a service, such as water, sewer, electricity, fuel, propane, cable television, or trash.

(32) “Utility service” means a service provided by a landlord or others to a tenant for a service, such as water, sewer, electricity, fuel, propane, cable television, or trash.
25 Del. C. § 5407 — Delaware Code / Title 25 / Chapter 54 / Section 5407
§ Â
        5407. Educational material [For implementation of this section, see 85 Del. Laws, c. 98, Â 5(2)].
Status: in_force

(a) The landlord must provide the tenant with any educational material required to be provided by Department regulations and the U.S. Environmental Protection Agency relating to lead hazards.

(b) The material must be provided before the tenant occupies the rental unit. Failure to provide the required educational materials is a violation of this section and the landlord may be assessed a civil penalty of $20 per day until the material is provided to the tenant.

(c) Effective [the implementation date under 85 Del. Laws, c. 98, § 5(2)], every rental agreement on a rental unit constructed prior to January 1, 1978, must require that a tenant acknowledge receipt of the material required by this section.
25 Del. C. § 81-416 — Delaware Code / Title 25 / Chapter 81 / Subchapter IV / Section 81-416
§ Â
        81-416. Statute of limitations for warranties.
Status: in_force

(a) Unless a period of limitation is tolled under § 81-311 of this title or affected by subsection (d) of this section, a judicial proceeding for breach of any obligation arising under § 81-413 or § 81-414 of this title must be commenced within the applicable periods of any applicable statute of limitations or statute of repose but in all events within 6 years after the cause of action accrues.

(b) Subject to subsection (c) of this section, a cause of action for breach of warranty of quality, regardless of the purchaser’s lack of knowledge of the breach, accrues:

(1) As to a unit, at the time the purchaser to whom the warranty is first made enters into possession if a possessory interest was conveyed or at the time of acceptance of the instrument of conveyance if a nonpossessory interest was conveyed; and

(2) As to each common element, at the time the common element is completed or, if later, as to: (i) a common element that is added to the common interest community by exercise of development rights, at the time the first unit which was added to the condominium by the same exercise of development rights is conveyed to a bona fide purchaser, or (ii) a common element within any other portion of the common interest community, at the time the first unit is conveyed to a bona fide purchaser.

(c) If a warranty of quality explicitly extends to future performance or duration of any improvement or component of the common interest community, the cause of action accrues at the time the breach is discovered or at the end of the period for which the warranty explicitly extends, whichever is earlier.

(d) During the period of declarant control, the association may authorize an independent committee of the executive board to evaluate and enforce by any lawful means warranty claims involving the common elements, and to compromise those claims. Only members of the executive board elected by unit owners other than the declarant and other persons appointed by those independent members may serve on the committee, and the committee’s decision must be free of any control by the declarant or any member of the executive board or officer appointed by the declarant. All costs reasonably incurred by the committee, including attorneys’ fees, are common expenses, and must be added to the budget annually adopted by the association under § 81-315 of this title. If the committee is so created, the period of limitation for claims for these warranties begins to run from the date of the first meeting of the committee, regardless of when the period of declarant control terminates.
25 Del. C. § 6715 — Delaware Code / Title 25 / Chapter 67 / Subchapter I / Section 6715
§ Â
        6715. Lien on crops.
Status: reserved

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 or crops, which shall not be divested by any sale by any administrator of a deceased tenant, or by the assignment of the tenant in insolvency, or by process of law issued against the tenant; provided, however, that at the time of the said renting the contract under and by which the said advances are made shall be reduced to writing, duly attested by the said landlord and tenant. Before such advances shall be made a lien, however, the contract under which such advances are made shall be recorded as other liens are recorded in the county wherein the land lies.
25 Del. C. § 5712 — Delaware Code / Title 25 / Chapter 57 / Section 5712
§ Â
        5712. Default judgment.
Status: in_force

(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 court after the exercise of reasonable diligence. Posting and first-class mail, as evidenced by a certificate of mailing, is acceptable as actual notice for the purposes of a default judgment.

(b) A party may, within 10 days of the entry of a default judgment or a nonsuit, file a motion with the court to vacate the judgment and if, after a hearing on the motion, the court finds that the party has satisfied the requirements of J. P. Civ. R. 60(b), it shall grant the motion and permit the parties to elect a trial before a single judge or a jury trial.
25 Del. C. § 109 — Delaware Code / Title 25 / Chapter 1 / Subchapter I / Section 109
§ Â
        109. Defeasance or contract for reconveyance; recording; acknowledgment or proof.
Status: in_force

If a conveyance of lands, tenements or hereditaments is absolute on its face and there is a defeasance, or written contract in the nature of a defeasance, or for a reconveyance of the premises, or any part thereof, the person to whom such conveyance is made shall cause to be indorsed thereon, and recorded therewith, a note stating that there is such defeasance, or contract, and the general purport of it, or the recording of such conveyance shall be of no effect. Such defeasance, or contract, shall be duly acknowledged, or proved, and recorded in the recorder’s office for the county wherein such lands, tenements or hereditaments are situate within 60 days after the day of making the same, or it shall not avail against a fair creditor, mortgagee or purchaser for a valuable consideration of or from the person to whom such conveyance is made, unless it appears that such creditor, when giving the credit, or such mortgagee or purchaser when advancing the consideration, had notice of such defeasance, or contract. Such contract, although not under seal, may be acknowledged or proved in the same manner as a deed.
25 Del. C. § 7065 — Delaware Code / Title 25 / Chapter 70 / Subchapter VII / Section 7065
§ Â
        7065. Receivership procedures.
Status: in_force

(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 need for rent to be paid to it, and for the employment of a private contractor to correct the condition complained of under § 7061 of this title and found by the court to exist.

(2) If the receiver shall make such a finding, it shall file a copy of the finding with the Recorder of Deeds of the county where the property lies and it shall be a lien on that property where the violation complained of exists.

(3) Upon completion of the aforesaid contractual work and full payment to the contractor, the receiver shall file a certification of such with the Recorder of Deeds of the appropriate county, and this filing shall release the aforesaid lien.

(4) The receiver shall forthwith give notice to all lienholders of record.

(5) If the receiver shall make a finding at such time or any other time that for any reason the appointment of the receiver is not appropriate, it shall be discharged upon notification to the court and all interested parties, and shall make legal distribution of any funds in its possession.
25 Del. C. § 1103 — Delaware Code / Title 25 / Chapter 11 / Section 1103
§ Â
        1103. Marking and bounding lands; procedure.
Status: in_force

(a) Any person seised of any estate in possession, reversion or remainder, or possessed of any term, not less than 15 years, in any lands, the bounds of which are unknown or are in danger of being lost, may apply to the Superior Court in the county where the lands are situate for a commission to mark and bound the estate. The Court may issue the commission to any 5 persons agreed on by the parties or appointed by the Court, but no surveyor shall be appointed on such commission.

(b) Three months notice of the application shall be given by advertisements posted at the courthouse door of the county and at 5 public places of the 100 where the land lies, and also delivered to the persons in possession of the adjoining lands or left at their dwellings, and to the owners of such lands, if within the State. If the lands are unoccupied or the owners unknown, the Court may direct the service or the publication of notice, as shall be judged proper.
25 Del. C. § 81-410 — Delaware Code / Title 25 / Chapter 81 / Subchapter IV / Section 81-410
§ Â
        81-410. Escrow of deposits.
Status: in_force

Any deposit made in connection with the purchase or reservation of a unit from a person required to deliver a public offering statement pursuant to § 81-402(c) of this title must be placed in escrow and held either in this State or in an account designated solely for that purpose by an attorney or a licensed real estate broker or an institution whose accounts are insured by a governmental agency or instrumentality until: (i) delivered to the declarant at closing; (ii) delivered to the declarant because of the purchaser’s default under a contract to purchase the unit; or (iii) refunded to the purchaser. An escrow agent acting in good faith and in accordance with the terms of the escrow shall have no liability for the disposition of the fund.
25 Del. C. § 2103 — Delaware Code / Title 25 / Chapter 21 / Section 2103
§ Â
        2103. Effect of mortgage executed by trustee for mentally ill spouse.
Status: in_force

Any mortgage executed and acknowledged by a trustee for a mentally ill married man or woman, appointed pursuant to the provisions of § 104 or § 105 of this title, shall be as valid and effectual to bar and divest the mentally ill spouse’s estate as tenant by the curtesy or dower interest in case the mentally ill person survives such mentally ill person’s spouse, as if such mentally ill spouse had been legally capable, and had in fact executed and acknowledged such mortgage; and any such mortgage, or the record thereof, shall be competent evidence in all courts of this State.
25 Del. C. § 81-104 — Delaware Code / Title 25 / Chapter 81 / Subchapter I / Section 81-104
§ Â
        81-104. Variation by agreement.
Status: in_force

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 attorney, or use any other device, for the purpose of evading the limitations or prohibitions of this chapter or the declaration.
25 Del. C. § 2233 — Delaware Code / Title 25 / Chapter 22 / Subchapter VII / Section 2233
§ Â
        2233. Assessment of charges.
Status: in_force

All sums assessed by resolutions duly adopted by the council against any unit for the share of common expenses chargeable to that unit shall constitute the personal liability of the owner of the unit so assessed and shall, until fully paid, together with interest thereon at a rate not to exceed 18% per annum from the thirtieth day following the adoption of such resolutions, constitute a charge against such unit which shall be enforceable as provided in the next section.
25 Del. C. § 6713 — Delaware Code / Title 25 / Chapter 67 / Subchapter I / Section 6713
§ Â
        6713. Number and compensation of appraisers.
Status: in_force

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 distress for money rent on agricultural leases, the appraisers shall not be summoned.
25 Del. C. § 2612 — Delaware Code / Title 25 / Chapter 26 / Section 2612
§ Â
        2612. Priority of liens [For application of this section, see 79 Del. Laws, c. 18, Ââ2].
Status: in_force

The broker’s lien shall be a lien on the commercial real estate that is the subject of the notice of lien and shall have priority from the time it has been filed as required by this chapter, except as to all mortgages whenever recorded or filed, mechanic’s liens, other liens imposed or created by statute, and liens of the federal government, state government and/or their respective political subdivisions, each of which shall have priority over a broker’s lien.
25 Del. C. § 4903 — Delaware Code / Title 25 / Chapter 49 / Section 4903
§ Â
        4903. Creation of lien.
Status: in_force

The owner of a self-service storage facility and the owner’s heirs, executors, administrators, successors and assigns have a lien upon all personal property located at a self-service storage facility for rent, labor or other charges, present or future, in relation to the personal property and for expenses necessary for its preservation or expenses reasonably incurred in its sale or other disposition pursuant to this chapter. The lien provided for in this section is superior to any other lien or security interest, except liens or security interests secured by motor vehicles titled pursuant to Chapter 23 of Title 21. The lien attaches as of the date the personal property is brought to the self-service storage facility; provided that the written rental agreement states that such lien will attach. The occupant shall be bound by the rental agreement even if unsigned, if the occupant pays, rents, or uses the leased space more than 30 days after delivery of the written rental agreement to the occupant.
25 Del. C. § 81-401 — Delaware Code / Title 25 / Chapter 81 / Subchapter IV / Section 81-401
§ Â
        81-401. Applicability; waiver.
Status: in_force

(a) This subchapter applies to all units subject to this chapter, except as provided in subsection (b) of this section or as modified or waived by agreement of purchasers of units in a nonresidential common interest community or as to units that are restricted to nonresidential use.

(b) Neither a public offering statement nor a resale certificate need be prepared or delivered in the case of:

(1) A gratuitous disposition of a unit;

(2) A disposition pursuant to court order;

(3) A disposition by a government or governmental agency;

(4) A disposition by foreclosure or deed in lieu of foreclosure;

(5) A disposition to a dealer;

(6) A disposition that may be canceled at any time and for any reason by the purchase without penalty;

(7) A disposition by operation of law upon the death of the unit owner;

(8) A disposition of a unit restricted to nonresidential purposes; or

(9) A disposition of a unit to a purchaser for which a declarant, dealer or existing unit owner has entered into a written contract with such purchaser for the purchase and sale of such unit at any time prior to the effective date.
25 Del. C. § 81-407 — Delaware Code / Title 25 / Chapter 81 / Subchapter IV / Section 81-407
§ Â
        81-407. Common interest community securities.
Status: in_force

If an interest in a common interest community is currently registered with the Securities and Exchange Commission of the United States, a declarant satisfies all requirements relating to the preparation of a public offering statement of this chapter if the declarant delivers to the purchaser a copy of the public offering statement filed with the Securities and Exchange Commission. An interest in a common interest community is not a security under Delaware law.
25 Del. C. § 1307 — Delaware Code / Title 25 / Chapter 13 / Section 1307
§ Â
        1307. Recovery of awards by fence-viewers.
Status: in_force

All sums awarded by fence-viewers, or directed by them to be paid, may be recovered as other debts of like amount are recoverable.
25 Del. C. § 6104 — Delaware Code / Title 25 / Chapter 61 / Section 6104
§ Â
        6104. Confession of judgment.
Status: in_force

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. § 3503 — Delaware Code / Title 25 / Chapter 35 / Section 3503
§ Â
        3503. Disposition of proceeds of sale.
Status: in_force

The residue of moneys arising from any sales, either under § 3501 or § 3502 of this title, after deducting the amount of the lien together with costs of advertising and sales, shall be held subject to the order of the owner of the property.
25 Del. C. § 7064 — Delaware Code / Title 25 / Chapter 70 / Subchapter VII / Section 7064
§ Â
        7064. Stay of judgment by defendant.
Status: in_force

(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 appointment of a receiver, the owner or any mortgagee or the lienor of record or other person having an interest in the property may apply to the court to be permitted to remove or remedy the conditions specified in the petition. If such person demonstrates the ability to perform promptly the necessary work and posts security for the performance thereof within the time, and in the amount and manner, deemed necessary by the court, then the court may stay judgment and issue an order permitting such person to perform the work within a time fixed by the court and requiring such person to report to the court periodically on the progress of the work. The court shall retain jurisdiction over the matter until the work is completed.

(b) If, after the issuance of an order under subsection (a) of this section, but before the time fixed in such order for the completion of the work prescribed therein, there is reason to believe that the work will not be completed pursuant to the court’s order or that the person permitted to do the same is not proceeding with due diligence, the court or the petitioners, upon notice to all parties to the proceeding, may move that a hearing be held to determine whether judgment should be rendered immediately as provided in subsection (c) of this section.

(c) (1) If, upon a hearing authorized in subsection (b) of this section, the court shall determine that such party is not proceeding with due diligence, or upon the actual failure of such person to complete the work in accordance with the provisions of the order, the court shall appoint a receiver as authorized herein.

(2) Such judgment shall direct the receiver to apply the security posted to executing the powers and duties as described herein.

(3) In the event that the amount of such security should be insufficient to accomplish the above objectives, such judgment shall direct the receiver to collect the rents, profits and issues to the extent of the deficiency. In the event that the security should exceed the amount necessary to accomplish the above objectives, such judgment shall direct the receiver to return the excess to the person posting the security.
25 Del. C. § 736 — Delaware Code / Title 25 / Chapter 7 / Subchapter II / Section 736
§ Â
        736. Dower, curtesy or other estate in undivided shares of parties to partition proceedings.
Status: in_force

A sale of any lands, tenements and hereditaments, pursuant to the provisions of § 729 of this title, shall pass to the purchaser thereof a title, free and discharged from all claims by virtue of any estate or interest in dower or by the curtesy, or other estate, in any undivided share of any of the parties entitled if the person entitled to the interest at the filing of the petition for partition was a party to the proceeding. The Court may make all orders touching the investment and disposal of the proceeds of sale of any share of the premises sold which may be necessary to secure to a person having a right of dower or curtesy, or other estate, in such share, an equivalent interest in the proceeds of sale.
25 Del. C. § 315 — Delaware Code / Title 25 / Chapter 3 / Section 315
§ Â
        315. Contracts for sale of agricultural lands.
Status: in_force

Every contract for the sale of agricultural lands which are, either at the time of execution or at the time of settlement of said contract, subject to an agricultural lease shall include within its terms notice to the purchaser of the terms of said agricultural lease and the agricultural lease renewal provisions of Chapter 67 of this title.
25 Del. C. § 132 — Delaware Code / Title 25 / Chapter 1 / Subchapter II / Section 132
§ Â
        132. Validity of legal instruments having defective acknowledgments; admissibility in evidence.
Status: in_force

The record of all legal instruments which by law are directed to be recorded or are entitled to be recorded, and which have been duly executed by the proper party or parties, notwithstanding the instruments have not been acknowledged before an officer authorized by the laws of Delaware to take acknowledgments, or which have not been otherwise properly acknowledged, or the acknowledgments of which have not been taken and certified in conformity with the laws of this State in force at the time each such instrument was executed, are severally made as valid and effective in law as if each instrument had been correctly acknowledged and the acknowledgment correctly certified. The record of each such instrument or any office copy thereof or the original instrument itself shall be admitted as evidence in all courts of this State and shall be as valid and conclusive evidence as if such instrument had been in all respects acknowledged and the acknowledgment certified in accordance with the then existing law.
25 Del. C. § 737 — Delaware Code / Title 25 / Chapter 7 / Subchapter II / Section 737
§ Â
        737. Procedure where dower, curtesy or life estate exists.
Status: in_force

If there is a tenant by the curtesy or other life estate, other than in any undivided share of any of the parties entitled, partition of the real estate shall not be made until the determination of the curtesy or life estate, unless upon the joint petition of the tenant by the curtesy or other life estate and 1 or more of the other parties entitled, in which case partition may be made among the parties entitled, subject to the rights of the tenant by the curtesy or other life estate. If there is a widow entitled to dower in the real estate, other than in any undivided share of any of the parties entitled, partition of her part as the widow shall be postponed until the determination of her estate. After assigning the widow’s dower, partition of the residue may be made, or other proceedings had concerning it, in the same manner and to the same effect as if such residue were all the real estate, and after the determination of the widow’s estate, partition of the part assigned to her in dower may be made, or other proceedings had concerning it.
25 Del. C. § 3907 — Delaware Code / Title 25 / Chapter 39 / Section 3907
§ Â
        3907. Priority of lien.
Status: in_force

(a) All liens created pursuant to § 3901 or § 3902 of this title shall be superior to any lien, title or interest of any person who has a security interest by virtue of a conditional sales contract or a prior perfected security interest in accordance with Article 9 of Title 6.

(b) Notwithstanding the provisions of subsection (a) of this section, any person who stores or safekeeps any motor vehicle towed at the request of a party other than the owner of the vehicle may attain priority of lien as follows:

(1) By providing notice by certified mail to a title holder of record within 7 business days of the date upon which possession is taken;

(2) By providing notice by certified mail to lienholders of record within 7 business days of the date upon which possession is taken; and

(3) By providing notice by telephone or in person to the appropriate police agency.
25 Del. C. § 5706 — Delaware Code / Title 25 / Chapter 57 / Section 5706
§ Â
        5706. Manner of service.
Status: in_force

(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 with a person of suitable age and discretion who resides or is employed in the rental unit.

(c) If no such person can be found after a reasonable effort, service may be made:

(1) Upon a natural person by affixing a copy of the notice and complaint upon a conspicuous part of the rental unit within 1 day thereafter, and by sending by either certified mail or first class mail with certificate of mailing, using United States Postal Service Form 3817 or its successor, an additional copy of each document to the rental unit and to any other address known to the person seeking possession as reasonably chosen to give actual notice to the defendant; or

(2) If defendant is an artificial entity, pursuant to Sup. Ct. R. 57, by sending by certified mail or by sending by first class mail with certificate of mailing, using United States Postal Service Form 3817 or its successor, within 1 day after affixation, additional copies of each document to the rental unit and to the principal place of business of such defendant, if known, or to any other place known to the party seeking possession as reasonably chosen to effect actual notice.

(d) Service pursuant to this section shall be considered actual or statutory notice.
25 Del. C. § 81-420 — Delaware Code / Title 25 / Chapter 81 / Subchapter IV / Section 81-420
§ Â
        81-420. Substantial completion of units.
Status: in_force

In the case of a sale of a unit for which delivery of a public offering statement is required, a contract of sale may be executed, but no interest in that unit may be conveyed, until the declaration is recorded and the unit is substantially completed, as evidenced by a recorded certificate of substantial completion executed by an independent registered architect or engineer, or by issuance of a certificate of occupancy authorized by law.
25 Del. C. § 2714 — Delaware Code / Title 25 / Chapter 27 / Subchapter II / Section 2714
§ Â
        2714. Proceedings by scire facias; form.
Status: in_force

(a) The proceedings to recover the amount of any claim shall be by writ of scire facias.

(b) The writ of scire facias used under the provisions of this chapter shall be in the form prescribed by the Superior Court.
25 Del. C. § 5701A — Delaware Code / Title 25 / Chapter 57 / Section 5701A
§ Â
        5701A. Establishing territorial jurisdiction.
Status: in_force

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 actions for summary possession. Each court location shall be located within its given territory. Pursuant to § 5701 of this title, any action for summary possession involving a residential or commercial unit within a given territory shall be maintained at the Justice of the Peace Court which has jurisdiction over the given territory. Designation of the boundaries between territories shall be accomplished by court rule. In so doing, the Court may take into account the resources of each Justice of the Peace Court location; how these resources may be utilized best in serving the public good; convenience to the public; and population and demographic information, both current and projected.
25 Del. C. § 6718 — Delaware Code / Title 25 / Chapter 67 / Subchapter I / Section 6718
§ Â
        6718. Jurisdiction; service of process.
Status: in_force

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 situated in more than 1 county, jurisdiction shall lie in the county in which the majority of the property sits. The provisions of Chapter 57 of this title shall apply to any such action. Service of process shall be delivered by personal service as prescribed in Justice of the Peace Court Civil Rules or certified mail, return receipt requested; there shall be no requirement that the property be posted to effect service of process, unless other means of service have first failed.
25 Del. C. § 4302 — Delaware Code / Title 25 / Chapter 43 / Section 4302
§ Â
        4302. Establishment of lien; notice of claim.
Status: in_force

A charitable association, corporation or other institution shall file in the office of the prothonotary of the county in which such injuries shall have occurred a notice in writing, containing the names and addresses of the injured person, the date of the accident, the name and location of the hospital and, if then known, the name of the person alleged to be liable to such injured person by reason of the injuries received, prior to the payment of any moneys to such injured person or such injured person’s legal representative by such person to such injured person. Copies of the notice shall be sent by registered mail by the hospital to such injured person and all parties in interest who are then known. Thereafter an affidavit by a competent person acting on behalf of such institution, setting forth such service, and all attempts to serve the same shall be filed in the office of the prothonotary.
25 Del. C. § 7054 — Delaware Code / Title 25 / Chapter 70 / Subchapter VI / Section 7054
§ Â
        7054. Appeal [For application of this section, see 79 Del. Laws, c. 304, Â 7 and 80 Del. Laws, c. 229, Â 3].
Status: in_force

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 the date of issuance of the arbitrator’s decision. The appeal shall be to the Superior Court in the county of the affected community. The appeal shall be on the record and the Court shall address written and/or oral arguments of the parties as to whether the record created in the arbitration is sufficient justification for the arbitrator’s decisions and whether those decisions are free from legal error.
25 Del. C. § 81-110 — Delaware Code / Title 25 / Chapter 81 / Subchapter I / Section 81-110
§ Â
        81-110. Uniformity of application and construction.
Status: in_force

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.
25 Del. C. § 81-307 — Delaware Code / Title 25 / Chapter 81 / Subchapter III / Section 81-307
§ Â
        81-307. Upkeep of common interest community.
Status: in_force

(a) Except to the extent provided by the declaration, subsection (b) of this section, or § 81-313(h) of this title, the association, through its executive board, is responsible for maintenance, repair, and replacement of the common elements, and each unit owner is responsible for maintenance, repair, and replacement of the unit owner’s unit. Each unit owner shall afford to the association and the other unit owners, and to their agents or employees, as designated by the executive board, access through the unit owner’s unit reasonably necessary for those purposes. If damage is inflicted on the common elements or on any unit through which access is taken, the unit owner responsible for the damage, or the association if it is responsible, is liable for the prompt repair thereof. Each unit owner is likewise responsible for the costs, as determined by the association, associated with the maintenance, repair and replacement of limited common elements appurtenant to the unit owner’s unit or for the prorated expense if the limited common element is associated with more than 1 unit. The executive board shall determine when and to what extent such maintenance, repair and replacement shall be required.

(b) In addition to the liability that a declarant as a unit owner has under this chapter, the declarant alone is liable for all expenses in connection with real estate subject to development rights. No other unit owner and no other portion of the common interest community is subject to a claim for payment of those expenses. Unless the declaration provides otherwise, any income or proceeds from real estate subject to development rights inures to the declarant.

(c) In a planned community, if all development rights have expired with respect to any real estate, the declarant remains liable for all expenses of that real estate unless, upon expiration, the declaration provides that the real estate becomes common elements or units.
25 Del. C. § 6304 — Delaware Code / Title 25 / Chapter 63 / Section 6304
§ Â
        6304. Levied goods in custody of Court; removal and sale; plaintiffâs interest.
Status: in_force

(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 application to the Court by either party, the Court may allow the removal, sale, or both, in whole or in part, of the levied goods, upon such terms and conditions as the Court deems necessary for the protection of the parties and to avoid irreparable harm, including the posting of a bond by the tenant for the fair market value of the goods or other protective measures, including the appointment of a receiver, or the depositing of sale proceeds with the court or a specified depository.

(c) Unless otherwise provided in accordance with subsection (b) of this section or § 6307 of this title, the plaintiff in an action of distress shall have a special property interest in the goods distrained until they are returned to the defendant or sold by the Court, so that the plaintiff may take the goods wherever found and recover damages for carrying away or injuring them.
25 Del. C. § 81-101 — Delaware Code / Title 25 / Chapter 81 / Subchapter I / Section 81-101
§ Â
        81-101. Short title.
Status: in_force

This chapter shall be known and may be cited as the “Delaware Uniform Common Interest Ownership Act” or “DUCIOA”.
25 Del. C. § 2903 — Delaware Code / Title 25 / Chapter 29 / Section 2903
§ Â
        2903. Duration of lien.
Status: in_force

(a) In New Castle County, all taxes assessed against real estate shall continue a lien against the real estate within the County for 10 years from July 1 of the year for which the taxes were levied, but if the real estate remains the property of the person who was the owner at the time it was assessed, the lien shall continue until the tax is collected.

(b) In Kent and Sussex Counties, the lien for county taxes shall be as provided for under § 8705 of Title 9, and the lien for state taxes shall remain a lien as provided for under § 554 of Title 30, and the lien for school taxes shall remain a lien as provided for under § 8705 of Title 9, and, unless a period greater than 10 years is provided by a municipality’s charter, the lien for town or municipal taxes shall remain a lien for the period of 10 years from the date prescribed by the charter of the town or city for the delivery of the duplicate of the town or city to the collector thereof and no longer. The collectors, in collecting taxes out of real estate upon which they are a lien under the provisions of § 2901 of this title, shall proceed in the manner prescribed by law for the collection of taxes out of real estate.
25 Del. C. § 81-114 — Delaware Code / Title 25 / Chapter 81 / Subchapter I / Section 81-114
§ Â
        81-114. Remedies to be liberally administered.
Status: in_force

(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 damages may not be awarded except as specifically provided in this chapter or by other rule of law.

(b) Any right or obligation declared by this chapter is enforceable by judicial proceeding.
25 Del. C. § 81-402 — Delaware Code / Title 25 / Chapter 81 / Subchapter IV / Section 81-402
§ Â
        81-402. Liability for public offering statement requirements.
Status: in_force

(a) Except as provided in subsection (b) of this section, a declarant, before offering any interest in a unit to the public, shall prepare a public offering statement conforming to the requirements of §§ 81-403, 81-404, 81-405, and 81-406 of this title.

(b) A declarant may transfer responsibility for preparation of all or a part of the public offering statement to a successor declarant or to a dealer who intends to offer units in the common interest community. In the event of any such transfer, the transferor shall provide the transferee with any information necessary to enable the transferee to fulfill the requirements of subsection (a) of this section. In addition and anything to the contrary in this chapter notwithstanding, a declarant shall not be required to prepare or provide a public offering statement under this subchapter IV of this chapter with respect to any contract for a unit executed by the declarant with a purchaser of such unit prior to the effective date.

(c) Any declarant or dealer who offers a unit to a purchaser shall deliver a public offering statement in the manner prescribed in § 81-408(a) of this title. The person who prepared all or a part of the public offering statement is liable under §§ 81-408 and 81-417 of this title for any false or misleading statement set forth therein or for any omission of a material fact therefrom with respect to that portion of the public offering statement which the person prepared. If a declarant did not prepare any part of a public offering statement that the declarant delivers, the declarant is not liable for any false or misleading statement set forth therein or for any omission of a material fact therefrom unless the declarant had actual knowledge of the statement or omission or, in the exercise of reasonable care, should have known of the statement or omission.

(d) If a unit is part of a common interest community and is part of any other real estate regime in connection with the sale of which the delivery of a public offering statement is required under the laws of this State, a single public offering statement conforming to the requirements of §§ 81-403, 81-404, 81-405, and 81-406 of this title as those requirements relate to each regime in which the unit is located, and to any other requirements imposed under the laws of this State, may be prepared and delivered in lieu of providing 2 or more public offering statements.
25 Del. C. § 2236 — Delaware Code / Title 25 / Chapter 22 / Subchapter VII / Section 2236
§ Â
        2236. Unpaid assessments at time of execution sale against a unit.
Status: in_force

In the event that title to a unit is transferred by sheriff’s sale pursuant to execution upon any lien against the unit, the council may give notice in writing to the sheriff of any unpaid assessments for common expenses which are a charge against the unit, but have not been reduced to lien pursuant to § 2234 of this title, and the sheriff shall pay the assessments of which the sheriff has such notice out of any proceeds of the sale which remain in the sheriff’s hands for distribution after payment of all other claims, which the sheriff is required by law to pay, but prior to any distribution of the balance to the former unit owner against whom the execution issued. The purchaser at such sheriff’s sale and the unit involved shall not be liable for unpaid assessments for common expenses which became due prior to the sheriff’s sale of the unit. Any such unpaid assessments which cannot be promptly collected from the former unit owner may be reassessed by the council as a common expense to be collected from all of the unit owners including such purchaser, the purchaser’s heirs, personal representatives, successors and assigns. To protect its right to collect unpaid assessments which are a charge against a unit, the council may, on behalf of the unit owners, purchase the unit at sheriff’s sale, provided such action is authorized by the affirmative vote of a majority of the members of council and, if it does so purchase, the council shall thereafter have the power to hold, sell, convey, mortgage or lease such unit to any person whatsoever.
25 Del. C. § 133 — Delaware Code / Title 25 / Chapter 1 / Subchapter II / Section 133
§ Â
        133. Address of grantee on deed.
Status: in_force

Anyone leaving for record any deed conveying lands and tenements shall place upon or attach to the deed the address of the grantee.
25 Del. C. § 6305 — Delaware Code / Title 25 / Chapter 63 / Section 6305
§ Â
        6305. Protective measures upon a showing that a tenant may abscond.
Status: in_force

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 take any or all of the following protective measures:

(1) The constable or sheriff shall be directed to make the levy forthwith and at any time;

(2) The constable or sheriff can take actual possession of the goods levied upon and remove same from the leased premises to such place as the Court may direct pending the release or sale of the goods. Removal of the goods may, if the Court deems it necessary, be conditioned on the filing of a bond by the plaintiff in such amount and in such form as the Court may determine but in an amount not less than the fair market value of the goods removed. The expense of removal of any goods from the leased premises to any other place for storage pending sale shall be included as part of the costs of distress;

(3) The Court may order the levying officer to enter the premises forcibly if entry cannot otherwise be gained.
25 Del. C. § 135 — Delaware Code / Title 25 / Chapter 1 / Subchapter II / Section 135
§ Â
        135. Tax ditch, tax lagoon, right-of-way, or assessment.
Status: in_force

Any deed transferring a parcel of real property listed in an order recorded pursuant to § 4195 or § 4389 of Title 7 shall specifically state in the deed that such parcel of real property may be subject to a tax ditch right-of-way and/or assessment, or a tax lagoon right-of-way and/or assessment pursuant to Superior Court order, and shall state the date of the court order and the order’s recording information in the recorder of deeds’ office of the county.
25 Del. C. § 5701B — Delaware Code / Title 25 / Chapter 57 / Section 5701B
§ Â
        5701B. Civil jurisdiction; bifurcated claims.
Status: in_force

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 parties over the same lease in another court. Such plenary actions must be commenced no later than 6 months after a final judgment is entered in the action for summary possession.
25 Del. C. § 2703 — Delaware Code / Title 25 / Chapter 27 / Subchapter I / Section 2703
§ Â
        2703. Contract requirements to obtain lien based solely on improvement to land.
Status: in_force

No lien shall attach in case the improvements are to the land alone, unless a contract in writing, signed by the owner or owners thereof, setting forth the names of all parties to the contract and containing a description by the metes and bounds of the land to be affected and by a statement of the general character of the work to be done, and of the total amount to be paid thereunder, and the amounts of the partial payments, together with the time when such payments shall be due and payable.
25 Del. C. § 5410 — Delaware Code / Title 25 / Chapter 54 / Section 5410
§ Â
        5410. Feasibility review [For implementation of this section, see 85 Del. Laws, c. 98, Â 5(1)].
Status: in_force

(a) There is established a committee known as the Lead-Based Paint Remediation Certification Committee (“the Committee”). The Committee consists of 10 members as follows:

(1) Four members appointed by the Governor, after consultation with Delaware business organizations and tenant advocacy organizations.

a. One member appointed under paragraph (a)(1) of this section must be a large property owner or represent large property owners.

b. One member appointed under paragraph (a)(1) of this section must represent tenants.

c. One member appointed under paragraph (a)(1) of this section must be a small property owner or represent small property owners.

d. One member appointed under paragraph (a)(1) of this section must be a lead remediation advocate.

(2) One member of the House of Representatives to be appointed by the Speaker of the House of Representatives.

(3) One member of the Senate to be appointed by the President Pro Tempore of the Senate.

(4) The Director of the Delaware State Housing Authority, or the Director’s designee.

(5) The President of the Delaware Technical Community College, or the President’s designee.

(6) The Secretary of the Department of Health and Social Services, or the Secretary’s designee.

(7) The Director of the Delaware State Lead-Based Paint Program, or the Director’s designee.

(b) A member serves until a replacement is appointed under the same process as the member’s appointment.

(c) A majority of the members must be present at a Committee meeting in order to have quorum and conduct official business. A vacancy on the Committee is not counted for quorum.

(d) The Director of the Delaware State Housing Authority, or the Director’s designee, will serve as chair of the Committee. Staff support for the Committee must be provided by the Delaware State Housing Authority.

(e) The Committee shall, on an ongoing basis, study the available workforce and available public funding to support the inspection and remediation efforts required by this chapter, along with any other factors impacting property owners’ ability to comply with deadlines established in §§ 5402 and 5403 of this title. The Committee must invite and accept input from the public in fulfilling its duties.

(f) By March 1, 2026, the Committee must issue a formal report to the Governor, the General Assembly, and the Director and Librarian of the Division of Legislative Services as to whether it is feasible for persons subject to the deadlines established in §§ 5402 and 5403 of this title to comply with those deadlines. In addition to any other issues the Committee deems relevant to feasibility, the formal report must answer the following questions:

(1) Are the existing certification deadlines in this chapter feasible? If not, propose new deadlines to replace those enumerated in §§ 5402 and 5403 of this title.

(2) How many current rental units in the State were constructed before January 1, 1978? How many are in each county?

(3) How many approved inspectors or certified contractors are there in the State who can perform lead inspection or lead remediation and abatement? How does the State incentivize and train additional inspectors and certified contractors to meet the needs of this chapter?

(4) What is an appropriate standard for a lead inspection? How should “lead-safe” be defined and determined?

(5) What is the predicted demand for loans or grants under this chapter?

(6) If not the Department, what Delaware or local agency, department, or program is better situated to implement and enforce this chapter?

(7) What is the potential impact this chapter will have on small property owners, midsize property owners, and large property owners?

(8) If resources are limited, what geographic areas or types of rental units should be prioritized under this chapter?

(9) How will property owners be notified and informed of their obligations under this chapter, including the availability of grants and loans from the State?

(10) What procedures will be put in place for a property owner to obtain certification? What forms must be created prior to implementation of this chapter?

(11) What procedures and forms will the courts have in place for a landlord who seeks summary possession and must comply with § 5704A of this title? Are the new requirements under § 5704A of this title necessary to enforce this chapter?

(g) After the delivery of the initial report under subsection (f) of this section, the Committee must issue an updated report on January 1 of each calendar year through January 1, 2030. Every report issued under this subsection shall, if the Committee believes existing deadlines are not feasible, propose specific new deadlines to replace those enumerated in §§ 5402 and 5403 of this title or enacted subsequently under this section.

(h) The Committee is dissolved upon the issuance of a report indicating that no new deadlines are required pursuant to subsection (g) of this section.

(i) If the Committee requires an extension of the deadline to issue an initial report under subsection (f) of this section, the Committee may request an extension from the General Assembly.
25 Del. C. § 6702 — Delaware Code / Title 25 / Chapter 67 / Subchapter I / Section 6702
§ Â
        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.
Status: in_force

(a) Every verbal lease of agricultural land and every written lease of agricultural land in which no term is expressed shall be deemed and construed to be a lease having a term of 1 year, terminating on December 31 next occurring unless the lease is entered into after September 1, in which case the lease shall terminate on the second December 31 next occurring.

(b) In every verbal lease of agricultural land and every written lease of agricultural land in which no term is expressed, the lease shall terminate at the end of 1 year, terminating on December 31 next occurring unless the lease is entered into after September 1, in which case the lease shall terminate on the second December 31 next occurring; provided, however, the landlord or tenant gives the other party notice in writing at least 4 months in advance of the expiration date thereof that the landlord or tenant, as the case may be, intends to terminate the lease at the expiration date thereof. If no such notice is given by either party the lease shall become a year to year lease renewing itself yearly under the same terms and conditions until the hereinmentioned notice requirement is met by either party desiring to terminate said lease.

(c) Notice, as provided for herein, shall not be required if all parties to a lease of agricultural land specify in writing that said lease shall terminate on the expiration date thereof without notice of such termination.

(d) In every verbal lease of a tenant house located on a poultry farm and every written lease of a tenant house located on a poultry farm in which no term is expressed, the landlord or tenant, as the case may be, shall have 14 days to notify the landlord/or tenant, as the case may be, that the lease of the tenant house is terminated, except that this subsection shall not apply to a tenant who is not involved with the management or supervision of poultry.
25 Del. C. § 1612 — Delaware Code / Title 25 / Chapter 16 / Section 1612
§ Â
        1612. Fee for recording notice as taxable costs.
Status: in_force

The fee for recording any notices required under this chapter shall be taxable as a part of the costs in the action.
25 Del. C. § 2211 — Delaware Code / Title 25 / Chapter 22 / Subchapter III / Section 2211
§ Â
        2211. Duties of council.
Status: in_force

The duties of the council shall include the following:

(1) The maintenance, repair and replacement of the common elements, and the maintenance of a repair and replacement reserve as defined in § 2202(16) of this title, fully funded as defined in § 2202(8) of this title, subject to the provisions of § 2245 of this title, as applicable;

(2) The assessment and collection of funds from the unit owners for common expenses, the payment of such common expenses, the maintenance of the required repair and replacement reserve, and the payment from said repair and replacement reserve sums for the repair and replacement of the common elements;

(3) The adoption and amendment of the code of regulations and the promulgation, distribution and enforcement of rules governing the details of the use and operation of the property and the use of the common elements, subject to the right of a majority of the unit owners to change any such actions; and

(4) Any other duties which may be set forth in the declaration or code of regulations.
25 Del. C. § 5511 — Delaware Code / Title 25 / Chapter 55 / Section 5511
§ Â
        5511. Rules and regulations; tenant obligations.
Status: in_force

(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 tenant’s use, occupation and maintenance of the rental unit, appurtenances thereto and the property of which the rental unit is a part, if:

(1) Such obligations and restrictions promote the health, safety, quiet, private enjoyment or welfare, peace and order of the tenants; promote the preservation of the landlord’s property from abuse; and promote the fair distribution of services and facilities provided for all tenants generally; and

(2) Such obligations and restrictions are brought to the attention of the tenant at the time of the tenant’s entry into the agreement to occupy the rental unit; and

(3) Such obligations and restrictions are reasonably related to the purpose for which they are promulgated; and

(4) Such obligations and restrictions apply to all tenants of the property in a fair manner; and

(5) Such obligations and restrictions are sufficiently explicit in the prohibition, direction or limitation of the tenant’s conduct to fairly inform tenant of what tenant must or must not do to comply; and

(6) Such obligations or restrictions, if not made known to the tenant at the commencement of tenancy, are brought to the attention of the tenant and if said obligations work a substantial modifications of the lease agreement they have been consented to in writing by tenant.

(b) All tenants and other guests of the premises with the consent of tenant shall conduct themselves in a manner that does not unreasonably interfere with the peaceful enjoyment of the other tenants.
25 Del. C. § 81-123 — Delaware Code / Title 25 / Chapter 81 / Subchapter I / Section 81-123
§ Â
        81-123. Applicability to out-of-state common interest communities.
Status: in_force

This chapter does not apply to common interest communities or units located outside this State, but the public offering statement provisions in subchapter IV of this chapter apply to all contracts for the disposition thereof signed in this State by any party unless exempt under § 81-401 of this title.
25 Del. C. § 81-112 — Delaware Code / Title 25 / Chapter 81 / Subchapter I / Section 81-112
§ Â
        81-112. Unconscionable agreement or term of contract.
Status: in_force

(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 unconscionable clause, or limit the application of any unconscionable clause in order to avoid an unconscionable result.

(b) Whenever it is claimed, or appears to the court, that a contract or any contract clause is or may be unconscionable, the parties, in order to aid the court in making the determination, must be afforded a reasonable opportunity to present evidence as to:

(1) The commercial setting of the negotiations;

(2) Whether a party has knowingly taken advantage of the inability of the other party reasonably to protect that party’s interests by reason of physical or mental infirmity, illiteracy, inability to understand the language of the agreement, or similar factors;

(3) The effect and purpose of the contract or clause; and

(4) If a sale, any gross disparity, at the time of contracting, between the amount charged for the property and the value of that property measured by the price at which similar property was readily obtainable in similar transactions. A disparity between the contract price and the value of the property measured by the price at which similar property was readily obtainable in similar transactions does not, of itself, render the contract unconscionable.
25 Del. C. § 5708 — Delaware Code / Title 25 / Chapter 57 / Section 5708
§ Â
        5708. Additional contents of certain complaints.
Status: in_force

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 requirements of the foregoing section:

(1) Set forth the rule or provision of the rental agreement allegedly breached, together with the date the rule was made known to the tenant and a copy of the rule or provision as initially provided to the tenant and the manner in which such rule or provision was made known to the tenant;

(2) Allege with specificity the facts constituting a breach of the rule or provision of the rental agreement and that notice or warning as required by law was given to the tenant;

(3) Set forth the facts constituting a continued or recurrent violation of the rule or provision of the rental agreement;

(4) Set forth the purpose served by the rule or provision of the rental agreement allegedly breached; and

(5) Allege that where the rule is not a part of the rental agreement or any other agreement of the landlord and tenant at the time of the formation of the rental agreement, that it does not work a substantial modification of the tenant’s bargain or, if it does, that the tenant consented knowingly in writing to the rule.
25 Del. C. § 5313 — Delaware Code / Title 25 / Chapter 53 / Section 5313
§ Â
        5313. Unlawful ouster or exclusion of tenant.
Status: in_force

If removed from the premises or excluded therefrom by the landlord or the landlord’s agent, except under color of a valid court order authorizing such removal or exclusion, the tenant may recover possession or terminate the rental agreement. The tenant may also recover treble the damages sustained or an amount equal to 3 times the per diem rent for the period of time the tenant was excluded from the unit, whichever is greater, and the costs of the suit excluding attorneys’ fees.
25 Del. C. § 7105 — Delaware Code / Title 25 / Chapter 71 / Section 7105
§ Â
        7105. Notice requirements.
Status: in_force

(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’ association, if 1 is in existence, of the owner’s intention to convert the property. The preliminary notice shall not constitute, nor shall it include, a notice to the tenant to terminate the tenant’s tenancy. Such preliminary notice shall also notify each tenant of the following:

(1) That there is a mandatory 3-year grace period prior to eviction;

(2) That the tenants’ association has the exclusive option to purchase that portion of the community which the owner proposes to convert, and must, within 90 days from the date it receives the preliminary notice, and the separate writing described in § 7108(a) of this title, notify the owner of its intent to exercise its option;

(3) That if the tenants’ association decides not to exercise its option, upon the expiration of the 90-day period, the option shall convert into a right of first refusal meaning that the property shall not be sold to any other purchaser, at any time, at any price or terms without first having been offered on the same terms to the tenants’ association;

(4) That no tenant shall be evicted prior to the expiration of the 3-year grace period, except for the following causes:

a. Nonpayment of rent; or

b. Violation of a material provision of the lease.

(b) Grace period. — After the expiration of 90 days from the date of the preliminary notice or filing of the conversion plan with the Recorder of Deeds, whichever is later, the owner may give final notice to each tenant that the tenant must vacate the premises at the end of the 3-year period, unless the tenant comes within any of the exceptions set forth in this section and § 7111 of this title. From the time of the delivery of the final notice, each tenant shall have a 3-year grace period before the owner may institute legal action for eviction. In any instance where a tenant’s lease is for a period of time which extends beyond the expiration date as set forth in the final notice, the grace period shall continue until expiration of such tenant’s lease.

(c) Final notice. —

The final notice shall contain a provision stating that each tenant in occupancy at the time of the preliminary notice shall have the exclusive right to purchase a unit in the proposed conversion project, and that such exclusive right to purchase shall continue through the first 90 days after the waiver or termination by the tenants’ association of its option, and for such additional time thereafter as the owner shall permit. A copy of the final notice shall also be mailed or delivered to the tenants’ association, if such association was in being at the time of the preliminary notice. The final notice shall contain a provision that any person who is a tenant of the manufactured home community, and who elects to purchase a unit in the conversion project, shall not be required to pay more for any unit than the price set forth in the conversion plan, nor more than any other person purchasing the same type of unit. The final notice shall not constitute, nor shall it include, a notice to the tenant to immediately terminate the tenant’s tenancy.
25 Del. C. § 7101 — Delaware Code / Title 25 / Chapter 71 / Section 7101
§ Â
        7101. Purpose of chapter.
Status: in_force

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.
25 Del. C. § 743 — Delaware Code / Title 25 / Chapter 7 / Subchapter II / Section 743
§ Â
        743. Investment or deposit of share of persons holding curtesy interest or life estate; appraisement and payment upon petition.
Status: in_force

A tenant by the curtesy or other life tenant of any real estate sold under the provisions of this chapter shall for the term of that tenant’s life be entitled to have and receive the interest of the proceeds of sale of the real estate, and the Court of Chancery in which such partition is pending may invest the proceeds, after the payment of the costs of the proceedings, or deposit the proceeds in any bank or trust company of this State in such manner that the tenant by the curtesy or other life tenant shall receive the interest and income during that tenant’s life, and the principal shall be paid, after the death of the tenant by the curtesy or other life tenant, to the other parties entitled. Upon the petition of the tenant by the curtesy or other life tenant, or any party to the proceeding, the Court may appraise the value of the interest and direct the payment to the tenant by the curtesy or other life tenant out of the proceeds of sale, the appraised valuation, and distribute the residue among the other parties entitled.
25 Del. C. § 748 — Delaware Code / Title 25 / Chapter 7 / Subchapter II / Section 748
§ Â
        748. Power of commissioners to make return of partition of part of lands; procedure.
Status: in_force

The commissioners appointed under § 724 of this title may, in any case, return a partition of a part of the lands and premises embraced in the proceedings for partition and return the residue without partition, and further proceedings shall be in accordance with the return so made. The Court may vary the terms of the commission as may be necessary to adapt it to cases contemplated by this section.
25 Del. C. § 2239 — Delaware Code / Title 25 / Chapter 22 / Subchapter VIII / Section 2239
§ Â
        2239. Repair or reconstruction.
Status: in_force

Except as hereinafter provided, damage to or destruction of the building or of 1 or more of several buildings which comprise the property shall be promptly repaired and restored by the council using the proceeds of insurance held by the council, if any, for that purpose, and the unit owners directly affected thereby shall be liable for assessment for any deficiency in proportion to their respective undivided ownership of the common elements. Provided, however, that if there is substantially total destruction of the building or of 1 or more of several buildings which comprise the property and if 75 percent of the unit owners directly affected thereby duly resolve not to proceed with repair or restoration, then, and in that event, the salvage value of the property or of the substantially destroyed building or buildings shall be subject to partition at the suit of any unit owner directly affected thereby, in which event the net proceeds of sale, together with the net proceeds of insurance policies held by the council, if any, shall be considered as 1 fund and shall be divided among the unit owners directly affected thereby in proportion to their respective undivided ownership of the common elements after discharging out of the respective shares of unit owners, directly affected thereby, to the extent sufficient for the purpose all liens against the units of such unit owners.
25 Del. C. § 2724 — Delaware Code / Title 25 / Chapter 27 / Subchapter II / Section 2724
§ Â
        2724. Entries in Mechanicsâ Lien Docket.
Status: in_force

The prothonotary in each county of this State shall procure and keep a docket, to be called “The Mechanics’ Lien Docket,” in which the prothonotary shall make an entry of each claim filed, setting down therein the names of the parties, plaintiff and defendant, the amount claimed, the day upon which the claim is filed and of the issuing of the scire facias, a description of the property against which the claim is sought to be charged, amount for which judgment is rendered, the day on which the same is rendered, the party for and against whom it is rendered and, in case of judgment for the plaintiff, the time to which the judgment relates back as a lien and other entries necessary and proper to a full understanding of the case. The time to which the judgment relates back as a lien shall be ascertained in the same manner as the amount of the judgment is ascertained.
25 Del. C. § 1604 — Delaware Code / Title 25 / Chapter 16 / Section 1604
§ Â
        1604. Effective term.
Status: in_force

A notice of pendency shall be effective for a term of 3 years from the date of recording with the recorder of deeds. Before expiration of a term or an extended term, the court, upon motion of the party recording the notice, for good cause shown, may grant an extension for a like additional term. An extension order shall be recorded with the recorder of deeds before expiration of the prior term. An extension order shall be recorded with the recorder of deeds before expiration of the prior term and no extension order may be entered by any court after the expiration of the original term or any extended term.
25 Del. C. § 733 — Delaware Code / Title 25 / Chapter 7 / Subchapter II / Section 733
§ Â
        733. Investment or division of sale proceeds.
Status: in_force

The proceeds of the sale, after deducting the costs of the proceedings, shall be invested by the Court in whole or in part for the benefit of the various parties and interests as their rights appear, or divided among the parties entitled according to their several interests and the rules of law and equity.
25 Del. C. § 173 — Delaware Code / Title 25 / Chapter 1 / Subchapter IV / Section 173
§ Â
        173. Power of married woman to make letter.
Status: in_force

A married woman may make a letter of attorney the same as though she were a femme sole.
25 Del. C. § 4102 — Delaware Code / Title 25 / Chapter 41 / Section 4102
§ Â
        4102. Removal of grain under lien.
Status: in_force

No person shall take, remove or carry away from the premises where it is threshed any wheat, corn, hay or other grain upon which there is a lien of any kind without the written consent of the person having such lien or without first paying in full the claim or bill of the person having such lien.
25 Del. C. § 906 — Delaware Code / Title 25 / Chapter 9 / Section 906
§ Â
        906. Accidental fire in house not waste.
Status: in_force

(a) A person in whose house or chamber fire accidentally begins shall not be answerable for waste.

(b) No contract between landlord and tenant shall be contravened by this section.
25 Del. C. § 750 — Delaware Code / Title 25 / Chapter 7 / Subchapter II / Section 750
§ Â
        750. Limitation of appeals.
Status: in_force

No appeal shall lie from any order or decree of the Court of Chancery touching any of these premises, unless taken within 3 months from the date of the order or decree.
25 Del. C. § 5907 — Delaware Code / Title 25 / Chapter 59 / Section 5907
§ Â
        5907. Discharge of the receiver.
Status: in_force

(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 provisions of any state or local statute, code, regulation or ordinance governing the maintenance, construction, use or appearance of the building and the surrounding grounds;

(3) The costs of the above work and any other costs as authorized herein have been paid or reimbursed from the rents and profits of the property; and

(4) The surplus money, if any, has been paid over to the owner.

(b) Upon paragraphs (a)(1) and (2) of this section being satisfied, the owner, mortgagee or any lienor may apply for the discharge of the receiver after paying to the latter all moneys expended by the receiver and all other costs which have not been paid or reimbursed from the rent and profits of the property.

(c) If the Court determines that future profits of the property will not cover the costs of satisfying paragraphs (a)(1) and (2) of this section, the Court may discharge the receiver and order such action as would be appropriate in the situation, including but not limited to terminating the rental agreement and ordering the vacation of the building within a specified time. In no case shall the Court permit repairs which cannot be paid out of the future profits of the property.
25 Del. C. § 81-308 — Delaware Code / Title 25 / Chapter 81 / Subchapter III / Section 81-308
§ Â
        81-308. Unit owner meetings.
Status: in_force

A meeting of the association must be held at least once each year. Special meetings of the association may be called by the president, a majority of the executive board, or by unit owners having at least 20 percent, or any lower percentage specified in the bylaws, of the votes in the association. Except in cases of emergency meetings, which may be held without prior notice, not fewer than 10 nor more than 60 days in advance of any regular or special meeting of the unit owners, the secretary or other officer specified in the bylaws shall cause notice of that meeting to be delivered to each unit owner by any means described in § 81-127 of this title or sent prepaid by United States mail to any mailing address designated in writing by the unit owner. The notice of any meeting must state the time and place of the meeting and the items on the agenda, or must state the website address where the agenda is located as provided in this section including:

(i) A statement of the general nature of any proposed amendment to the declaration or bylaws;

(ii) A statement that in the absence of objection from any unit owner present at the meeting, the president may add items to the agenda;

(iii) Any budget changes; and

(iv) Any proposal to remove an officer or member of the executive board.

The agenda may be posted on the website of the association, in lieu of being included in the notice, provided that the association shall, by any means described in § 81-127 of this title, furnish to any unit owner who so requests a copy of the agenda prior to the meeting. Regardless of the agenda, unit owners shall be given a reasonable opportunity at any meeting to offer comments to the executive board regarding any matter affecting the common interest community. If the association does not notify unit owners of a special meeting within 30 days after the requisite number or percentage of unit owners requested the secretary to do so, the requesting members may directly notify all the unit owners of that meeting. Only matters described in the meeting notice required by this section may be considered at a special meeting.
25 Del. C. § 81-125 — Delaware Code / Title 25 / Chapter 81 / Subchapter I / Section 81-125
§ Â
        81-125. Additional exceptions for preexisting common interest communities or approved common interest communities.
Status: in_force

Anything to the contrary in this chapter notwithstanding, an approved common interest community shall be treated under this chapter in the same manner as a preexisting common interest community.
25 Del. C. § 2210 — Delaware Code / Title 25 / Chapter 22 / Subchapter III / Section 2210
§ Â
        2210. Noncompliance with code of regulations and administrative provisions.
Status: in_force

Failure to comply with the code of regulations and with such rules governing the details of the use and operation of the property and the use of the common elements as may be in effect from time to time and with the covenants, conditions and restrictions set forth in the declaration or in deeds of units or in the declaration plan shall be grounds for an action for the recovery of damages or for injunctive relief or both maintainable by any member of the council on behalf of the council or the unit owners or in a proper case by an aggrieved unit owner or by any person who holds a mortgage lien upon a unit and is aggrieved by any such noncompliance.
25 Del. C. § 2227 — Delaware Code / Title 25 / Chapter 22 / Subchapter V / Section 2227
§ Â
        2227. Indexing by recording officer.
Status: in_force

The recorder shall index each declaration against the maker thereof as the grantor, and the name by which the property is identified therein as the grantee. The recorder shall index each declaration plan and code of regulations and any revocation in the name by which the property is identified therein in both the grantor index and the grantee index. The recorder shall index each unit deed and mortgage and lease covering a unit in the same manner as like instruments are indexed.
25 Del. C. § 5605 — Delaware Code / Title 25 / Chapter 56 / Section 5605
§ Â
        5605. Annual report.
Status: in_force

(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 Coordinator shall prepare a report, which must be approved by the State Court Administrator and include information from the prior fiscal year regarding all of the following:

(1) The number of covered individuals served.

(2) The extent of legal representation performed.

(3) Metrics on evaluating outcomes.

(4) The engagement and education of tenants.

(5) The number of covered individuals who have previously been represented in covered proceedings.

(6) Metrics on the level of experience of Justice of the Peace Court Form 50 agents, as authorized by Delaware Supreme Court Rule 57, who litigate against represented tenants, including the number of previous entries of appearance by each agent in a 12-month period, and the number of units owned by the entity being represented by the agent as documented on Justice of the Peace Court Form 50, if available. Justice of the Peace Court Form 50 is to be updated to include an optional field that requests the number of units owned or managed by the entity.

(7) The Justice of the Peace Court’s experience with the process.

(8) A full accounting of expenditures by the State Court Administrator and Right to Representation Coordinator under this chapter.

(c) The annual report must be posted on the State Court Administrator’s website.
25 Del. C. § 2230 — Delaware Code / Title 25 / Chapter 22 / Subchapter VI / Section 2230
§ Â
        2230. Effect of removal.
Status: in_force

When property subject to the provisions of this chapter has been removed as provided in § 2229 of this title, the former unit owners shall at the time such removal becomes effective become tenants in common of the property. The undivided interest in the property owned in common which shall appertain to each unit owner at the time of removal shall be the percentage of undivided interest previously owned by such person in the common elements.
25 Del. C. § 7052 — Delaware Code / Title 25 / Chapter 70 / Subchapter VI / Section 7052
§ Â
        7052. Rent justification; when ÂÂ 7052A and 7052B of this title do not apply [For application of this section, see 79 Del. Laws, c. 304, Ââ7].
Status: in_force

(a) (1) This section applies to rent increases for all single-year and for all multiple-year leases entered into or renewed upon expiration of a prior lease after November 30, 2013, if notice of a rent increase was provided before July 1, 2022.

(2) This section also applies to a lease when notice of a rent increase is provided on or after July 1, 2027, if § 7052A of this title does not apply.

(b) A community owner may raise a homeowner’s rent for any and all 12-month periods governed by the rental agreement in an amount greater than the average annual increase of the CPI-U for the most recently available preceding 36-month period, provided the community owner can demonstrate the increase is justified for all of the following conditions:

(1) The community owner, during the preceding 12-month period, has not been found in violation of any provision of this chapter that threatens the health or safety of the residents, visitors, or guests that persists for more than 15 days, beginning from the day the community owner received notice of such violation.

(2) The proposed rent increase is directly related to operating, maintaining, or improving the manufactured home community, and justified by 1 or more factors listed under subsection (d) of this section.

(c) The Delaware State Housing Authority shall monitor the CPI-U and report to the Authority findings and recommendations relevant to the cost of rent in manufactured home communities in Delaware.

(d) One or more of the following factors may justify the increase of rent in an amount greater than the CPI-U:

(1) The completion and cost of any capital improvements or rehabilitation work in the manufactured home community, as distinguished from ordinary repair, replacement, and maintenance.

(2) Changes in property taxes or other taxes within the manufactured home community.

(3) Changes in utility charges within the manufactured home community.

(4) Changes in insurance costs and financing associated with the manufactured home community.

(5) Changes in reasonable operating and maintenance expenses relating to the manufactured home community including costs for water service; sewer service; septic service; water disposal; trash collection; and employees.

(6) The need for repairs caused by circumstances other than ordinary wear and tear in the manufactured home community.

(7) Market rent.

(8) The amount of rental assistance provided by the community owner to the homeowners under § 7022 of this title.

(e) A community owner shall not incorporate the cost of a civil penalty, criminal fine, or litigation-related costs for rent-related proceedings into rent charged under any circumstance. A community owner also shall not utilize as justification for any future rental increase the cost of capital improvements or rehabilitation work, once that cost has been fully recovered by rental increases that were incorporated into a prior rental increase in excess of CPI-U, where the prior rental increase was properly implemented under this subchapter.
25 Del. C. § 6308 — Delaware Code / Title 25 / Chapter 63 / Section 6308
§ Â
        6308. Answer to claim; hearing; final order of sale.
Status: in_force

(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 than 5 days after the levy. At the hearing, the Court may determine and decide all issues raised, may issue an order for the sale of the goods and may make such orders in connection therewith as may be required.

(b) In any final order for the sale of goods distrained, the Court shall have power to increase the amount of rent claimed to an amount equal to the sum of the plaintiff’s original claim plus rent accruing after the filing of the claim for distress up to the day of sale on which rent may fall due.

(c) If the tenant named as defendant in an action for distress shall fail to file an answer to the petition for distress and/or appear at the time and place set for the hearing, the Court may upon motion of the plaintiff issue an order for the sale of the goods distrained.
25 Del. C. § 5104 — Delaware Code / Title 25 / Chapter 51 / Subchapter I / Section 5104
§ Â
        5104. Obligations of good faith.
Status: in_force

Every duty under this Code, and every act which must be performed as a condition precedent to the exercise of a right or remedy under this Code, imposes an obligation of good faith in its performance or enforcement.
25 Del. C. § 2219 — Delaware Code / Title 25 / Chapter 22 / Subchapter IV / Section 2219
§ Â
        2219. Contents of declaration.
Status: in_force

The declaration shall contain the following:

(1) A reference to this chapter and an expression of the intention to submit the property to the provisions of this chapter;

(2) A description of the land and building;

(3) The name by which the property will be known;

(4) A statement that the property is to consist of units and common elements as shown in a declaration plan;

(5) A description of the common elements and the proportionate undivided interest expressed as a percentage assigned to each unit therein, provided the sum of the undivided interests in the common elements allocated at any time to all the units must equal 1 if stated as a fraction or 100 percent if stated as a percentage, except for minor variations due to rounding. In the event of any discrepancy between an allocated interest and the result derived from application of the pertinent formula, then the allocated interest prevails;

(6) A statement that the proportionate undivided interest in the common elements may be altered by the recording of an amendment duly executed by all unit owners affected thereby;

(7) A statement of the purposes or uses for which each unit is intended and restrictions, if any, as to use;

(8) The names of the first members of council;

(9) Any further details in connection with the property which the party or parties executing the declaration may deem appropriate.
25 Del. C. § 5716 — Delaware Code / Title 25 / Chapter 57 / Section 5716
§ Â
        5716. Stay of proceedings by tenant; good faith dispute.
Status: in_force

When a final judgment is rendered in favor of the plaintiff in a proceeding brought against a tenant for failure to pay rent and the default arose out of a good faith dispute, the tenant may stay all proceedings on such judgment by paying all rent due at the date of the judgment and the costs of the proceeding or by filing with the court an undertaking to the plaintiff, with such assurances as the court shall require, to the effect that defendant will pay such rent and costs within 10 days of the final judgment being rendered for the plaintiff. At the expiration of said period, the court shall issue a warrant of possession unless satisfactory proof of payment is produced by the tenant.
25 Del. C. § 5710 — Delaware Code / Title 25 / Chapter 57 / Section 5710
§ Â
        5710. Trial.
Status: in_force

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 applicant to procure necessary witnesses or evidence or by consent of all the parties who appear, may adjourn the trial, but not more than 10 days, except by consent of all parties.
25 Del. C. § 5006 — Delaware Code / Title 25 / Chapter 50 / Section 5006
§ Â
        5006. Rules and regulations.
Status: in_force

The Department shall establish rules and regulations by which it can carry out the terms of this law.
25 Del. C. § 2609 — Delaware Code / Title 25 / Chapter 26 / Section 2609
§ Â
        2609. Escrow of lien amount [For application of this section, see 79 Del. Laws, c. 18, Ââ2].
Status: in_force

Whenever an affidavit and notice of broker’s lien has been recorded, the record owner of the commercial real estate or the tenant in case of a lien upon the leasehold estate may have the lien released by depositing funds equal to the full amount stated in the notice of lien plus 10% to be applied towards any sums awarded the broker under § 2611 of this title. These funds shall be held in escrow by such person and by such process which may be agreed to by the parties, either in the brokerage agreement or otherwise, for the payment to the broker or otherwise for resolution for their dispute or, in the absence of any such mutually agreed person or process, the funds may be deposited with the Superior Court by the filing of an interpleader. Upon such deposit of funds by interpleader, the commercial real estate shall be considered released from such lien or claim of lien. Upon written notice to the broker that the funds have been escrowed or an interpleader filed, the broker shall within 10 business days file in the same office of the recorder of deeds where the affidavit and notice of broker’s lien was filed a document stating that the lien is released, and the commercial real estate released, by an escrow established pursuant to this section or by interpleader. If the broker fails to file such document, the person holding the funds may sign and file such document and deduct from the escrow the reasonable cost of preparing and filing the document. Upon the filing of such document, the broker shall be deemed to have an equitable lien on the escrow funds pending a resolution of the broker’s claim for payment and the funds shall not be paid to any person (except for such payment to the holder of the funds as aforesaid) until a resolution of the broker’s claim for payment has been agreed to by all necessary parties or ordered by a court having jurisdiction.
25 Del. C. § 2243 — Delaware Code / Title 25 / Chapter 22 / Subchapter VIII / Section 2243
§ Â
        2243. âFor Saleâ signs.
Status: in_force

Any unit owner shall have the right to display a “For Sale” sign, measuring up to 12 inches by 18 inches (12″ X 18″) on the exterior wall of such person’s unit or the common elements proximate to the unit. Such “For Sale” sign shall be entitled “For Sale”, and contain such information as accurately describes the unit and any applicable names, addresses and phone numbers of the person or persons who are offering the unit for sale, unless unit owners enact a covenant that prohibits this practice.

Developers may initially ban such signs for 2 years from the first sale of a unit, or until 75 percent of the units are sold, whichever comes first.
25 Del. C. § 7106 — Delaware Code / Title 25 / Chapter 71 / Section 7106
§ Â
        7106. Approval by Attorney General.
Status: in_force

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 with this chapter. Where the Attorney General has not acted to approve, conditionally approve or disapprove a conversion plan or prospective conversion within 90 days after receipt of the conversion plan, the conversion plan or prospective conversion shall be deemed to have been approved; provided, however, that the provisions of § 7103 of this title are mandatory, and cannot be waived. The Attorney General may, by a writing addressed to the owner, suspend the Attorney General’s decision for an additional 30 days. When the conversion plan is approved, no provision of the plan shall be changed without the written approval of the Attorney General.
25 Del. C. § 5114 — Delaware Code / Title 25 / Chapter 51 / Subchapter I / Section 5114
§ Â
        5114. Notice; contractual notice between the parties.
Status: in_force

A person has notice of a fact if:

(1) The person has actual knowledge of it;

(2) The person has received a notice pursuant to the provisions of this Code; or

(3) From all the facts and circumstances known at the time in question, such person has reason to know that it exists.
25 Del. C. § 5512 — Delaware Code / Title 25 / Chapter 55 / Section 5512
§ Â
        5512. Rules and regulations relating to certain buildings; landlord remedies.
Status: in_force

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 rooms in certain buildings may be terminated immediately upon notice to the tenant for a tenant’s material violation of a regulation which has been given to a tenant at the time of contract or lease, and in cases where there is no written lease, either 15 days after written notice to the tenant of a breach of the covenant of quiet enjoyment of similar conduct, or 30 days after written notice for any other reason, and the landlord shall be entitled to bring a proceeding for possession where:

(1) The building is the primary residence of the landlord; and

(2) No more than 3 rooms in the building are rented to tenants; and

(3) No more than 3 tenants occupy such building.
25 Del. C. § 5311 — Delaware Code / Title 25 / Chapter 53 / Section 5311
§ Â
        5311. Fees.
Status: in_force

Except for an optional service fee for actual services rendered, such as a pool fee or tennis court fee, a landlord shall not charge to a tenant any nonrefundable fee as a condition for occupancy of the rental unit. Nothing in this section shall prevent the tenant from electing, subject to the landlord’s acceptance, to purchase an optional surety bond instead of or in combination with a security deposit.
25 Del. C. § 81-219 — Delaware Code / Title 25 / Chapter 81 / Subchapter II / Section 81-219
§ Â
        81-219. Rights of secured lenders.
Status: in_force

(a) The declaration may require that all or a specified number or percentage of the lenders who hold security interests encumbering the units or who have extended credit to the association approve specified actions of the unit owners or the association as a condition to the effectiveness of those actions, but no requirement for approval may operate to:

(i) Deny or delegate control over the general administrative affairs of the association by the unit owners or the executive board, or

(ii) Prevent the association or the executive board from commencing, intervening in, or settling any litigation or proceeding, or

(iii) Prevent any insurance trustee or the association from receiving and distributing any insurance proceeds except pursuant to § 81-313 of this title.

(b) A lender who has extended credit to an association secured by an assignment of income or an encumbrance on the common elements may enforce its security agreement in accordance with its terms, subject to the requirements of this chapter and other law. Requirements that the association must deposit its periodic common charges before default with the lender to which the association’s income has been assigned, or increase its common charges at the lender’s direction by amounts reasonably necessary to amortize the loan in accordance with its terms, do not violate the prohibitions on lender approval contained in subsection (a) of this section.
25 Del. C. § 5709 — Delaware Code / Title 25 / Chapter 57 / Section 5709
§ Â
        5709. Answer.
Status: in_force

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 contain any legal or equitable defense or counter-claim, not to exceed the jurisdiction of the court.
25 Del. C. § 2106 — Delaware Code / Title 25 / Chapter 21 / Section 2106
§ Â
        2106. Priority of mortgage from time of recording.
Status: in_force

A mortgage, or a conveyance in the nature of a mortgage, of lands or tenements shall have priority according to the time of recording it in the proper office, without respect to the time of its being sealed and delivered, and shall be a lien from the time of recording it and not before.
25 Del. C. § 7103 — Delaware Code / Title 25 / Chapter 71 / Section 7103
§ Â
        7103. Requisites for conversion.
Status: in_force

(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 more of all manufactured home sites available; or the ratio of multiple-unit manufactured home housing is 25 percent or less of all manufactured home sites available in the affected community all as established according to the records of the appropriate municipal board of assessment and planning and zoning commission or county board of assessment and planning and zoning commission, as the case may be.

(b) No real property on which a manufactured home is located shall be converted into multiple-unit usage unless at least 35 percent of the tenants at the date the conversion plan is filed with the recorder of deeds have agreed to the proposed conversion; provided, however, that in the event of any vote or tally, there shall be only 1 vote for each manufactured home site.

(c) No real property on which a manufactured home community is located shall be converted into multiple-unit usage if the rent for any tenant has been raised during the 6-month period immediately prior to the preliminary notice.
25 Del. C. § 5101 — Delaware Code / Title 25 / Chapter 51 / Subchapter I / Section 5101
§ Â
        5101. Applicability of Code.
Status: in_force

(a) This Code shall regulate and determine all legal rights, remedies and obligations of all parties and beneficiaries of any rental agreement of a rental unit within this State, wherever executed. Any rental agreement, whether written or oral, shall be unenforceable insofar as the agreement or any provision thereof conflicts with any provision of this Code, and is not expressly authorized herein. The unenforceability shall not affect other provisions of the agreement which can be given effect without the void provision.

(b) Any rental agreement for a commercial rental unit is excluded from this Code. All legal rights, remedies and obligations under any agreement for the rental of any commercial rental unit shall be governed by general contract principles; and only Chapter 57 of Title 25 and Part IV of Title 25 shall have any application to commercial rental agreements.

(c) This Code shall apply to any relationship between parties arising by law under a conditional sales agreement which has been converted to a landlord/tenant agreement by operation of § 314(d)(3) of this title, but shall not apply to any other conditional sales agreement.
25 Del. C. § 2717 — Delaware Code / Title 25 / Chapter 27 / Subchapter II / Section 2717
§ Â
        2717. Proof of work done or materials furnished as prima facie evidence of extension of credit on structure.
Status: in_force

Proof by the claimant that labor or materials, or both, was performed or furnished upon or to any structure, or immediately adjacent thereto, or that construction management services were provided in connection with the performance or furnishing of such labor or materials, shall be prima facie evidence that the same was performed or furnished or provided for and on the credit of such structure.
25 Del. C. § 7062 — Delaware Code / Title 25 / Chapter 70 / Subchapter VII / Section 7062
§ Â
        7062. Necessary parties defendant.
Status: in_force

(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 interest in the property is capable of being protected in this proceeding.

(b) Petitioners shall not be prejudiced by a failure to join any other interested parties.
25 Del. C. § 2213 — Delaware Code / Title 25 / Chapter 22 / Subchapter III / Section 2213
§ Â
        2213. Work on common elements.
Status: in_force

The maintenance, repair and replacement of the common elements and the making of improvements or additions thereto shall be carried on only as provided in the code of regulations.
25 Del. C. § 7067 — Delaware Code / Title 25 / Chapter 70 / Subchapter VII / Section 7067
§ Â
        7067. Discharge of receiver; costs.
Status: in_force

(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 property materially complies with all applicable provisions of any state or local statute, code, regulation, or ordinance governing the maintenance, construction, use, or appearance of the surrounding grounds.

(3) The costs of the above work and any other costs as authorized herein have been paid or reimbursed from the rents and profits of the property.

(4) The surplus money, if any, has been paid over to the owner.

(b) Upon paragraphs (a)(1) and (a)(2) of this section being satisfied, the owner, mortgagee, or any lienor may apply for the discharge of the receiver after paying to the latter all moneys expended by that receiver and all other costs which have not been paid or reimbursed from the rents and profits of the property.

(c) If the court determines that future profits of the property will not cover the cost of satisfying paragraphs (a)(1) and (a)(2) of this section, the court may discharge the receiver and order such action as would be appropriate in the situation, including but not limited to terminating the rental agreement; and may order the vacation of the mobile home park within a specified time. In no case shall the court permit repairs which cannot be paid out of the future profits of the property.
25 Del. C. § 741 — Delaware Code / Title 25 / Chapter 7 / Subchapter II / Section 741
§ Â
        741. Appointment of trustee for joint ownerâs widow with a mental disability.
Status: repealed

If a parcener, tenant in common or joint tenant, or assignee of the interest, in real estate, dies leaving a widow with a mental disability, or a widow becomes mentally disabled before the assignment of dower and partition of the residue of the lands of the decedent, a trustee for the widow with a mental disability may be appointed by the Court of Chancery and proceedings for partition may be had in the manner and form as prescribed by § 911 of Title 12 [repealed].
25 Del. C. § 5502 — Delaware Code / Title 25 / Chapter 55 / Section 5502
§ Â
        5502. Landlord remedies for failure to pay rent.
Status: in_force

(a) A landlord or the landlord’s agent may, any time after rent is due, including the time period between the date the rent is due and the date under this Code when late fees may be imposed, demand payment thereof and notify the tenant in writing that unless payment is made within a time mentioned in such notice, to be not less than 5 days after the date notice was given or sent, the rental agreement shall be terminated. If the tenant remains in default, the landlord may thereafter bring an action for summary possession of the dwelling unit or any other proper proceeding, action or suit for possession.

(b) A landlord or the landlord’s agent may bring an action for rent alone at any time after the landlord has demanded payment of past-due rent and has notified the tenant of the landlord’s intention to bring such an action. This action may include late charges, which have accrued as additional rent.

(c) If a tenant pays all rent due before the landlord has initiated an action against the tenant and the landlord accepts such payment without a written reservation of rights, the landlord may not then initiate an action for summary possession or for failure to pay rent.

(d) If a tenant pays all rent due after the landlord has initiated an action for nonpayment or late payment of rent against the tenant and the landlord accepts such payment without a written reservation of rights, then the landlord may not maintain that action for past due rent.
25 Del. C. § 2725 — Delaware Code / Title 25 / Chapter 27 / Subchapter II / Section 2725
§ Â
        2725. Procedure where claimant institutes personal action and also proceeds under this chapter.
Status: in_force

(a) When the claimant proceeds under this chapter for availing the claimant’s own self of that claimant’s lien and institutes any personal action for the same demand or any part thereof or for a demand of which the amount for which the claimant claims a lien is a part, it shall be no objection in either suit that some of the parties defendant in the 1 suit are not also parties defendant in the other suit. In any such personal action or in the suit to avail the plaintiff’s own self of the lien, whichever is last docketed, the plaintiff shall file an affidavit setting out the demand in each of the suits and stating to what extent the respective demands are identical. The judgment in either of the actions shall not be pleaded as a bar in the other action.

(b) Whenever any moneys are applied on the judgment on either of the demands pursuant to the execution thereof or pursuant to any other execution proceedings, the Superior Court may order all or any part to be credited on the judgment in the other of the demands according to the equity of the matter as the equity appears to the Court.
25 Del. C. § 3501 — Delaware Code / Title 25 / Chapter 35 / Section 3501
§ Â
        3501. Enforcement by public sale; nature of sale.
Status: in_force

In all cases in which commission merchants, factors and all common carriers or other persons have a lien under existing laws upon any goods, wares, merchandise or other personal property for or on account of the costs or expenses of carriage, storage or labor bestowed on such goods, wares, merchandise or other personal property, if the owner or consignee of the property fails or neglects or refuses to pay the amount of charges upon any such property, goods, wares or merchandise, within 60 days after demand thereof, made personally upon such owner or consignee or at such owner’s or consignee’s last known place of residence, then in such case the commission merchant, factor, common carrier or other person having such lien may, after the expiration of the period of 60 days, expose the goods, wares, merchandise or other personal property to sale at public auction and sell the same, or so much thereof as is sufficient to discharge the lien together with costs of sale and advertising. Notice of the sale, together with the name of the person to whom the goods have been consigned, shall first be published for 3 successive weeks in a newspaper published in the county and by 6 written or printed handbills, put up in the most public and conspicuous places in the vicinity of the depot where the goods are located.
25 Del. C. § 156 — Delaware Code / Title 25 / Chapter 1 / Subchapter III / Section 156
§ Â
        156. Recording on date of sealing and delivery.
Status: in_force

Any and all deeds and letters of attorney which have been recorded on the day of the sealing and delivery thereof shall be deemed to have been properly recorded.
25 Del. C. § 125 — Delaware Code / Title 25 / Chapter 1 / Subchapter II / Section 125
§ Â
        125. Place for taking acknowledgment or proof.
Status: in_force

It shall not be necessary that the acknowledgment or proof of a deed be taken in the county wherein the premises are situate.
25 Del. C. § 130 — Delaware Code / Title 25 / Chapter 1 / Subchapter II / Section 130
§ Â
        130. Notarial acts by members of the armed forces.
Status: in_force

(a) In addition to the acknowledgment of instruments and the performance of other notarial acts in the manner and form and as otherwise authorized by law, instruments may be acknowledged, documents attested, oaths and affirmations administered, depositions and affidavits executed, and other notarial acts performed before or by any commissioned officer in active service of the armed forces of the United States with the rank of second lieutenant or higher in the army, marine corps, or air force, or with the rank of ensign or higher in the navy or coast guard, or with equivalent rank in any other component part of the armed forces of the United States by any person who either is:

(1) A member of the armed forces of the United States; or

(2) Serving as a merchant seaman outside the limits of the United States included within the 48 states and the District of Columbia; or

(3) Outside the limits by permission, assignment or direction of any department or official of the United States government, in connection with any activity pertaining to the prosecution of any war in which the United States is then engaged.

(b) Such acknowledgment of instruments, attestation of documents, administration of oaths and affirmations, execution of depositions and affidavits, and performance of other notarial acts made or taken are declared legal, valid and binding. Instruments and documents so acknowledged, authenticated or sworn to shall be admissible in evidence and eligible to record in this State under the same circumstances, and with the same force and effect, as if such acknowledgment, attestation, oath, affirmation, deposition, affidavit or other notarial act had been made or taken within this State before or by a duly qualified officer or official as otherwise provided by law.

(c) In the taking of acknowledgments and the performing of other notarial acts requiring certification, a certificate indorsed upon or attached to the instrument or documents, which shows the date of the notarial act and which states, in substance, that the person appearing before the officer acknowledged the instrument as the person’s act or made or signed the instrument or document under oath, shall be sufficient for all intents and purposes. The instrument or document shall not be rendered invalid by the failure to state the place of execution or acknowledgment.

(d) If the signature, rank and branch of service or subdivision thereof of any such commissioned officer appears upon such instrument or document or certificate, no further proof of the authority of such officer so to act shall be required, and such action by such commissioned officer shall be prima facie evidence that the person making such oath or acknowledgment is within the purview of this section.
25 Del. C. § 171 — Delaware Code / Title 25 / Chapter 1 / Subchapter IV / Section 171
§ Â
        171. Acknowledgment or proof.
Status: in_force

A letter of attorney to sell or dispose of lands, tenements or hereditaments, or to acknowledge a deed concerning lands, tenements or hereditaments, may be acknowledged or proved, and the acknowledgment or proof certified, as prescribed in this chapter in respect to the acknowledgment or proof of a deed. If a party making a letter of attorney is out of the State, the provisions of § 129 of this title, concerning the acknowledgment or proof of a deed when the party making it is out of the State, shall apply.
25 Del. C. § 6724 — Delaware Code / Title 25 / Chapter 67 / Subchapter II / Section 6724
§ Â
        6724. Delivery of crop rent.
Status: in_force

In the absence of any agreement between a landlord and that landlord’s tenant fixing the place at which crop rent shall be delivered, it shall be delivered upon the leased premises.
25 Del. C. § 210 — Delaware Code / Title 25 / Chapter 2 / Section 210
§ Â
        210. Notice, delivery, acceptance, consideration not required.
Status: in_force

A transfer on death deed is effective without any of the following:

(1) Notice or delivery to, or acceptance by, the designated beneficiary during the transferor’s life.

(2) Consideration.
25 Del. C. § 6101 — Delaware Code / Title 25 / Chapter 61 / Section 6101
§ Â
        6101. Metering and charges for utility services.
Status: in_force

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 operation of the common area); and

(2) Continuously meters the tenant’s use in that commercial unit to which it redistributes the utility service and continually meters the common area;

Such landlord or other person may charge and collect from such tenant, by way of rent or otherwise, an amount not to exceed the amount the tenants would be billed by the public utility for such utility service if the same was directly metered by such public utility.
25 Del. C. § 6707 — Delaware Code / Title 25 / Chapter 67 / Subchapter I / Section 6707
§ Â
        6707. Removal by tenant of hay.
Status: in_force

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 owner, a like quantity of hay. In any dispute concerning the quantity of hay removed or carried upon such demised premises by the tenant at the beginning of the tenant’s tenancy, the burden of proof shall be upon the tenant.
25 Del. C. § 2108 — Delaware Code / Title 25 / Chapter 21 / Section 2108
§ Â
        2108. Priority of purchase money mortgages.
Status: in_force

(a) For purposes of this section, “purchase money mortgage” means 1 or more of the following:

(1) A mortgage taken by the seller of the mortgaged property to secure the payment of all or part of the purchase price.

(2) A mortgage taken by a mortgagee other than the seller of the mortgaged property to secure the repayment of money actually advanced by the mortgagee to or on behalf of a mortgagor at the time the mortgagor acquires title to the property and used by the mortgagor at that time to pay all or part of the purchase price.

(b) A mortgage that states that the mortgage is intended to constitute a purchase money mortgage creates a rebuttable presumption that the mortgage is a purchase money mortgage under this section.

(c) A lien of a purchase money mortgage on lands or tenements, or any part thereof, has preference to and priority over a judgment against the mortgagor or any other lien created or suffered by the mortgagor, including a lien filed or entitled to be filed under Chapter 27 of this title, although the judgment or lien is of a date before the purchase money mortgage, if both of the following occur:

(1) The lands or tenements are sold and 1 or more purchase money mortgages on the lands or tenements, or any part thereof, are made by the purchaser to the seller or mortgagee for securing the purchase money, or any part thereof.

(2) The mortgages are recorded within 10 days after the deed conveying the land or tenements from the seller to the purchaser is recorded.

(d) As between 2 or more purchase money mortgages on the same land, the mortgages have priority and preference according to the times that the mortgages are severally recorded in the proper office. Two or more mortgages, recorded at the same time, do not have preference or priority as between themselves.
25 Del. C. § 5413 — Delaware Code / Title 25 / Chapter 54 / Section 5413
§ Â
        5413. Antiloophole provision [For implementation of this section, see 85 Del. Laws, c. 98, Â 5(2)].
Status: in_force

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 attempt to partition or transfer ownership to avoid classification as a large property owner must be considered a violation of this chapter and subject to penalties. Any rental unit transferred to a spouse, child, or parent of the property owner will be counted as a rental unit of the initial owner or transferor.