25 Del. C. § 5602 — Delaware Code / Title 25 / Chapter 56 / Section 5602
§ Â
        5602. Right to legal representation.
Status: in_force

(a) (1) a. Except as provided under paragraph (a)(2) of this section, a tenant has the right to legal representation as provided under this chapter if the tenant’s household income over the immediately preceding 12 months is not greater than 200% of the federal poverty guidelines, as established and updated periodically by the United States Department of Health and Human Services.

b. For the purpose of determining household income, a cosignor of a rental agreement and all members of the cosignor’s family who reside with the cosignor are included in the household income calculation if the tenant is a full-time student, as designated by the institution in which the tenant is enrolled.

(2) A tenant is not eligible to receive legal representation from a designated organization if any of the following apply:

a. The tenant’s landlord has an ownership interest in 3 or fewer rental units and is not represented by an attorney or an agent authorized by a rule of the Delaware Supreme Court.

b. A designated organization determines that there is a conflict of interest.

c. A designated organization declines representation for 1 or more of the following reasons:

1. A tenant does not comply with the application or representation process.

2. Rules of professional conduct warrant withdrawal.

3. An attorney deems the tenant’s defense or appeal to lack merit.

d. Other circumstances exist which make legal representation infeasible to render.

(b) A covered individual is entitled to receive legal representation from a designated organization in a covered proceeding and as soon as practicable after any of the following:

(1) A landlord provides a notice to the tenant as follows:

a. Under § 5502 of this title that rent is past due.

b. Under § 5513 of this title that the tenant has violated a material provision of the rental agreement.

c. Under § 5106 of this title that the rental agreement is terminated, if the rental agreement is 1 that may only be terminated for good cause or a material violation by the tenant.

(2) The initiation of a covered proceeding.

(3) The covered individual has been notified that the covered individual’s housing subsidy has been terminated.

(4) The determination by a designated organization that a proceeding arising from the landlord-tenant relationship on behalf of a covered individual should be initiated.

(c) A covered individual’s opportunity to receive legal representation must be provided by the time of a covered individual’s first scheduled appearance in a covered proceeding.

(d) In a case involving rental arrears, a covered individual shall immediately be referred by the covered individual’s legal representative to the Delaware Housing Assistance Program, or any successor rental assistance program, and shall receive assistance in applying for and obtaining housing assistance as part of the individual’s legal representation.

(e) The rights in this section are subject to, and qualified by, the availability of legal representation under § 5604 of this title and the implementation period under § 5607 of this title. An individual does not have a cause of action against the Coordinator or designated organization based on the unavailability of legal representation.
25 Del. C. § 81-117 — Delaware Code / Title 25 / Chapter 81 / Subchapter I / Section 81-117
§ Â
        81-117. Exception for small condominiums and cooperatives.
Status: in_force

If a condominium or cooperative contains no more than 20 units and is not subject to any development rights expanding it to include more than 20 units, it is subject only to §§ 81-106 (Applicability of local ordinances, regulations, and building codes) and 81-107 of this title (Eminent domain), but to no other sections of this chapter unless the declaration provides that the entire chapter is applicable. The bylaws of any such condominium or cooperative, and any amendments thereto, shall be recorded.
25 Del. C. § 726 — Delaware Code / Title 25 / Chapter 7 / Subchapter II / Section 726
§ Â
        726. Final decree of partition.
Status: in_force

If, upon the return of the commissioners, it appears that partition of the premises has been made, as directed, and the partition is approved by the Court of Chancery, a final decree shall be entered that the partition shall remain firm and stable forever, and the proceedings and decree shall be conclusive upon the parties and all claiming under them.
25 Del. C. § 2202 — Delaware Code / Title 25 / Chapter 22 / Subchapter I / Section 2202
§ Â
        2202. Definitions.
Status: in_force

The following words or phrases, as used in this chapter, shall have the meanings ascribed to them in this section, unless the context of this chapter clearly indicates otherwise:

(1) “Building” means any multi-unit building or buildings or complex thereof, whether in vertical or horizontal arrangement, as well as other improvements comprising a part of the property and used or intended for use for residential, commercial or industrial purposes or for any other lawful purpose or for any combination of such uses.

(2) “Code of regulations” means such governing regulations as are adopted pursuant to this chapter for the regulation and management of the property, including such amendments thereof as may be adopted from time to time.

(3) “Common elements” means and includes:

a. The land on which the building is located and portions of the building which are not included in a unit;

b. The foundations, structural parts, supports, main walls, roofs, basements, halls, corridors, lobbies, stairways and entrances and exits of the building;

c. The yards, parking areas and driveways;

d. Portions of the land and building used exclusively for the management, operation or maintenance of the common elements;

e. Installations of all central services and utilities;

f. All apparatus and installations existing for common use;

g. All other elements of the building necessary or convenient to its existence, management, operation, maintenance and safety or normally in common use; and

h. Such facilities as are designated in the declaration as common elements.

(4) “Common expenses” means and includes:

a. Expenses of administration, maintenance, repair and replacement of the common elements;

b. Expenses agreed upon as common by all the unit owners; and

c. Expenses declared common by provisions of this chapter or by the declaration or the code of regulations.

(5) “Council” means a board of natural individuals of the number stated in the code of regulations all of whom shall be either residents of this State or unit owners, as defined in paragraph (21) of this section, but need not be both, and who shall manage the business operation and affairs of the property on behalf of the unit owners and in compliance with and subject to the provisions of this chapter.

(6) “Declaration” means the instrument by which the owner in fee simple or lessee of the property submits it to the provisions of this chapter as hereinafter provided and all amendments thereof.

(7) “Declaration plan” means a survey of the property prepared in accordance with § 2219 of this title.

(8) “Fully funded,” or any variation thereof, with respect to the repair and replacement reserve, means a repair and replacement reserve which:

a. When supplemented by a fixed, budgeted annual addition compliant with § 2244 of this title, contains that balance of funds which will meet fully, without supplementation by borrowed funds or special assessments, the cost of each projected repair and replacement noted in the reserve study no later than the date when each such repair or replacement is projected to be required by the reserve study as defined in paragraph (17) of this section, and

b. With all budgeted contributions and expenditures for repairs and replacements projected out no less than 20 years, will never fall below a positive balance.

(9) “Majority” or “majority of the unit owners” means the owners of more than 50 percent in the aggregate in interest of the undivided ownership of the common elements as specified in the declaration.

(10) “Nonresidential condominium” means a condominium in which all units are restricted exclusively to nonresidential purposes.

(11) “Nonresidential purposes” means use for a purpose other than use for a dwelling and appurtenant recreational purposes, or both.

(12) “Person” means a natural individual, corporation, partnership, association, trustee or other legal entity.

(13) “Property” means and includes the land, the building, all improvements thereon, all owned either in fee simple or under lease, and all easements, rights and appurtenances belonging thereto which have been or are intended to be submitted to the provisions of this chapter.

(14) “Recorded” means that an instrument has been duly entered of record in the office of the recorder of deeds of the county in which the property is situate.

(15) “Recorder” means the recorder of deeds of the county in which the property is situate.

(16) “Repair and replacement reserve” means a reserve fund maintained by the council solely for the repair and replacement of common elements, and for no other purpose (including operating budget shortfalls or other expenditures appropriate to a contingency reserve).

(17) “Reserve study” means an analysis, performed or updated within the last 5 years by 1 or more independent engineering, architectural or construction contractors, or other qualified persons, of the remaining useful life and the estimated cost to replace each separate system and component of the common elements, the purpose of which analysis is to inform the council and the unit owners of the amount which should be maintained from year to year in a fully funded repair and replacement reserve to minimize the need for special assessments.

(18) “Revocation” means an instrument signed by all of the unit owners and by all holders of liens against the units by which the property is removed from the provisions of this chapter.

(19) “Unit” means a part of the property designed or intended for any type of independent use which has a direct exit to a public street or way, or to a common element or common elements leading to a public street or way, or to an easement or right-of-way leading to a public street or way, and includes the proportionate undivided interest in the common elements which is assigned thereto in the declaration or any amounts thereof.

(20) “Unit designation” means the number, letter or combination thereof designating a unit in the declaration plan.

(21) “Unit owner” means the person or persons owning a unit.
25 Del. C. § 7020A — Delaware Code / Title 25 / Chapter 70 / Subchapter II / Section 7020A
§ Â
        7020A. Health or safety violations.
Status: in_force

(a) If water, sewer, or septic supplied by or gas or electric distributed by the community owner fails or is not supplied safely, or if a community owner receives an official notice of an unsafe condition, the community owner must fix the problem within 10 days or do all of the following:

(1) Provide written documentation that there has been meaningful effort to fix the issue within 10 days.

(2) Provide a written detailed explanation of efforts taken and the specific reasons why the issue was unable to be resolved within the 10-day period, including the anticipated resolution date of the issue, to all of the following:

a. Every affected resident in the community.

b. To any homeowners’ association for residents of the community, if 1 exists.

c. Demhra.

d. Dmhoa.

e. The Attorney General.

(3) Provide a surety bond to DEMHRA that complies with the following.

a. Is payable to DEMHRA.

b. In an amount equal or greater to 150% of the estimated cost to fix the issue.

(4) Every 30 days, until the repair is completed, provide written updates to all of the same recipients as paragraph (a)(2) of this section.

(b) If a receivership is granted under §§ 7061 through 7067 of this title, the receiver may utilize the full amount of the bond required under this section to complete any work necessary related to this section or related to any basis for which the receivership is granted.

(c) If the unsafe condition is water supplied by the community owner, in addition to complying with subsection (a) of this section, the must do either of the following:

(1) Supply all residents with potable or bottled water until the problem is resolved.

(2) Otherwise, following 48 hours from when the unsafe condition is identified, provide alternative suitable housing to affected tenants until the problem is resolved.

(d) Upon fixing the unsafe condition, the community owner must send notice that the problem has been fully repaired to all of the following:

(1) Every affected resident in the community.

(2) Any homeowners’ association for residents of the community, if one exists.

(3) Demhra.

(4) Dmhoa.

(5) The Attorney General.

(6) If an official notice of unsafe condition was issued related to the problem, to the agency or governmental authority that issued the notice.
25 Del. C. § 131 — Delaware Code / Title 25 / Chapter 1 / Subchapter II / Section 131
§ Â
        131. Validation of certain instruments as deeds.
Status: in_force

An instrument which by its terms purports to alienate or convey lands, tenements or hereditaments situated in this State and which was signed by the persons or corporations who at the time were the owners of the lands, tenements or hereditaments mentioned therein and which was also acknowledged by owners before an officer authorized by the laws of Delaware to take acknowledgments, as the act and deed of such persons, shall be deemed to alienate or convey the title, estate and interest, both at law and in equity, of the owners signing and acknowledging such instrument, according to the true intent and meaning of such instrument, notwithstanding that the instrument is not under the seals of the owners and notwithstanding that the instrument does not contain the words commonly known as the “use clause” and/or the word “grant” and/or the words “bargain and sell.” No right of dower or curtesy shall be barred or released except when the person who would have such right of dower or of curtesy has signed and acknowledged the instrument. Nothing in this section shall preclude any action or right of action, either at law or in equity, which any party in interest would have had if the instrument had been under the seals of the persons executing the same and had been in the customary form of a deed in this State and this section had not been passed.
25 Del. C. § 5901 — Delaware Code / Title 25 / Chapter 59 / Section 5901
§ Â
        5901. Petition for receivership; grounds, notice and jurisdiction.
Status: in_force

Any tenant or group of tenants may petition for the establishment of a receivership in a Justice of the Peace Court upon the grounds that there has existed for 5 days or more after notice to the landlord:

(1) If the rental agreement, or any state or local statute, code, regulation or ordinance, places a duty upon the landlord to so provide, a lack of heat, or of running water, or of light, or of electricity, or of adequate sewage facilities;

(2) Any other conditions imminently dangerous to the life, health or safety of the tenant.
25 Del. C. § 1306 — Delaware Code / Title 25 / Chapter 13 / Section 1306
§ Â
        1306. Division ditches and fences; remedy for neglect to maintain; allowance to guardian or lessee; special marsh laws.
Status: in_force

(a) The adjoining owners or possessors of embanked marshes or meadows shall be obliged to join in cutting division ditches at least 8 feet wide and 21/2 feet deep, and in making fences at least 2 feet high within 1 foot of the edge of the ditches, at their common cost. The division ditches shall be well cleansed at least once a year and the fences kept in good repair, and they shall be deemed lawful fences.

(b) If any owner or possessor refuses or neglects to join in making the ditch and fence, or to keep the ditch in good order and repair, the adjoining owner or possessor may make or cleanse and repair the same, and may recover the proportion of the cost thereof as the fence-viewers determine the party neglecting ought to pay.

(c) A guardian shall be allowed any sum so expended or paid for that guardian’s ward, and a lessee or tenant may deduct the same from the lessee’s or tenant’s rent, unless otherwise stipulated by the contract. This section shall not be construed to repeal any special law respecting the improvement of marsh or meadow whereby any other provision is made concerning dividing ditches or fences.
25 Del. C. § 202 — Delaware Code / Title 25 / Chapter 2 / Section 202
§ Â
        202. Definitions.
Status: in_force

For purposes of this chapter:

(1) “Beneficiary” means an individual that receives property under a transfer on death deed. “Grantee” has a corresponding meaning.

(2) “Designated beneficiary” means an individual designated to receive property in a transfer on death deed.

(3) a. “Joint owner” means an individual who owns property concurrently with 1 or more other individuals with a right of survivorship.

b. “Joint owner” includes a joint tenant and tenant by the entirety.

c. “Joint owner” does not include a tenant in common.

(4) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.

(5) “Property” means an interest in real property located in this State which is transferable on the death of the owner.

(6) “Transfer on death deed” means a deed authorized under this chapter.

(7) “Transferor” means an individual who makes a transfer on death deed. “Grantor” has a corresponding meaning.
25 Del. C. § 4303 — Delaware Code / Title 25 / Chapter 43 / Section 4303
§ Â
        4303. Attachment of lien to judgment.
Status: in_force

The lien of any hospital shall attach to any verdict, report, decision, decree, award, judgment or final order made or rendered in any action or proceeding in any court of record of Delaware or any public board or bureau in any suit, action, or proceeding brought by the injured person or by the estate of the injured person, in case of deaths as the result of such injuries, against any other person for the recovery of damages or other compensation or payment in any way arising out of injuries received in any such accident, as well as to the proceeds of any settlement thereof, any claim or demand effected by any such injured person or on such injured person’s behalf with any other person or corporation in any way liable to the injured person or the injured person’s legal representative in case of death, by reason of the injuries effected with any other person on account thereof.
25 Del. C. § 7108 — Delaware Code / Title 25 / Chapter 71 / Section 7108
§ Â
        7108. Option to purchase; right of first refusal; rescission of contract to purchase; nonpurchasing tenant with children attending school.
Status: in_force

(a) Where there is a tenants’ association in existence at the time of the preliminary notice, the owners of the real property which is to be converted shall in a separate writing mailed to the association, upon approval of the plan by the Office of the Attorney General, grant to the association the exclusive option to purchase the community for a period of 90 days at the price set forth in the plan. If the tenants’ association should exercise its option, it shall have 120 days from the date of its exercise of its option to complete the purchase. If the tenants’ association decides not to exercise its options, 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.

(b) Should the tenants’ association fail to exercise its option to purchase within the 90-day period, the owner shall grant to the tenant the exclusive option to purchase the unit for a period of 90 days thereafter at the price set forth in the plan. Upon the request of a tenant, the owner shall provide the tenant with a listing of the types of units within the conversion project, and the price for each type of unit. If the tenant should exercise that tenant’s option, that tenant shall have 120 days from the date of the exercise of that tenant’s option to complete the purchase. If the tenant decides not to exercise that tenant’s 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 tenant.

(c) For a period of 60 days after a purchasing tenant has agreed in writing to purchase a unit within the conversion project, such tenant shall have the right to rescind such contract without the imposition of any penalty or fee. If the tenant rescinds, any renegotiation or new agreement signed by the owner and the purchasing tenant shall be valid and binding, if such renegotiation occurs between the time of rescission and the expiration of the 60-day period set forth in this subsection.

(d) Where the 3-year grace period has expired and a nonpurchasing tenant with children still attending school has failed to move, such tenant shall be permitted to remain until 1 week following the end of the school year; or if any of the children is about to graduate, 1 week after the graduation ceremony; whichever is later.
25 Del. C. § 172 — Delaware Code / Title 25 / Chapter 1 / Subchapter IV / Section 172
§ Â
        172. Acknowledgment of deed after recording letter of attorney.
Status: in_force

When a letter of attorney to sell and dispose of lands is acknowledged or proved and the acknowledgment or proof is certified and it is recorded as required by law, a deed may be acknowledged by the attorney in such letter, in any county, before any judge of this State, or notary public, or 2 justices of the peace for the same county, if the letter of attorney authorizes such acknowledgment. An authority to sell or dispose of premises, if not restrained, shall extend to authorize the acknowledgment of a deed therefor.
25 Del. C. § 4004 — Delaware Code / Title 25 / Chapter 40 / Section 4004
§ Â
        4004. Sheriffâs or constableâs sale of the property when there are lienholders.
Status: in_force

(a) If it is determined that there are lienholders or other persons with secured or other interests in the abandoned property, the court shall further order that the subject property shall be sold at sheriff’s sale or constable’s sale, if the petition was filed in the Justice of the Peace Court after notice as required in this section.

(b) Prior to any sale of the abandoned property, the petitioner shall give at least 15 days’ notice of the sale by handbills posted in 5 or more public places and by advertising in a newspaper published and/or circulated in the county in which the sale is to be held.

(c) The proceeds of the sale shall be applied first to the costs of keeping and selling the property, costs of execution and court costs. The balance, if any, of the proceeds of the sale shall be deposited not later than 10 days from the date of the sale with the court to be applied by the court to the payment of any lien or security interest to which the property may be subjected in order of their priority, with any remaining proceeds to be paid to the petitioner after all liens and other interests have been paid.

(d) In every sale authorized under this chapter, it shall be the duty of the lienholder or other interest holder to file with the court a form required by the court satisfying the judgment or indicating the disposition of the proceeds.
25 Del. C. § 7114 — Delaware Code / Title 25 / Chapter 71 / Section 7114
§ Â
        7114. Modification or waiver of chapter.
Status: in_force

(a) Except as otherwise provided in this section, any provision in a lease or other agreement which waives or modifies any provision of this chapter shall be void and unenforceable as against public policy. An owner and tenant may, however, agree to a modification or waiver of some or all of the protections afforded to the tenant pursuant to this chapter; provided, however:

(1) The modification or waiver is encompassed in a written contract which is separate from the lease;

(2) The modification or waiver is voluntarily entered into without duress;

(3) The modification or waiver is entered into with full understanding of this chapter, the terms of any contract to which the modification or waiver applies, and the modification or waiver itself;

(4) The modification or waiver is for adequate consideration.

(b) In any action involving a modification or waiver, the owner shall have the burden of proof to establish that the requirements of this chapter and of this section have been met.
25 Del. C. § 3905 — Delaware Code / Title 25 / Chapter 39 / Section 3905
§ Â
        3905. Notice of sale; disposition of proceeds.
Status: in_force

(a) Prior to any such sale the lienholder shall give at least 15 days’ notice of the sale by handbills posted in 5 or more public places and by advertising in a newspaper published and/or circulated in the county in which the sale is to be held.

(b) The proceeds of the sale shall be applied to the discharge of the lien and the cost of keeping and selling the property. The balance, if any, of the proceeds of the sale shall be deposited not later than 10 days from the date of the sale with the court to be applied by the court to the payment of any lien or security interest to which the property may be subject in the order of their priority, with any remaining proceeds to be paid to the owner or owners of the property sold but, in case such owner or owners cannot be found, such balance shall be turned over to the State Treasurer not later than 60 days from the date of the sale who shall create a special fund thereof and who shall pay to the owner the moneys left if a claim is made within 1 year of the sale, or deposit the moneys in the General Fund if no claim is made within 1 year of the sale.

(c) In every lien sale authorized under this chapter, it shall be the duty of the lienholder to complete and file with the Court a disposition of proceeds form, as designated by the Court, within 10 days from the date of the sale. No transfer of or new certificate of title to the vehicle sold or salvage certificate shall be issued by the Department of Motor Vehicles without proof of the filing of said disposition of proceeds form with the Court within the required time period. A copy of the disposition of proceeds form sealed with the Court’s seal shall constitute sufficient proof of filing.
25 Del. C. § 5701 — Delaware Code / Title 25 / Chapter 57 / Section 5701
§ Â
        5701. Jurisdiction and venue.
Status: in_force

An action for summary possession in accordance with § 5702 of this title shall be maintained in the Justice of the Peace Court which hears civil cases in the county in which the premises or commercial rental unit is located. In the event that more than 1 Justice of the Peace Court in a county hears civil cases, then an action shall be maintained in the Justice of the Peace Court that possesses territorial jurisdiction over the area in which the premises or commercial unit is located. For purposes of this chapter, the term “rental agreement” shall include a lease for a commercial rental unit.
25 Del. C. § 6302 — Delaware Code / Title 25 / Chapter 63 / Section 6302
§ Â
        6302. Form of claim; contents; costs.
Status: in_force

(a) The claim for distress shall name the tenant as defendant and shall set forth the name and address of the landlord, the name and address of the tenant and the facts as to any assignment of the rental agreement, the premises leased, the date of the rental agreement, the term of the rental agreement, the rent required to be paid by the tenant, the amount of rent in arrears and the plaintiff’s statement that there is reason to believe the levied property would be disposed of absent the issuance of the levy. The claim for distress shall also set forth facts supporting the plaintiff’s reasonable belief that the goods on the leased premises to be levied upon would be disposed of absent the issuance of the writ. The claim for distress shall be made under oath or affirmation by the plaintiff.

(b) The claim shall be filed in a Court of the Justice of the Peace located in the county wherein the commercial unit or a portion thereof is situated.

(c) The costs in the action shall include the cost of the sale.
25 Del. C. § 104 — Delaware Code / Title 25 / Chapter 1 / Subchapter I / Section 104
§ Â
        104. Trustee for wife with a mental disability; barring of dower.
Status: in_force

Any married man, seized of any real estate, whose wife has a mental disability, and who desires to sell and convey or to mortgage any such real estate, or any part thereof, may present his petition to the Court of Chancery, stating the facts. The Court may, if it considers it a proper case, make an order appointing a trustee for such married woman with a mental disability to join in any deed or mortgage on her behalf with her husband, and to sign, seal and acknowledge the deed or mortgage as such trustee in the same manner as deeds and mortgages are by law acknowledged.
25 Del. C. § 5123 — Delaware Code / Title 25 / Chapter 51 / Subchapter I / Section 5123
§ Â
        5123. Tenant employee.
Status: in_force

(a) When the employment of a tenant employee is terminated by the employer, if the employer is the landlord or the management agent of the landlord, and no written rental agreement is in effect, the landlord must offer the tenant employee the opportunity to enter into a written rental agreement, for a specified monthly rent, of the dwelling place where the tenant employee is residing or, if available, equivalent substitute housing. The landlord’s offer of a written rental agreement may be conditioned on the tenant employee financially qualifying as a tenant and meeting the landlord’s income, credit, or other financial requirements for rent of the dwelling place. The offer of a written rental agreement must be made within 5 business days of termination of employment.

(b) At the time of hire or move in, a landlord must provide a tenant employee with a written disclosure form to be signed by both the tenant employee and the landlord, advising the person of all conditions and requirements for occupying and vacating the dwelling place prior to occupancy. The disclosure form must include notice of the right to continued occupancy after termination described in subsection (a) of this section. A written disclosure form is not required if the tenant employee’s rights and responsibilities are disclosed in the written rental agreement or an addendum to the written rental agreement.

(c) This section does not apply if the tenant employee’s termination is for cause.
25 Del. C. § 81-306 — Delaware Code / Title 25 / Chapter 81 / Subchapter III / Section 81-306
§ Â
        81-306. Bylaws.
Status: in_force

(a) The bylaws of the association must provide for:

(1) The number of members of the executive board and the titles of the officers of the association;

(2) Election by the executive board, or if the declaration so requires by the unit owners, of a president, treasurer, secretary, and any other officers of the association specified in the bylaws;

(3) The qualifications, powers and duties, terms of office, and manner of electing and removing executive board members and officers and filling vacancies;

(4) Which of its powers the executive board or officers may delegate to other persons or to a managing agent;

(5) Which of its officers may prepare, execute, certify, and record amendments to the declaration on behalf of the association;

(6) For an association for a condominium or cooperative with more than 50 unit owners, an independent audit by a licensed certified public accounting firm of the financial records of the association to be performed no less frequently than once every 3 years and for each intervening year a review (instead of a full audit) by an independent accountant which need not be conducted by a certified public accounting firm, provided that where an association of fewer than 100 unit owners so decides by duly adopted resolution, the audit requirement may be satisfied by a review (instead of a full audit) by an independent accountant which need not be conducted by a certified public accounting firm;

(7) A method for amending the bylaws by the unit owners;

(8) Any provisions that may be necessary to satisfy requirements in this chapter or the declaration concerning meetings, voting, quorums and other matters concerning the activities of the association; and

(9) Any other matters required by the laws of this State to appear in the bylaws of legal entities organized in the same manner as the association.

(b) (1) Subject to the provisions of the declaration, the bylaws may provide for any other matters the association deems necessary and appropriate unless the declaration or this chapter requires that those provisions appear in the declaration.

(2) The bylaws of any condominium or cooperative common interest community may expressly require that all unit owners designate the unit owners’ association for such community as a third party to receive notification of a termination of utility service under any third-party notification program maintained by a gas or electricity utility pursuant to § 117(b) of Title 26.
25 Del. C. § 6301 — Delaware Code / Title 25 / Chapter 63 / Section 6301
§ Â
        6301. Action at law; jurisdiction; case in which distress lies.
Status: in_force

(a) Distress for rent is hereby abolished except pursuant to a rental agreement for a commercial unit and in that event it shall be an action at law which shall be brought as provided herein.

(b) The several courts of the justices of the peace shall have original jurisdiction in all cases of distress for unpaid rent regardless of the amount of rent notwithstanding any other law to the contrary.

(c) A distress shall lie for any unpaid rent due either in money or in a quantity of any tangible items, goods or produce pursuant to any rental agreement of a commercial unit.
25 Del. C. § 2704 — Delaware Code / Title 25 / Chapter 27 / Subchapter I / Section 2704
§ Â
        2704. Liens effective for or against corporations.
Status: in_force

Liens may be filed for or against corporations or individuals.
25 Del. C. § 5304 — Delaware Code / Title 25 / Chapter 53 / Section 5304
§ Â
        5304. Tenantâs remedies for failure to supply possession.
Status: in_force

(a) If the landlord fails to put the tenant into full possession of the rental unit at the beginning of the agreed term, the rent shall abate during any period the tenant is unable to enter and:

(1) Upon notice to the landlord, the tenant may terminate the rental agreement at any time the tenant is unable to enter into possession; and the landlord shall return all moneys paid to the landlord for the rental unit, including any pre-paid rent, pet deposit and security deposit; and

(2) If such inability to enter is caused wrongfully by the landlord or by anyone with the landlord’s consent or license due to substantial failure to conform to existing building and housing codes, the tenant may recover reasonable expenditures necessary to secure equivalent substitute housing for up to 1 month. In no event shall such expenditures under this subsection exceed the agreed upon rent for 1 month. Such expenditures may be recovered by appropriate action or proceeding or by deduction from the rent upon the submission of receipts for same.

(b) If such inability to enter results from the wrongful occupancy of a holdover tenant and the landlord has not brought an action for summary possession against such holdover tenant, the entering tenant may maintain an action for summary possession against the holdover tenant. The expenses of such proceeding and substitute housing expenditures may be claimed from the rent in the manner specified in paragraph (a)(2) of this section.
25 Del. C. § 740 — Delaware Code / Title 25 / Chapter 7 / Subchapter II / Section 740
§ Â
        740. Election to take dower from proceeds of sale; investment or deposit of widowâs share.
Status: in_force

If there is a widow entitled to dower, and the return of the commissioners shows that there has been no partition of the residue after the assignment of her dower, she may, by petition, elect to take, in lieu of her dower by metes and bounds, an equivalent share of the proceeds of sale of the whole of the real estate. Thereupon, the Court may set aside the assignment of dower as made by the commissioners, and shall order the real estate to be sold. Out of the proceeds of the sale, after the payment of the costs of the proceedings, the Court may invest the share upon which the widow is entitled to receive the interest or may deposit the share in any bank or trust company in this State so that the widow shall receive the income during her life and the principal shall be paid to the other parties entitled after the death of the widow.
25 Del. C. § 5107 — Delaware Code / Title 25 / Chapter 51 / Subchapter I / Section 5107
§ Â
        5107. Renewals of rental agreements with modifications.
Status: in_force

(a) If the landlord intends to renew the rental agreement subject to amended or modified provisions, the landlord shall give the tenant a minimum of 60 days’ written notice prior to the expiration of the rental agreement that the agreement shall be renewed subject to amended or modified provisions, including, but not limited to, amended provisions relating to the length of term or the amount of security deposit or rent. Such notice shall specify the modified or amended provisions, the amount of any rent or security deposit and the date on which any modifications or amendments shall take effect.

(b) After receipt of such notice from the landlord, unless the tenant notifies the landlord of the tenant’s intention to terminate the existing rental agreement a minimum of 45 days prior to the last day of the term, the provisions of the amended or modified rental agreement shall be deemed to have been accepted and agreed to by the tenant, and the terms of the lease, as amended, shall take full force and effect.

(c) If the tenant rejects the modified terms or provisions set forth in a notice of renewal given under this section, then the rejected notice of renewal shall be considered an effective termination notice.

(d) The terms of subsections (a) through (c) of this section shall not be applicable where the tenant’s rent and security deposit are a function of the tenant’s income in accordance with any form of regulations or guidelines of the United States Department of Housing and Urban Development (HUD); in the event that they are a function of income, the regulations and guidelines established by HUD with regard to the determination and future adjustments of a tenant’s rent and security deposit shall govern. With regard to a tenant’s occupying HUD-subsidized units, in the event of any conflict between the terms of this Code and the terms of any HUD regulation or guideline, the terms of a HUD regulation or guideline shall control.
25 Del. C. § 2234 — Delaware Code / Title 25 / Chapter 22 / Subchapter VII / Section 2234
§ Â
        2234. Method of enforcing charges.
Status: in_force

Any charge assessed against a unit may be enforced by an action at law by the council acting on behalf of the unit owners, provided that each action, when filed, shall refer to this chapter and to the unit against which the assessment is made and the owner thereof. Any judgment against a unit and its owner shall be enforceable in the same manner as is otherwise provided by law.
25 Del. C. § 183 — Delaware Code / Title 25 / Chapter 1 / Subchapter V / Section 183
§ Â
        183. Recording of documents.
Status: in_force

(a) A recorder who implements any of the functions described in this section shall do so in compliance with standards established by the electronic recording commission.

(b) A recorder may receive, index, store, archive, and transmit electronic documents.

(c) A recorder may provide for access to, and for search and retrieval of, documents and information by electronic means.

(d) A recorder who accepts electronic documents for recording shall continue to accept paper documents and shall place entries for both types of documents in the same index.

(e) A recorder may convert paper documents accepted for recording into electronic form. The recorder may convert into electronic form information recorded before the recorder began to record electronic documents.

(f) Any fee or tax that a recorder is authorized to collect may be collected electronically.

(g) A recorder and other officials of a state or a political subdivision thereof, or of the United States, may agree on procedures or processes to facilitate the electronic satisfaction of prior approvals and conditions precedent to recording and the electronic payment of fees and taxes.
25 Del. C. § 81-115 — Delaware Code / Title 25 / Chapter 81 / Subchapter I / Section 81-115
§ Â
        81-115. Relation to Electronic Signatures in Global and National Commerce Act.
Status: in_force

This chapter modifies, limits and supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001, et seq.) but does not modify, limit or supersede § 101(c) of that act (15 U.S.C. § 7001(c)) or authorize electronic delivery of any of the notices described in § 103(b) of that act (15 U.S.C. § 7003(b)).
25 Del. C. § 5501 — Delaware Code / Title 25 / Chapter 55 / Section 5501
§ Â
        5501. Tenant obligations; rent.
Status: in_force

(a) The landlord and tenant shall agree to the consideration for rent. In the absence of such agreement, the tenant shall pay to the landlord a reasonable sum for the use and occupation of the rental unit.

(b) Rent shall be payable at the time and place agreed to by the parties. Unless otherwise agreed, the entire rent shall be payable at the beginning of any term for 1 month or less, while 1 month’s rent shall be payable at the beginning of each month of a longer term.

(c) Except for purposes of payment, rent shall be uniformly apportioned from day to day.

(d) Where the rental agreement provides for a late charge payable to the landlord for rent not paid at the agreed time, such late charge shall not exceed 5 percent of the monthly rent. A late charge is considered as additional rent for the purposes of this Code. The late charge shall not be imposed within 5 days of the agreed time for payment of rent. The landlord shall, in the county in which the rental unit is located, maintain an office or other permanent place for receipt of payments, where rent may be timely paid. Failure to maintain such an office, or other permanent place of payment where rent may be timely paid, shall extend the agreed on time for payment of rent by 3 days beyond the due date.

(e) If a landlord accepts a cash payment for rent, the landlord shall, within 15 days, give to the tenant a receipt for that payment. The landlord shall, for a period of 3 years, maintain a record of all cash receipts for rent.
25 Del. C. § 3906 — Delaware Code / Title 25 / Chapter 39 / Section 3906
§ Â
        3906. Motor vehicles.
Status: in_force

(a) In the case of motor vehicles required to be registered under the motor vehicle laws of this or any other state, notice containing the information required in § 3903(b) of this title shall be given to the registered owners and known lienholders at their addresses of record with the Division of Motor Vehicles or similar agency and the return receipt, signed or unsigned, shall be held and considered as prima facie evidence of service of such notice. The lienholder shall notify the appropriate Delaware auto theft unit.

(b) Any lien created under this chapter shall not extend to any personal property that is not attached to or considered necessary for the proper operation of any motor vehicle and such property shall be returned to the owner of the motor vehicle if the owner of the motor vehicle claims the items prior to the sale of such motor vehicle.
25 Del. C. § 7044 — Delaware Code / Title 25 / Chapter 70 / Subchapter V / Section 7044
§ Â
        7044. Payment of funds to landlord for removal or disposal of abandoned homes.
Status: in_force

(a) A landlord is entitled to receive from the Trust Fund payment in an amount determined by the Board to be sufficient to remove or dispose, or both, a non-relocatable or abandoned manufactured home under § 7043(d) and (g) of this title.

(b) Payment for removal or disposal, or both, of a manufactured home under subsection (a) of this section must be authorized by the Authority and made in the form of a voucher issued to the Division of Revenue of the Department of Finance, directing the Division to issue a check in a designated amount to the landlord.

(c) If the Trust Fund does not have sufficient moneys to make a payment to a landlord under this section, the Authority shall issue a written promissory note to the landlord for funds due and owing. Promissory notes may be redeemed in order of issuance of the notes as additional moneys come into the Trust Fund.

(d) If a landlord realizes a profit from the removal or disposal, or both, of a manufactured home, the landlord shall reimburse the Trust Fund for any profit gained by the landlord pertaining to that home.

(e) A landlord may not receive payment from the Trust Fund if the landlord has failed to pay the landlord’s share of the total Trust Fund assessment during the course of tenancies or has failed to remit the tenant’s share as required under § 7042(g)(2) of this title.

(f) It is a class A misdemeanor for a landlord or a landlord’s agent to file a notice, statement, or other document required under this section which is false or contains a material misstatement of fact.
25 Del. C. § 307 — Delaware Code / Title 25 / Chapter 3 / Section 307
§ Â
        307. Title derived through alien.
Status: in_force

A good title to real and personal property situate in this State may be derived through, from or in succession to an alien in the same manner as through, from or in succession to a citizen of the State.
25 Del. C. § 1105 — Delaware Code / Title 25 / Chapter 11 / Section 1105
§ Â
        1105. Effect of commissionâs return; savings provision.
Status: in_force

If suit is not brought within 7 years from the return to controvert the decision of the commissioners, or in which the accuracy of the bounds or lines fixed by them is questioned, the record of the return shall be conclusive evidence of the original location of the land, and of the lines and boundaries. If the return shall, in any such suit, be confirmed in any particular by the verdict of a jury, it shall be conclusive to that extent, as between the same parties and those claiming under them, or any of them; saving to infants, and persons mentally ill, imprisoned, or beyond sea, and those claiming under them, the right to bring any such suit, within 5 years from the removal of their disability. The term of 7 years shall not begin to run against any person while that person is in possession of the land in controversy.
25 Del. C. § 5505 — Delaware Code / Title 25 / Chapter 55 / Section 5505
§ Â
        5505. Tenantâs obligation relating to defective conditions.
Status: in_force

(a) Any defective condition of the premises which comes to the tenant’s attention, and which the tenant has reason to believe is the duty of the landlord or of another tenant to repair, shall be reported in writing by the tenant to the landlord as soon as is practicable. The tenant shall be responsible for any liability or injury resulting to the landlord as a result of the tenant’s failure to timely report such condition.

(b) A tenant on whom a complaint in ejectment or an action against the premises is served shall immediately notify the landlord in writing.

(c) The provisions of this section shall not apply where the landlord has actual notice of the defective condition.
25 Del. C. § 2123 — Delaware Code / Title 25 / Chapter 21 / Section 2123
§ Â
        2123. Satisfaction of mortgage after lapse of time.
Status: in_force

(a) Any mortgage or deed of trust having the effect of a mortgage (hereinafter “mortgage”) that is unsatisfied upon the public records and remains a lien on any real estate may be satisfied pursuant to the procedures set forth in subsection (b) of this section:

(1) After the lapse of 10 years from the date for the maturity of such lien set forth in such mortgage, or in any modification, extension or continuance thereof duly recorded in like manner and place; or

(2) In the absence of any fixed or ascertainable maturity date stated in such mortgage or any such modification, extension or continuance thereof, after the lapse of 40 years from the latest of the date of recording the mortgage or of any modification, extension, or continuance thereof (as the case may be).

(b) An attorney authorized to practice law in the State of Delaware shall be authorized to satisfy a mortgage that remains a lien pursuant to subsection (a) of this section above, provided the following procedures are followed:

(1) Written notice, by certified mail, return receipt requested, must be sent to the last mortgagee of record as defined below requesting that the mortgage be immediately satisfied or that the last mortgagee of record notify the attorney, by certified mail, return receipt requested, within 60 days of the mailing of said notice, that the obligation secured by the mortgage has not been satisfied or performed pursuant to § 2111(a) of this title. The last mortgagee of record shall mean the legal holder of the mortgage and at the address which appears upon the recorded mortgage, or any assignment, modification, extension or continuance thereof, or counsel of record for the legal holder of the mortgage duly recorded in like manner or place, or if such addresses are not ascertainable from the public records, at the last known available or reasonably ascertainable address of the last mortgagee of record or if none, addressed care of the Office of the Delaware Bank Commissioner.

(2) If the mortgage remains unsatisfied for an additional period of 60 days after the above notice has been mailed, and during such time the attorney has not received any notification from the last mortgagee of record that the obligation secured by the mortgage has not been satisfied or performed pursuant to § 2111(a) of this title, the attorney may file an affidavit of satisfaction in the form set forth in subsection (c) of this section below.

(c) An affidavit of satisfaction permitted under this section shall contain the following information:

(1) The mortgage record, volume and page, instrument number or other recording data of the mortgage proposed to be marked fully paid and satisfied;

(2) The name of the original mortgagee, as the same appears in the mortgage;

(3) The name of the original mortgagor or mortgagors, as the same appears in the mortgage;

(4) The original date of the mortgage (if specified therein);

(5) The original principal amount of the mortgage (if specified therein);

(6) The name of each assignee to whom the mortgage was subsequently assigned of record, together with the dates and recording information of said assignments;

(7) The full name and address of the last mortgagee of record;

(8) A statement by the attorney that:

a. Such attorney has sent the notice required by paragraph (b)(1) of this section;

b. Such attorney has not received from the last mortgagee of record notice that the obligation secured by the mortgage has not been satisfied or performed pursuant to § 2111(a) of this title;

c. After passage of the period of time specified in paragraph (b)(2) of this section, the mortgage has not been satisfied; and

d. The attorney has reason to believe that the mortgage is a consumer purpose mortgage or consumer purpose deed of trust;

(9) That the attorney requests the recorder of deeds in the county in which the mortgage is recorded to indicate in the property records of that county that such mortgage is fully paid and satisfied;

(10) That the attorney whose signature appears on said affidavit has personally reviewed all of the information and each of the facts contained in said affidavit and request; and

(11) That the information contained in said affidavit and request is true and correct to the best of the attorney’s knowledge.

(d) The recorder of deeds, or a duly appointed deputy, in the county in which the mortgage is recorded shall be authorized to cause said mortgage to be satisfied upon the receipt of such affidavit and request by the attorney.

(e) The recorder of deeds office may charge a fee for accepting and recording the affidavit and satisfying the mortgage.

(f) An affidavit filed pursuant to this section does not in itself extinguish any obligation secured by the mortgage that is the subject of the affidavit. An attorney who files an affidavit pursuant to subsection (c) of this section is not liable to any person if the attorney complied with this section and the last mortgagee of record did not respond in a timely manner to the notification pursuant to paragraph (b)(1) of this section.

(g) This section shall in no way limit the authority of the recorder of deeds to otherwise satisfy mortgages as provided by law.

(h) This section does not supplant any other remedy or process available for the satisfaction or release of mortgages.

(i) A mortgagor, grantor, or interested party is entitled to the presumption that a mortgage that is unsatisfied on the public records and remains a lien on real estate has been paid and satisfied if any of the following has occurred:

(1) A lapse of 10 years from the date for the maturity of the lien set forth in the mortgage or a modification, extension, or continuance of the mortgage that is duly recorded in like manner and place.

(2) In the absence of any fixed or ascertainable maturity date stated in the mortgage or a modification, extension, or continuance of the mortgage, a lapse of 40 years from the latest of the date of recording of the mortgage or of a modification, extension, or continuance of the mortgage.

(j) If an action has not been brought to enforce the lien of a mortgage within the time provided under subsection (i) of this section then, notwithstanding any other right or remedy available either at law or equity, the lien created by the mortgage terminates, is no longer enforceable against the property, and is extinguished as a lien against the property.

(k) The termination and extinguishment, under subsection (j) of this section, of the lien created by the mortgage does not extinguish an obligation secured by the mortgage.

(l) This section applies to all mortgages recorded before, on, or after October 14, 2022.

(m) Subsection (a) of this section does not limit subsections (i) and (j) of this section.
25 Del. C. § 3904 — Delaware Code / Title 25 / Chapter 39 / Section 3904
§ Â
        3904. Release of ownerâs interest in vehicle or property.
Status: in_force

(a) An owner of property subject to a lien under § 3901 or § 3902 of this title may release any interest in the property after the lien has risen. The release shall be dated when signed and a copy shall be given at the time the release is signed to the person releasing the interest.

(b) The release shall contain all of the following information in simple, nontechnical language:

(1) A description of the property sufficient to identify it.

(2) The names and addresses of the owners.

(3) A statement of the amount of the lien and the facts concerning the claim which gives rise to the lien.

(4) A statement that the person releasing the interest understands that the person has a legal right to a hearing in court prior to any sale of the property to satisfy the lien and the person is giving up the right to appear to contest the claim of the lienholder.

(5) A statement that the person releasing the interest gives up any interest that person may have in the property and the person is giving the lienholder permission to sell the property.

(6) A statement that there is no other person, persons or lienholders who have an outstanding interest in the property.
25 Del. C. § 747 — Delaware Code / Title 25 / Chapter 7 / Subchapter II / Section 747
§ Â
        747. Partition of several tracts where some parties hold interest in all and other parties hold interest in part.
Status: in_force

In a partition of several tracts or parcels of land held by the same persons, though by different titles or in different shares, as provided by § 746 of this title, if 1 or more of the persons entitled as joint tenants, tenants in common or parceners has some share, proportion or interest in all the tracts or parcels of land and premises named in the petition, and any other person is entitled as joint tenant, tenant in common or parcener to a share, proportion or interest in any 1 or more of the tracts or parcels of land, though not in all of them, the Court may in like manner make a decree for partition in 1 proceeding as aforesaid.
25 Del. C. § 7107 — Delaware Code / Title 25 / Chapter 71 / Section 7107
§ Â
        7107. Extension and termination of leases.
Status: in_force

(a) Any tenant at the time of the preliminary notice grace period shall be entitled to have the tenant’s lease extended, on the same terms and conditions as the immediately preceding lease, until the expiration of the grace period. Nothing in this subsection shall prevent the owner from increasing rent pursuant to § 7110(d) of this title.

(b) After receipt of the final notice, and upon 30 days’ written notice to the owner, a tenant may without penalty terminate the tenant’s existing lease; provided, however, that the owner shall receive a full month’s rent for any partial month of tenancy.
25 Del. C. § 5005 — Delaware Code / Title 25 / Chapter 50 / Section 5005
§ Â
        5005. Undue hardship.
Status: in_force

The Department shall, by October 13, 1994, establish procedures under which the Department shall waive the application of § 5003 of this title if it would work an undue hardship. However, a waiver granted pursuant to this section shall remain in effect only as long as the undue hardship condition continues.
25 Del. C. § 911 — Delaware Code / Title 25 / Chapter 9 / Section 911
§ Â
        911. Injunction or writ of estrepement upon petition of lienholder.
Status: in_force

Upon the petition of a person holding any lien upon real estate, whether by judgment, recognizance, mortgage, or otherwise, the Court of Chancery may, in a proper case, award an injunction, or the Superior Court of the county, wherein such real estate is situate, may award a writ of estrepement, for the purpose of restraining waste upon the premises subject to the lien.
25 Del. C. § 81-321 — Delaware Code / Title 25 / Chapter 81 / Subchapter III / Section 81-321
§ Â
        81-321. Litigation involving declarant.
Status: in_force

(a) An association’s authority under § 81-302(a)(4) of this title to commence and pursue litigation involving the common interest community is subject to the following rules:

(1) Before the association commences litigation, arbitration or any administrative proceedings against a declarant or any person employed by or under contract with a declarant involving any alleged construction defect with respect to the common interest community, the association shall provide written notice of its claims to the declarant and those persons whom the association seeks to hold responsible for the claimed defects (the “allegedly responsible persons”). The text of the notice may be in any form reasonably calculated to put the allegedly responsible persons on notice of the general nature of the association’s claims including, without limitation, a list of the claimed defects. The notice may be delivered by any method of service and may be addressed to any person provided that the method of service and the person who is actually served either:(i) provides actual notice to the allegedly responsible persons named in the claim; or (ii) the method of service used would be sufficient under local law to confer personal jurisdiction over the person in connection with commencement of a lawsuit by the association against that person.

(2) The association may not commence litigation, arbitration or any administrative proceedings against a responsible person for a period of 90 days after the association sends notice of its claim to that responsible person.

(3) During the 90-day period, the declarant and any other responsible person may present to the association a plan to repair or otherwise remedy the construction defects described in the notice. If the association does not receive a timely remediation plan from each responsible person to whom it directed notice, the association shall be entitled to commence any proceedings against that responsible person as the board determines to be appropriate.

(4) If the association does receive 1 or more timely plans to repair or otherwise remedy the construction defects described in the notice, then the executive board shall promptly consider those plans and then notify the responsible persons of whether or not each such plan is acceptable as presented, acceptable with stated conditions, or not accepted.

(5) If the association accepts a repair plan from a responsible person, or if a responsible person agrees to stated conditions to an otherwise acceptable plan, then the parties shall agree on a timeframe for implementation of that plan, and the association shall not commence litigation, arbitration or any administrative proceedings against that allegedly responsible person during the time that the plan is being diligently implemented.

(6) If an allegedly responsible person submits notice submits a timely repair plan but the association and the allegedly responsible party have not agreed in writing to the terms of the plan or its implementation, then the association is entitled to commence litigation, arbitration or any administrative proceedings against that person.

(7) Except as provided in § 81-416(d) of this title with respect to warranty claims, any statute of limitation affecting the association’s right of action against a declarant or other allegedly responsible person under this chapter is tolled during the 90-day period described in paragraph (a)(2) of this section above and during any extension of that time because the allegedly responsible person has commenced and is diligently pursuing the remediation plan.

(8) After the time described in paragraph (a)(3) of this section expires, whether or not the association agrees to any repair plan, nothing in this section bars to the commencement of litigation by:

(i) The association against an allegedly responsible person who fails to submit a timely repair plan or whose plan is not acceptable or who fails to diligently pursue implementation of that plan; or

(ii) A unit owner with respect to that owner’s unit and any limited common elements assigned to that unit, regardless of any actions of the association.

(9) Nothing in this section precludes the association from making emergency repairs to correct any defect that poses a significant and immediate health or safety risk.

(10) Subject to the other provisions of this section and the declaration, the determination of whether and when the association may commence any proceedings may be made by the executive board and nothing in this section requires a vote by any number or percentage of unit owners a precondition to litigation.
25 Del. C. § 2208 — Delaware Code / Title 25 / Chapter 22 / Subchapter III / Section 2208
§ Â
        2208. Contents of the code of regulations.
Status: in_force

The code of regulations shall provide for at least the following and may include other lawful provisions:

(1) Identification of the property by reference to the place of record of the declaration and the declaration plan;

(2) The method of calling meetings of unit owners and meetings of the council;

(3) The number of unit owners and the number of members of council which shall constitute a quorum for the transaction of business;

(4) The number and qualification of members of council, the duration of the term of such members, and the method of filling vacancies;

(5) The annual election by the council of a president, secretary and treasurer and any other officers which the code of regulations may specify;

(6) The duties of each officer, the compensation and removal of officers and the method of filling vacancies;

(7) Maintenance, repair and replacement of the common elements and payment of the cost thereof;

(8) The manner of collecting common expenses from unit owners; and

(9) The method of adopting and amending rules governing the details of the use and operation of the property and the use of the common elements.
25 Del. C. § 309 — Delaware Code / Title 25 / Chapter 3 / Section 309
§ Â
        309. Conveyance of real estate between spouses.
Status: in_force

(a) The following conveyances between spouses of real estate or any interest therein, located in this State shall be valid and effective in law and equity:

(1) By either spouse, in any estate or tenancy other than tenancy by the entirety, without the joinder of the other spouse, to both spouses in any estate or tenancy;

(2) By either spouse, in any estate or tenancy other than tenancy by the entirety, without the joinder of the other spouse, to the other spouse alone;

(3) By either spouse, without the joinder of the other spouse, to the other spouse alone of the grantor spouse’s entire interest in any real estate, or interest therein, held in tenancy by the entirety;

(4) By both spouses, in any estate or tenancy, to both spouses in any estate or tenancy;

(5) By both spouses, in any estate or tenancy, to either spouse alone.

(b) Any conveyance authorized by paragraph (a)(1) or (a)(4) of this section made by the grantor to both spouses, either as joint tenants with right of survivorship or as tenants by the entirety, shall, if otherwise valid, be as fully effective to vest either an estate in joint tenancy with right of survivorship or an estate as tenants by the entirety, as the case may be, in such real estate, in the grantees as if the same had been conveyed by the grantor therein to a third party and by such third party to said grantees.

(c) Property held by the entireties shall not be subject to the claims of a creditor of only 1 spouse.

(d) All conveyances described in subsection (a) of this section made before, on, or after June 29, 2023 shall be deemed valid ab initio.
25 Del. C. § 723 — Delaware Code / Title 25 / Chapter 7 / Subchapter II / Section 723
§ Â
        723. Unknown or uncertain parties in interest; description in petition; service by publication.
Status: in_force

If in any cause in partition it is unknown whether any person shown by the facts set forth in the petition to be interested in the lands and premises, or any of them, of which partition is desired is living or dead, or in any case where the person is dead and it is unknown whether that person left any heirs or any of the heirs are unknown, then the petition may describe such unknown heirs as the heirs of the person who, if living, would be a proper party, and the petition, in cases under this section, shall pray that notice of the substance and object thereof may be given by publication as provided by § 722 of this title and the rules of the Court of Chancery for publication in cases of nonresidents. Upon such a petition the Court shall order notice to be given to the heirs of such deceased person by publication.
25 Del. C. § 730 — Delaware Code / Title 25 / Chapter 7 / Subchapter II / Section 730
§ Â
        730. Allotment of primary interests.
Status: in_force

If it appears to the commissioners that partition of the lands mentioned in the petition for partition can be made among the primary interests and that a partition of the lands among all persons entitled would be detrimental to such persons, the commissioners shall make a return, with an allotment, accordingly, and shall also appraise the value of all of the lands in money. At any time after such a return of the commissioners and before final decree, any joint tenants, tenants in common or parceners representing an entire primary interest so allotted may apply to the Court to have the share or part of the lands, found by the return to belong to the primary interest, allotted to the persons entitled to the primary interest in kind, to hold to them in severalty or as tenants in common or as joint tenants or parceners as the case may be. In such case the Court may make an allotment of the primary interest concerned in the application, order a sale of the residue of the lands, and make distribution of the proceeds thereof, in accordance with this chapter.
25 Del. C. § 81-111 — Delaware Code / Title 25 / Chapter 81 / Subchapter I / Section 81-111
§ Â
        81-111. Severability.
Status: in_force

If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provisions or applications, and to this end the provisions of this chapter are severable.
25 Del. C. § 2902 — Delaware Code / Title 25 / Chapter 29 / Section 2902
§ Â
        2902. Attachment of lien to proceeds of sale.
Status: in_force

In case any real estate upon which a tax lien exists is sold by an order of the Court of Chancery directing an executor or administrator to sell the real estate to pay the debts of a deceased person or is sold by virtue of an execution process, such tax lien shall be transferred to the fund arising from such sale in the hands of the officer making the sale, and the real estate so sold shall be discharged therefrom. If the fund is not sufficient to pay and discharge the tax lien, by reason of the real estate having been sold subject to another or other lien or liens created by the taxable, the unpaid balance of the tax shall remain a lien upon the land so sold.
25 Del. C. § 81-318 — Delaware Code / Title 25 / Chapter 81 / Subchapter III / Section 81-318
§ Â
        81-318. Association records.
Status: in_force

(a) The association shall maintain the following records in written form or in another form capable of conversion into written form within a reasonable time:

(1) Detailed records of receipts and expenditures affecting the operation and administration of the association and other appropriate accounting records, including those for the repair and replacement reserve. All financial records shall be kept in accordance with generally accepted accounting practices.

(2) Minutes of all meetings of its members and executive board, a record of all actions taken by the members or executive board without a meeting, and a record of all actions taken by a committee of the executive board in place of the board or directors on behalf of the association.

(3) A record of its members in a form that permits preparation of a list of the names and addresses of all members, in alphabetical order by class, showing the number of votes each member is entitled to cast and the members’ class of membership, if any; and

(4) In addition, the association shall keep a copy of the following records at its principal office: (1) its original or restated certificate of incorporation and bylaws and all amendments to them currently in effect; (2) the minutes of all members’ meetings and records of all action taken by members without a meeting for the past 3 years; (3) any financial statements and tax returns of the association prepared for the past 3 years, together with the report of the auditors of the financial records; (4) a list of the names and business addresses of its current directors and officers; (5) its most recent annual report delivered to the Secretary of the State; (6) in the case of a condominium or cooperative, the association’s most recent reserve study; and (7) financial and other records sufficiently detailed to enable the association to comply with § 81-409 of this title.

(b) Subject to the provisions of subsection (c) of this section, all records kept by the association, including the association’s membership list and address, and aggregate salary information of employees of the association, shall be available for examination and copying by a unit owner or the unit owner’s authorized agent so long as the request is made in good faith and for a proper purpose related to the owner’s membership in the association. This right of examination may be exercised: (i) only during reasonable business hours or at a mutually convenient time and location, and (ii) upon 5-days’ written notice reasonably identifying the purpose for the request and the specific records of the association requested.

(c) Records kept by an association may be withheld from inspection and copying to the extent that they concern:

(1) Personnel matters relating to specific persons or a person’s medical records;

(2) Contracts, leases, and other commercial transactions to purchase or provide goods or services, currently in or under negotiation;

(3) Pending or threatened litigation, arbitration, mediation or other administrative proceedings;

(4) Matters involving federal, state or local administrative or other formal proceedings before a government tribunal for enforcement of the declaration, bylaws or rules;

(5) Communications with legal counsel which are otherwise protected by the attorney-client privilege or the attorney work product doctrine;

(6) Disclosure of information in violation of law;

(7) Meeting minutes or other confidential records of an executive session of the executive board; or

(8) Individual unit owner files other than those of the requesting owner.

(d) An attorney’s files and records relating to the association are not records of the association and are not subject to inspection by owners or production in a legal proceeding for examination by owners.

(e) The association may charge a fee, in advance, to the unit owner for converting records into written form, for permitting inspection, and for providing copies of any records under this section, but that fee may not exceed the actual cost of the materials and labor incurred by the association.

(f) The right to copy records under this section includes the right to receive copies by xerographic or other means, including copies through an electronic transmission if available and so requested by the unit owner.

(g) An association is not obligated to compile or synthesize information.

(h) Information provided pursuant to this section may not be used for commercial purposes.
25 Del. C. § 313 — Delaware Code / Title 25 / Chapter 3 / Section 313
§ Â
        313. Contract for sale of unimproved real estate; notice to buyer of public sewerage and water facilities.
Status: in_force

Every contract for the sale of unimproved real estate located in the State shall have the following notice provision appear conspicuously therein:

“NOTICE TO BUYER: If the property being purchased hereunder is an unimproved parcel of land, buyer should consult with the appropriate public authorities to ascertain whether central sewerage and water facilities are available, or, if not, whether the property will be approved by appropriate public authorities for the installation of a well and private sewerage disposal system. If central sewerage and water facilities are not available, then this Contract is contingent upon: (1) a satisfactory site evaluation that will allow the installation of an approved on-site disposal system, in accordance with the regulations promulgated by the Department of Natural Resources & Environmental Control, that is acceptable to the buyer; (2) the availability of a water supply; and (3) the lot conforming with the local zoning ordinance; or this Contract shall become null and void and all deposits shall be returned to the buyer. The (buyer/sellers/authorized agent) shall request the site evaluation on or before (date) . (Buyer/Seller) shall pay all costs of complying with these provisions. The buyer and seller may modify these provisions or the buyer may waive these provisions of the Contract by attaching an addendum signed by the seller and the buyer.”
25 Del. C. § 312 — Delaware Code / Title 25 / Chapter 3 / Section 312
§ Â
        312. Acquisition and conveyance of title to real estate by persons of the age of 18 years or older.
Status: in_force

Any person of the age of 18 years or older who is not otherwise incompetent may contract to purchase, acquire, take, hold, sell, transfer, assign, lease, demise, encumber, or otherwise convey any estate, right, title or interest in real estate, may take title to and accept delivery of a deed, indenture, mortgage, lease, or other instrument of conveyance to any estate, right, title or interest in real estate and may execute, acknowledge and deliver a deed, indenture, mortgage, lease, or other instrument of conveyance for any interest, estate, right or title in real estate without the interference of a guardian, trustee or the like, and such deed, indenture, mortgage, lease or other instrument of conveyance for any interest, estate, right or title in real estate shall be valid and legally effective for all intents and purposes in law or in equity and shall bind that person, that person’s heirs, executors and administrators.
25 Del. C. § 2231 — Delaware Code / Title 25 / Chapter 22 / Subchapter VI / Section 2231
§ Â
        2231. Resubmission.
Status: in_force

The removal of property from the provisions of this chapter shall not preclude such property from being resubmitted to the provisions of the chapter in the manner herein provided.
25 Del. C. § 319 — Delaware Code / Title 25 / Chapter 3 / Section 319
§ Â
        319. Private transfer fee prohibition.
Status: in_force

(a) Definitions. — The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(1) “Private transfer fee”. — a. “Private transfer fee” means a fee or charge payable upon the transfer of an estate or interest in real property, or payable for the right to make or accept a transfer of an estate or interest in real property, regardless of whether the fee or charge is a fixed amount or is determined as a percentage of the value of the property, the purchase price, or other consideration given for the transfer.

b. “Private transfer fee” does not include any of the following:

1. Any consideration payable by the transferee to the transferor for the estate or interest in real property being transferred or for a purchase money mortgage from the purchaser to the seller, or for payments from the transferee to transferor under a conditional sales agreement or installment sale.

2. Any commission or fee payable to the personal representative of an estate of a deceased person, a guardian, or trustee upon transfer of property.

3. Any commission or fee payable to an auctioneer or a licensed real estate broker upon the transfer of property under an agreement between the auctioneer or broker and the transferor or transferee.

4. Any commission or fee payable to a trustee in bankruptcy proceedings.

5. Any principal, interest, charges, fees, or other amounts payable by a borrower to a lender under a bona fide loan secured by a mortgage against real property, including but not limited to any fee payable to the lender for consenting to an assumption of the loan or a transfer of the real property subject to the mortgage, any fees or charges payable to the lender for estoppel letters or certificates, and any other consideration allowed by law and payable to the lender in connection with the loan or forgiveness of all or part of the loan. A payment by a transferor or transferee to a developer or builder or its assigns for a transfer of an estate or interest after the initial sale by the developer or builder is not a bona fide loan.

6. Any rent, reimbursement, charge, fee, or other amount payable by a tenant to a landlord under a rental agreement or lease, including but not limited to any fee payable to the landlord for consenting to an assignment, subletting, encumbrance, or transfer of the rental agreement or lease.

7. Any consideration payable to the holder of an option to purchase an estate or interest in real property or the holder of a right of first refusal or first offer to purchase an estate or interest in real property for waiving, releasing, or not exercising the option or right upon the transfer of the property to another person.

8. Any tax, fee, charge, assessment, fine, or other amount payable to or imposed by any governmental authority, a Sustainable Energy Utility under § 8059 of Title 29, or a public utility. or

9. Any fee, charge, assessment, fine, or other amount payable to the unit owners association of a common interest community or of a condominium for the benefit of the unit owners pursuant to a declaration, covenant, or law applicable to such association, including, but not limited to, permissible charges payable for resale certificates issued by the association or its authorized agent, or a start-up fee or capital contribution to the reserve fund providing such fund is not for the payment of financing arranged by the developer or builder.

(2) “Transfer” means the sale, gift, conveyance, assignment, devise by will, inheritance through intestate laws, or other transfer or release of an estate or interest in real property located in this State.

(3) “Transfer fee covenant” means a declaration or covenant purporting to affect real property which requires or purports to require the payment of a private transfer fee to the declarant or other person or entity specified in the covenant or declaration, or to their successors or assigns, upon a subsequent transfer of an estate or interest in the real property.

(b) Transfer fee covenant prohibition. — A transfer fee covenant recorded in this State on or after July 27, 2010, or unrecorded shall not run with the title to real property and is not binding on or enforceable at law or in equity against any owner (legal or equitable), subsequent owner (legal or equitable), purchaser, or mortgagee of any estate or interest in real property as an equitable servitude, contract, or otherwise. Any lien purporting to secure the payment of a private transfer fee under a transfer fee covenant recorded in this State on or after July 27, 2010, is void and unenforceable. This section does not mean that a transfer fee covenant or lien arising from a transfer fee covenant recorded in this State before July 27, 2010, or unrecorded is presumed valid and enforceable.

(c) The Attorney General may charge the use of a transfer fee covenant in violation of this section as a violation of consumer law under § 2513 of Title 6 or this section may be enforced by private action.
25 Del. C. § 735 — Delaware Code / Title 25 / Chapter 7 / Subchapter II / Section 735
§ Â
        735. Costs.
Status: in_force

The costs of a proceeding for partition shall be taxed and allowed by the Court and paid from the proceeds of sale or by the parties according to their respective interests in the premises, in the manner as the Court orders.
25 Del. C. § 1104 — Delaware Code / Title 25 / Chapter 11 / Section 1104
§ Â
        1104. Notice of commission meeting; powers of commission; recording of certificate.
Status: in_force

The commissioners shall give at least 20 days notice of their meeting to execute the commission by advertisements at the courthouse door and at 5 public places in the 100 where the land lies; and shall meet on the land accordingly. They shall be sworn to mark and bound the land mentioned in the commission most agreeably to the true original location thereof, according to the evidence, without favor, affection or partiality, according to the best of their experience, ability and judgment, and make true return thereof. They may direct writs of summons for witnesses to be issued out of the Court, and the neglect of the witnesses to attend may be punished as a contempt of court. They may cause the land mentioned in the commission, or any other land, to be surveyed, and may appoint 1 or more surveyors and chain carriers to make the survey, and may swear them to do their duty faithfully and impartially, according to the best of their skill and ability. They may also swear the witnesses. They may adjourn from time to time. The commissioners, or a majority of them concurring, shall cause the land mentioned in the commission to be marked and bounded according to its true original location, and shall return a certificate of the marked bounds or lines to the Court, under their hands, which return shall be recorded in the recorder’s office of the county, unless it is set aside by the Court for irregularity.
25 Del. C. § 182 — Delaware Code / Title 25 / Chapter 1 / Subchapter V / Section 182
§ Â
        182. Validity of electronic documents.
Status: in_force

(a) If a law requires, as a condition for recording, that a document be an original, be on paper or other tangible medium, or be in writing, an electronic document satisfying this subchapter satisfies the law.

(b) If a law requires, as a condition for recording, that a document be signed, an electronic signature satisfies the law.

(c) A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed, or made under oath is satisfied if the electronic signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature. A physical or electronic image of a stamp, impression, or seal is not required to accompany an electronic signature.
25 Del. C. § 4001 — Delaware Code / Title 25 / Chapter 40 / Section 4001
§ Â
        4001. Definition of abandoned personal property.
Status: in_force

(a) For the purposes of this chapter “abandoned personal property” shall be deemed to be tangible personal property which the rightful owner has left in the care or custody of another person and has failed to maintain, pay for the storage of, exercise dominion or control over, and has failed to otherwise assert or declare the ownership rights to the tangible personal property for a period of 1 year.

(b) The following personal property shall not be deemed to be “abandoned personal property”:

(1) Marital property subject to division in a proceeding for divorce or annulment under § 1513 of Title 13;

(2) Personal property which has been stolen or otherwise taken from its rightful owner in violation of Title 11;

(3) Personal property which has been taken from the rightful owner by conversion;

(4) Personal property of a person who dies intestate subject to subchapter I of Chapter 11 of Title 12;

(5) Unclaimed property held by banking organizations as defined by subchapter II of Chapter 11 of Title 12;

(6) Any intangible personal property and the tangible evidence thereof under Chapter 11 of Title 12; or

(7) Personal property in a motor vehicle that is not attached to or considered necessary for the proper operation of the motor vehicle if the owner of the personal property files an answer to the petition pursuant to § 4003 of this title.
25 Del. C. § 7042 — Delaware Code / Title 25 / Chapter 70 / Subchapter V / Section 7042
§ Â
        7042. Delaware Manufactured Home Relocation Trust Fund [Expires July 1, 2029, pursuant to subsection (d) of this section].
Status: in_force

(a) The Delaware Manufactured Home Relocation Trust Fund (“Trust Fund”) is established in the Division of Revenue of the Department of Finance for exclusive use by the Delaware Manufactured Home Relocation Authority to fund the Authority’s administration and operations. All interest earned from the investment or deposit of moneys in the Trust Fund must be deposited into the Trust Fund.

(b) Moneys in the Trust Fund may be expended for only the following purposes:

(1) To pay the administrative costs of the Authority, except board-member compensation for meeting attendance under § 7041(b)(2)b. of this title.

(2) To carry out the objectives of the Authority by assisting manufactured homeowners who are tenants in a manufactured home community where the community owner intends to change the use of all or part of the land on which the community is located or where the community owner intends to convert the manufactured home community to a manufactured home condominium community or to a manufactured home cooperative community pursuant to Chapter 71 of this title, and by assisting manufactured home community owners with the removal or disposal, or both, of nonrelocatable or abandoned manufactured homes.

(3) To carry out the Authority’s responsibilities under subchapter VI of this chapter.

(4) To fund the Delaware Manufactured Home Owner Attorney Fund under § 7046 of this title.

(c) After notifying the manufactured homeowners who are tenants in a community owner’s manufactured home community that the community owner intends to change the land use or to convert the community under paragraph (b)(2) of this section, if the community owner does not change the land use or convert the community within 3 years of notification, or if the Authority finds there is prima facie evidence under § 7024(c)(2) of this title that the owner did not intend in good faith to change land use, the community owner shall, within 30 days of the date the Authority provides written notice to the community owner, reimburse the Authority for whatever moneys the Authority has expended from the Trust Fund with respect to that manufactured home community, along with double the legal interest rate. The date of the mailing of notice by the Authority is deemed the date that a community owner is notified about reimbursing the Authority. However, if the community owner, with due diligence, has not been able to complete the change-in-use process within 3 years, the Authority may grant a reasonable extension to the community owner to complete the process.

(d) Except as required for liquidation under subsections (f) and (k) of this section, the Trust Fund terminates on July 1, 2029, unless terminated sooner or extended by the General Assembly.

(e) The DMHRA Board may establish and adjust the cap on the Trust Fund based on the costs reasonably necessary to carry out the purposes of the Trust Fund under subsection (b) of this section.

(f) If the Trust Fund ceases to exist, the funds held at the time of dissolution must be liquidated as follows:

(1) Fifty percent of the total funds, on a per capita basis, to tenants of rented lots in manufactured home communities in Delaware who have occupied the lots for at least the 12 months immediately prior to the time of the dissolution.

(2) Fifty percent of the total funds to landlords owning rented lots at the time of dissolution, prorated on the number of lots actually rented by the landlords for at least the 12 months immediately prior to the time of dissolution.

(g) (1) a. The Board shall set a monthly assessment for deposit in the Trust Fund for each rented lot in a manufactured home community. The Board may adjust, eliminate, or reinstate the assessment, and shall notify landlords and tenants of each adjustment, elimination, or reinstatement under Board regulations.

b. One half of the monthly assessment set under paragraph (g)(1)a. of this section is the obligation of the tenant of rented lot, and 1 half of the assessment is the obligation of the landlord.

c. Beginning on January 1, 2026, the landlord portion of the monthly assessment is credited $1.50 for each rented lot.

d. Beginning on January 1, 2026, $1.50 of the tenant portion of the monthly assessment for each rented lot is redirected to the Delaware Manufactured Home Owner Attorney Fund under § 7046 of this title.

(2) a. The monthly assessment set under this subsection must be paid as follows:

1. The tenant’s portion of the monthly assessment under paragraph (g)(1)d. of this section is the obligation of the tenant of the rented lot.

2. The landlord’s portion of the monthly assessment under paragraph (g)(1)c. of this section is the obligation of the landlord.

b. The landlord shall collect the tenant’s portion of the assessments under this section on a monthly basis as additional rent. The landlord shall remit to the Trust Fund both its portion and the tenant’s portion of the assessments on a quarterly basis. The landlord is responsible for safeguarding all assessments it collects. Failure by a tenant to pay to the landlord the tenant’s portion of the assessment as additional rent is grounds for termination of the rental agreement under § 7016 of this title. An assessment is not due or collectable for a vacant lot.

(3) If a lot is rented for any portion of a month, the full monthly assessment must be paid to the Trust Fund.

(4) If a rental agreement contains a capping provision which limits the amount by which rent may be increased, the Trust Fund assessment is deemed not to be rent for purposes of rent increases.

(5) a. If within 30 days of the quarterly due date a landlord fails to remit to the Trust Fund both its portion and the tenant’s portion of the assessment, the Authority may notify the landlord in writing, demanding payment and stating that, unless the required payment is made within 7 days from the date of mailing, legal action may be initiated to collect any assessment, interest, at the rate of 1% per month until paid in full, or other sums due and owing. Any written notice must comply with § 7015 of this title. If the Authority is awarded a judgment in its favor, the Authority may request and the court shall award reasonable attorney’s fees, costs, and expenses. Failure by the Authority to provide the notice under this paragraph (g)(5)a. is not prejudicial to the Authority’s right to pursue such cause of action.

b. A landlord may assert as an affirmative defense to legal action initiated under paragraph (g)(5)a. of this section that a tenant has failed to pay its portion of the assessment. There is a rebuttable presumption that the tenant has paid its required assessment amount in full.

(h) The Authority may not for any reason, including age, income level, or geography, exempt any landlord or tenant from paying the Trust Fund assessment.

(i) The Trust Fund must be audited annually. If the State Auditor’s Office performs the audit, the Authority shall pay the cost of the audit to the State from the Trust Fund. The completed audit must be made available to the public by placing it on a website, by offering it as a hard copy for a fee which reflects reasonable reproduction cost, or in some other manner determined by the Authority.

(j) In addition to providing for an annual audit under subsection (i) of this section, the Authority shall make available to the public, at least on a quarterly basis, the amount of the payment made to each tenant and landlord, along with a description of the property related to the payment and the reason for the payment.

(k) If the Delaware Manufactured Home Owner Attorney Fund ceases to exist, the funds held at the time of dissolution must be liquidated on a per capita basis to tenants of rented lots in manufactured home communities in Delaware who have occupied the lots for at least the 12 months immediately before the time of the dissolution.
25 Del. C. § 81-202 — Delaware Code / Title 25 / Chapter 81 / Subchapter II / Section 81-202
§ Â
        81-202. Unit boundaries.
Status: in_force

Except as provided by the declaration:

(a) If walls, floors, or ceilings are designated as boundaries of a unit, all lath, furring, wallboard, plasterboard, plaster, paneling, tiles, wallpaper, paint, finished flooring, and any other materials constituting any part of the finished surfaces thereof are a part of the unit, and all other portions of the walls, floors, or ceilings are a part of the common elements.

(b) If any chute, flue, duct, wire, conduit, bearing wall, bearing column, or any other fixture lies partially within and partially outside the designated boundaries of a unit, any portion thereof serving only that unit is a limited common element allocated solely to that unit, and any portion thereof serving more than 1 unit or any portion of the common elements is a part of the common elements.

(c) Subject to subsection (b) of this section, all spaces, interior partitions, and other fixtures and improvements within the boundaries of a unit are a part of the unit.

(d) Any shutters, awnings, window boxes, doorsteps, stoops, porches, balconies, patios, and all exterior doors and windows or other fixtures designed to serve a single unit, but located outside the unit’s boundaries, are limited common elements allocated exclusively to that unit.
25 Del. C. § 81-212 — Delaware Code / Title 25 / Chapter 81 / Subchapter II / Section 81-212
§ Â
        81-212. Relocation of unit boundaries.
Status: in_force

(a) Subject to the provisions of the declaration and other provisions of law, the boundaries between adjoining units may be relocated by an amendment to the declaration upon application to the association by the owners of those units. If the owners of the adjoining units have specified a reallocation between their units of their allocated interests, the application must state the proposed reallocations. Unless the executive board determines, within 30 days, that the reallocations are unreasonable, the association shall prepare an amendment that identifies the units involved and states the reallocations. The amendment must be executed by those unit owners, contain words of conveyance between them, and, on recordation, be indexed in the name of the grantor and the grantee, and in the grantee’s index in the name of the association. All costs associated with the relocation or any attempted relocation which fails or is denied, including reasonable attorney’s and engineer’s fees, shall be paid by the owners seeking the change.

(b) Subject to the provisions of the declaration and other provisions of law, boundaries between units and common elements may be relocated to incorporate common elements within a unit by an amendment to the declaration upon application to the association by the owner of the unit who proposes to relocate a boundary. Unless the declaration provides otherwise, the amendment may be approved only if persons entitled to cast at least 67 percent of the votes in the association, including 67 percent of the votes allocated to units not owned by the declarant, agree to the action. The amendment may describe any fees or charges payable by the owner of the affected unit in connection with the boundary relocation. The fees and charges shall be assets of the association. The amendment must be executed by the unit owner of the unit whose boundary is being relocated and by the association, contain words of conveyance between them, and on recordation be indexed in the name of the unit owner and the association as grantor or grantee, as appropriate. All costs associated with the relocation or any attempted relocation which fails or is denied, including reasonable attorney’s and engineer’s fees, shall be paid by the owners seeking the change.

(c) The association: (i) in a condominium or planned community shall prepare and record plats or plans necessary to show the altered boundaries of affected units, and their dimensions and identifying numbers, and (ii) in a cooperative shall prepare and record amendments to the declaration, including any plans, necessary to show or describe the altered boundaries of affected units, and their dimensions and identifying numbers.
25 Del. C. § 6303 — Delaware Code / Title 25 / Chapter 63 / Section 6303
§ Â
        6303. Order of distress; service of claim and order; levy; inventory; return; duration of levy.
Status: in_force

(a) Upon the filing of an action of distress, a justice of the peace shall make a determination as to the claim’s compliance with the provisions of this chapter, and upon a determination of compliance, the Court shall promptly issue an order requiring plaintiff to file a cash bond or a bond with surety in such amount and in such form as the Court shall determine and an order to a constable or sheriff of that county directing that all goods on the leased premises be levied upon, once plaintiff has filed said bond. A copy of the claim of distress and order of levy shall be served upon each tenant on the leased premises, as provided herein. The order shall also set forth the time and place where the defendant may appear and make answer to the allegations in the claim.

(b) The levy may be made within the hours of 8:00 a.m. to 8:00 p.m.

(c) The officer making the levy shall then proceed to make an inventory of each article of goods distrained upon and shall deliver to each tenant found on the premises, or if not so found, leave affixed to the premises, a copy of the inventory as provided herein.

(d) The officer serving the order shall make a return of the officer’s action to the court, including the date and time thereof.

(e) A levy for distress shall not remain in force for more than 60 days and if the goods distrained are not sold within that period they shall be discharged from the levy.
25 Del. C. § 5707 — Delaware Code / Title 25 / Chapter 57 / Section 5707
§ Â
        5707. Contents of complaint generally.
Status: in_force

The complaint shall:

(1) State the interest of the plaintiff in the rental unit from which removal is sought;

(2) State the defendant’s interest in the rental unit and defendant’s relationship to the petitioner with regard thereto;

(3) Describe the rental unit from which removal is sought;

(4) State the facts upon which the proceeding is based and attach a copy of any written notice of the basis of the claim as an exhibit to the complaint; and

(5) State the relief sought which may include a judgment for rent due if the notice of complaint contains a conspicuous notice that such demand has been made.
25 Del. C. § 123 — Delaware Code / Title 25 / Chapter 1 / Subchapter II / Section 123
§ Â
        123. Certification of acknowledgment or proof.
Status: in_force

Acknowledgment or proof shall be certified under the hand and seal of office of the clerk, or prothonotary, of the court in which, or under the hand of the judge, notary public or justices of the peace before whom, the acknowledgment or proof is taken, in a certificate indorsed upon or annexed to the deed.
25 Del. C. § 4602 — Delaware Code / Title 25 / Chapter 46 / Section 4602
§ Â
        4602. Demolition; 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 razed or demolished building or structure 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. § 2720 — Delaware Code / Title 25 / Chapter 27 / Subchapter II / Section 2720
§ Â
        2720. Division of proceeds.
Status: in_force

If the proceeds received from any sale under the writ of levari facias is not sufficient to pay in full all liens, such proceeds shall be ratably divided among the persons who have availed themselves of the provisions of this chapter without priority or preference of 1 over the other.
25 Del. C. § 7109 — Delaware Code / Title 25 / Chapter 71 / Section 7109
§ Â
        7109. Rights of nonpurchasing tenants.
Status: in_force

(a) All manufactured home sites occupied by nonpurchasing tenants shall be managed by the same manager or agent who manages all other units in the manufactured home community. The owner shall provide to nonpurchasing tenants all services and facilities required by law on a nondiscriminatory basis. The owner shall guarantee such obligation of the manager or agent to provide all such services and facilities for each tenant until such time as the tenant no longer resides on the premises. This obligation will be the obligation of the tenants’ association if it exercises its right of first refusal and purchases the community.

(b) Where an owner has given notice of that owner’s intent to convert a manufactured home community, each tenant who has not purchased a unit in the proposed conversion project shall, during the remaining term of the rental agreement and any extension thereof, be entitled to the same rights, privileges and services that were enjoyed by tenants prior to the date of the preliminary notice together with those that are granted, offered or provided to purchasers or prospective purchasers of the conversion project.
25 Del. C. § 81-204 — Delaware Code / Title 25 / Chapter 81 / Subchapter II / Section 81-204
§ Â
        81-204. Description of units.
Status: in_force

A description of a unit which sets forth the name of the common interest community, the recording data for the declaration, the county in which the common interest community is located, and the identifying number of the unit, is a legally sufficient description of that unit and all rights, obligations, and interests appurtenant to that unit which were created by the declaration or bylaws.
25 Del. C. § 101 — Delaware Code / Title 25 / Chapter 1 / Subchapter I / Section 101
§ Â
        101. Transfer of title to real estate by deed.
Status: in_force

Lands, tenements and hereditaments may be aliened, and possession thereof transferred by deed, without livery of seisin; and the legal estate shall accompany the use and pass with it.
25 Del. C. § 5713 — Delaware Code / Title 25 / Chapter 57 / Section 5713
§ Â
        5713. Jury trials.
Status: in_force

(a) In any civil action commenced pursuant to this chapter, the plaintiff may demand a trial by jury at the time the action is commenced and the defendant may demand a trial by jury within 10 days after being served. Upon receiving a timely demand, the justice shall appoint 6 impartial persons of the county in which the action was commenced to try the cause. In making such appointments, the justice shall appoint such persons from the jury list being used at time of appointment by the Superior Court in the county where the action was commenced.

(b) The jury shall be sworn or affirmed that they will “faithfully and impartially try the cause pending between the said plaintiff and defendant and make a true and just report thereupon according to the evidence” and shall hear the allegations of the parties and their proofs. If either party fails to appear before the jury, they may proceed in that party’s absence. When the jury or any 4 of them agree, they shall make a report under their hands and return the same to the justice who shall give judgment according to the report.

(c) If any juror appointed fails to appear or serve throughout the trial the justice may supply a replacement by appointing and qualifying another, but there shall be no trial by jury if the defendant has not appeared.

(d) In all other cases, the justice shall hear the case and give judgment according to the right of the matter and the law of the land.

(e) A Chief Magistrate shall have the authority to designate courts in each county which can accommodate a jury trial.
25 Del. C. § 81-311 — Delaware Code / Title 25 / Chapter 81 / Subchapter III / Section 81-311
§ Â
        81-311. Tort and contract liability; tolling of limitation period.
Status: in_force

(a) A unit owner is not liable, solely by reason of being a unit owner, for an injury or damage arising out of the condition or use of the common elements. Neither the association nor any unit owner except the declarant is liable for that declarant’s torts in connection with any part of the common interest community which that declarant has the responsibility to maintain.

(b) An action alleging a wrong done by the association, including an action arising out of the condition or use of the common elements, may be maintained only against the association and not against any unit owner. If the wrong occurred during any period of declarant control and the association gives the declarant reasonable notice of and an opportunity to defend against the action, the declarant who then controlled the association is liable to the association or to any unit owner for: (i) all tort losses not covered by insurance suffered by the association or that unit owner, and (ii) all costs that the association would not have incurred but for a breach of contract or other wrongful act or omission. Whenever the declarant is liable to the association under this section, the declarant is also liable for all expenses of litigation, including reasonable attorney’s fees, incurred by the association.

(c) Except as provided in § 81-416(d) of this title with respect to warranty claims, any statute of limitation affecting the association’s right of action against a declarant under this chapter is tolled until the period of declarant control terminates. A unit owner is not precluded from maintaining an action contemplated by this section because that person is a unit owner or a member or officer of the association. Liens resulting from judgments against the association are governed by § 81-317 of this title.
25 Del. C. § 7041 — Delaware Code / Title 25 / Chapter 70 / Subchapter V / Section 7041
§ Â
        7041. Delaware Manufactured Home Relocation Authority [For application of this section, see 79 Del. Laws, c. 304, Ââ7].
Status: in_force

(a) The Authority shall be administered by a board of directors (“Board”) as follows:

(1) Five voting members as follows:

a. One member who is appointed by the Governor from a list of at least 2 nominees submitted by the largest not-for-profit association representing manufactured homeowners in the State.

b. One member who is appointed by the Governor from a list of at least 2 nominees submitted by the largest not-for-profit association representing the manufactured home industry in this State.

c. One member who is appointed by the Governor from the public-at-large.

d. One member, who is not a landlord, community owner, homeowner, or tenant, who is appointed by the Speaker of the House of Representatives.

e. One member, who is not a landlord, community owner, homeowner, or tenant, who is appointed by the President Pro Tempore of the Senate.

(2) One nonvoting member, who is not a landlord, community owner, homeowner, or tenant, appointed by the Attorney General, as a representative of the Consumer Protection Unit of the Department of Justice.

(3) All Board members shall be residents of the State and serve at the pleasure of the authority that appointed such member.

(4) The terms of the members shall be staggered so that no more than 2 members’ terms end at the same time. The first 2 appointees shall serve for a term of 1 year, the next 2 appointees shall serve for a term of 2 years, and the remaining 1 appointee shall serve for a term of 3 years. Thereafter, all appointees shall serve for a term of 2 years; provided, however, that a member may be appointed for a term of less than 2 years to ensure that the Board members’ terms expire on a staggered basis. The term for any member of the Board may subsequently be renewed for an additional term or additional terms.

(5) The Governor shall designate 1 member of the Board as the chairperson of the Board.

(b) (1) The Board may employ or retain such persons as are reasonable and necessary to perform the administrative and financial transactions and responsibilities of the Authority and to perform other necessary and proper functions not prohibited by law. Except as provided under paragraph (b)(2)b. of this section, the Authority is responsible for all direct and indirect costs for its operations under § 7042 of this title, including receipts and disbursements, personnel, rental of facilities, and reimbursement to other state agencies for services provided and, therefore, must be fiscally revenue-neutral.

(2) a. Members of the Board may be reimbursed from moneys of the Authority for actual and necessary expenses incurred by them as members.

b. The Authority must pay each voting member of the Board $100 for each board meeting the member attends from money appropriated by the General Assembly for this purpose.

(3) There is no civil liability on the part of, and no civil cause of action of any nature against, the Authority, an agent or employee of the Authority, Board, or a member of the Board for any act or omission in the performance of powers and duties under this subchapter unless the act or omission complained of was done in bad faith or with gross or wanton negligence.

(4) Meetings of the Board are subject to the provisions of the Freedom of Information Act, Chapter 100 of Title 29. All meetings must be conducted at a central location in the State, unless agreed to for a given meeting by at least 3 of the 5 board members.

(c) The Board shall do all of the following:

(1) Adopt a plan of operation and articles, bylaws, and operating rules.

(2) Establish procedures under which applicants for payments from the Authority may be approved.

(3) With the affirmative vote of at least 3 of the 5 members of the Board, authorize any of the following regarding the Trust Fund under § 7042 of this title:

a. Payments.

b. Adjust, eliminate, or reinstate the Trust Fund assessment.

c. Adjust, eliminate, or reinstate the cap on the Trust Fund.

(4) Facilitate the initial meeting between the homeowners and landowner and select an arbitrator under § 7053 of this title.

(d) The Authority and its board of directors may sue or be sued and may borrow from private finance sources and issue notes or vouchers in order to meet the objectives of the Authority and those of the Trust Fund established under § 7042 of this title.
25 Del. C. § 7029 — Delaware Code / Title 25 / Chapter 70 / Subchapter IV / Section 7029
§ Â
        7029. Right of first offer; response required by homeowner association.
Status: in_force

(a) A homeowner association must respond in writing to the notice of a right of first offer and send the response by overnight service with signature receipt to the community owner or the community owner’s agent or attorney within 30 calendar days from the date of the mailing of the notice sent by the community owner to the association or to the Authority. The homeowner association’s response must clearly indicate 1 of the following:

(1) The members of the association intend to accept the purchase price and any special conditions material to the transaction for the sale, transfer, or conveyance of the community, as described in the notice of right of first offer.

(2) The members of the association do not accept the price and any special conditions material to the transaction for the sale, transfer, or conveyance of the community, as described in the notice of right of first offer, but that they intend to offer to purchase the community at an alternative price.

(3) The members of the association have no interest in purchasing the community and that they do not intend to proceed any further in the transaction, or, if the members of the association do not respond, they shall be deemed to have notified the community owner that they have no interest in purchasing the community.

(b) If the homeowners association does not respond in material compliance with this section, such failure to respond shall be deemed to serve as notice to the community owner that the homeowners association does not wish to purchase the community.

(c) If the homeowner association responds that it has no interest in purchasing the community, or fails to respond under § 7029, § 7030, § 7031, or § 7032 of this title, the community owner shall file an affidavit of compliance under § 7036 of this title.

(d) Failure of the homeowner association to accept the price and any special conditions material to the transaction for the sale, transfer, or conveyance of the community as stated in the notice of right of first offer; to state an alternative price under § 7030 of this title; or to respond under § 7032 of this title, eliminates the right of the homeowner association to purchase the community during the remainder of the 12-month period that commenced on the date of the community owner’s notice of intention to sell, transfer, or convey all or part of the community.

(e) A homeowner association may transfer or assign a right of first offer only to an organization formed or controlled by the homeowners to assist only in the purchase and operation of the community. Therefore, other than the preceding condition in this subsection, a right of first offer is neither transferable nor assignable.
25 Del. C. § 7016 — Delaware Code / Title 25 / Chapter 70 / Subchapter II / Section 7016
§ Â
        7016. Termination or nonrenewal of rental agreement by landlord; due cause: noncompliance.
Status: repealed

(a) A landlord may terminate a rental agreement with a tenant immediately upon written notice if the tenant does not comply with the terms of the rental agreement or the requirements of this subchapter and the noncompliance is the result of any of the following:

(1) Clear and convincing evidence that conduct of the tenant or of a resident of the tenant’s manufactured home caused, is causing, or threatens to cause, immediate and irreparable harm to any person or property in the manufactured home community.

(2) Conviction of a crime or adjudication of delinquency committed by a tenant or by a resident of the tenant’s manufactured home, the nature of which at the time of the crime or act of delinquency caused immediate and irreparable harm to any person or property in the manufactured home community.

(3) Clear and convincing evidence of a material misrepresentation on the tenant’s application to rent a lot in the manufactured home community which, if the truth were known, would have resulted in the denial of the application.

(4) [Repealed.]

(5) The failure of a tenant to bring such tenant’s manufactured home into compliance with written standards under § 7007(b) or [former] § 7013(e) [repealed] of this title.

(b) A landlord may terminate a rental agreement with a tenant by providing prior written notice as follows:

(1) If the tenant’s noncompliance with the terms of the rental agreement or the requirements of this subchapter involves conduct of the tenant, of a resident of the tenant’s manufactured home, or of a guest or visitor of the tenant or resident which results in the disruption of the rights of others entitled to the quiet enjoyment of the premises, the landlord shall notify the tenant in writing to immediately cause the conduct to cease and not allow its repetition. The notice must specify the conduct which formed the basis for the notice and notify the tenant that if substantially the same conduct recurs within 6 months, whether or not the 6-month period falls within 1 lease period or overlaps 2 lease periods, the landlord may immediately terminate the rental agreement and bring an action for summary possession.

(2) If the noncompliance is based upon a condition on or of the premises of the manufactured home community, the landlord shall notify the tenant in writing, specifying the condition constituting the noncompliance and allowing the tenant 12 days from the date of mailing or personal service to remedy the noncompliance. If the tenant remains in noncompliance at the expiration of the 12-day period, whether or not the 12-day period falls within 1 lease period or overlaps 2 lease periods, the landlord may immediately terminate the rental agreement and bring an action for summary possession.

(3) If rent, which includes late fees for rent, other fees and charges, including utility charges, and the Trust Funds assessment, is not received by the landlord by the fifth day after the due date or during the grace period stated in the rental agreement, whichever is longer, the landlord shall notify the tenant in writing, demanding payment and stating that unless the required payment is made within 7 days from the date of mailing or personal service, the rental agreement will be terminated. If the tenant remains in default after the 7-day period, whether or not the 7-day period falls within 1 lease period or overlaps 2 lease periods, the landlord may terminate the rental agreement and bring an action to recover the rent due and for summary possession.

(c) Whether or not repeated instances of noncompliance fall within 1 lease period or overlap 2 or more lease periods, if there are repeated instances of noncompliance by the tenant with a provision of the rental agreement, with any rule or regulation material to the rental agreement, or with a provision of subchapters I through V of this chapter, even when corrected by the tenant, a landlord may immediately terminate the rental agreement and bring an action for summary possession and any moneys due, or may refuse to renew the agreement under § 7009 of this title. “Repeated instances of noncompliance” include any of the following:

(1) Failure of the tenant on 4 separate occasions within 12 consecutive payment periods, to make a rent payment by the fifth day after the due date or during the grace period stated in the rental agreement, whichever is longer, resulting in notice being sent to the tenant under paragraph (b)(3) of this section.

(2) Failure of the tenant on 2 separate occasions within 12 consecutive payment periods to reimburse a landlord within 7 days of notice from the landlord to the tenant that the landlord paid the tenant’s utility charge.

(3) Tender by the tenant on 2 separate occasions within 12 consecutive payment periods of a bank draft or check which is dishonored by a financial institution for any reason, except for a mistake by the financial institution.

(4) Four separate incidents of noncompliance as described in paragraph (b)(1) or (b)(2) of this section within a 12-month period.

(5) Any combination of 4 separate incidents of noncompliance as described in any subdivision of this subsection within a 12-month period.

(d) A landlord may not terminate a rental agreement or refuse to renew a rental agreement under paragraph (c)(1) of this section unless the landlord notifies the tenant after the third separate occasion within 12 consecutive payment periods that a subsequent incident of noncompliance under paragraph (c)(1) of this section may result in either the immediate termination of the rental agreement or the nonrenewal of the rental agreement at its expiration.

(e) In an action for summary possession based on nonpayment of rent, the tenant is entitled to raise by defense or counterclaim any claim against the landlord that is related to the rental of the lot.

(f) A notice sent to a tenant advising the tenant that the rental agreement is terminated or will be terminated or will not be renewed must specify the reasons for such action in sufficient detail so that the dates, places, and circumstances concerning the termination are clear. Mere reference to or recital of the language of this section is not sufficient.

(g) A landlord’s right to terminate a rental agreement prior to the expiration of the agreement or right to refuse to renew at the expiration of the agreement does not arise until the landlord has complied with the applicable notice provision upon which the landlord is relying for the termination or non-renewal of the agreement.
25 Del. C. § 2607 — Delaware Code / Title 25 / Chapter 26 / Section 2607
§ Â
        2607. Notice of lien to be mailed [For application of this section, see 79 Del. Laws, c. 18, Ââ2].
Status: in_force

The broker shall cause a copy of the affidavit and notice of broker’s lien to be mailed to the record owner of the commercial real estate by certified mail, return receipt requested, or by process server, to the last known address of the owner or, if that is unknown, then to the address for the owner shown on the county real estate tax records, or, if the lien is claimed on the leasehold estate of the tenant, then to the tenant at the address shown on the lease agreement.
25 Del. C. § 5904 — Delaware Code / Title 25 / Chapter 59 / Section 5904
§ Â
        5904. 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 to judgment and appointment of a receiver, the owner or any mortgagee or 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 the foregoing provision 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 the following subsection.

(c) (1) If, upon a hearing authorized in the preceding subsection, 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. § 103 — Delaware Code / Title 25 / Chapter 1 / Subchapter I / Section 103
§ Â
        103. Circumstances under which wife may bar her dower without husband being a party.
Status: in_force

In all cases of sales of lands and tenements under judgments, or by guardians for persons with mental disabilities, the wife of any defendant in such judgment, or of such person with a mental disability, may execute, acknowledge and deliver any conveyance, release or other instrument to bar her of dower in the land and tenements so sold, without her husband being a party to such conveyance, release or other instrument.
25 Del. C. § 3901 — Delaware Code / Title 25 / Chapter 39 / Section 3901
§ Â
        3901. Persons entitled to liens.
Status: in_force

(a) Any hotelkeeper, innkeeper, garage owner, auction service or other person who keeps a livery, boarding stable, garage, airport, marina or other establishment and, for price or reward at such livery, boarding stable, garage, airport, marina or other establishment, furnishes food or care for any horse or has the custody or care of any carriage, cart, wagon, sleigh, motor vehicle, trailer, moped, boat, airplane or other vehicle or any harness, robes or other equipment for the same or makes repairs, auctions, performs labor upon, furnishes services, supplies or materials for, stores, safekeeps or tows any carriage, cart, wagon, sleigh, motor vehicle, trailer, moped, boat, airplane or other vehicle or any harness, robes or other equipment for the same shall have a lien upon such horse, carriage, cart, wagon, sleigh, motor vehicle, trailer, moped, boat, airplane or other vehicle, harness, robes or equipment and the right to detain the same to secure the payment of such price or reward.

(b) Unless the context of this chapter requires otherwise, a lienholder shall mean any person defined in subsection (a) of this section.
25 Del. C. § 2733 — Delaware Code / Title 25 / Chapter 27 / Subchapter III / Section 2733
§ Â
        2733. Requirements of statement of claim.
Status: in_force

The statement of claim shall set forth the names of the party claimant, the owner or reputed owner of the structure or bridge, the contractor and the kind of labor done and whether the contract was with the owner or the owner’s agent or with the contractor, the sum claimed to be due, the time when the labor was commenced and finished, the location of such structure or bridge, the ground upon which the same is situated, and a description sufficient to identify the same.
25 Del. C. § 3702 — Delaware Code / Title 25 / Chapter 37 / Section 3702
§ Â
        3702. Duration of lien.
Status: in_force

The lien shall continue for and during the period of 2 years next after the work is done or the materials or supplies are furnished or provided to the ship or vessel and no longer.
25 Del. C. § 731 — Delaware Code / Title 25 / Chapter 7 / Subchapter II / Section 731
§ Â
        731. Deed upon death of purchaser.
Status: in_force

If the purchaser of any lands and premises sold under the provisions of this chapter dies before the return and confirmation of the sale and deed made accordingly, the Court of Chancery, under its general equity powers in this behalf, may, upon the payment or securing of the purchase money, in accordance with the provisions of this chapter, direct the deed to be made to the persons entitled in such case to the lands and premises so sold.
25 Del. C. § 7031 — Delaware Code / Title 25 / Chapter 70 / Subchapter IV / Section 7031
§ Â
        7031. Right of first offer; sale to a third party at a lower price.
Status: in_force

(a) The community owner may not sell the community to a third party at or less than the price offered in the alternative offer from the homeowner association unless 1 of the following occur:

(1) The offer is withdrawn under § 7030(b) of this title.

(2) The homeowner association is given 30 calendar days to match the lower price and all of the material terms and conditions of the lower offer.

(b) The notice of the right to match the lower third-party offer shall be sent to the homeowner association by overnight service with signature receipt. The notice must state the price and any special conditions material to the transaction for the sale, transfer, or conveyance of the community.

(c) Upon written demand from the homeowner association, the community owner must provide the homeowner association with tangible evidence of the lower offer received within 3 business days of receipt of the written request from the homeowner association by overnight service with signature receipt.

(d) If the homeowner association matches the offer within 30 calendar days of receipt of the notice, the community owner is obligated to move to the next step of the negotiation with the homeowner association under § 7033 of this title.
25 Del. C. § 2205 — Delaware Code / Title 25 / Chapter 22 / Subchapter II / Section 2205
§ Â
        2205. Common elements.
Status: in_force

The percentage of undivided interest in the common elements assigned to each unit shall be set forth in the declaration, and such percentage shall not be altered except by recording an amended declaration duly executed by all of the unit owners affected thereby. The undivided interest in the common elements may not be separated from the unit to which such interest pertains and shall be deemed to be conveyed, leased or encumbered with the unit even though such interest is not expressly referred to or described in the deed, lease, mortgage or other instrument. The common elements shall remain undivided and no owner may exempt said owner’s self from liability with respect to the common expenses by waiver of the enjoyment of the right to use any of the common elements or by the abandonment of that owner’s unit or otherwise and no action for partition or division of any part of the common elements shall be permitted, except as provided in § 2239 of this title. Each unit owner or lessee thereof may use the common elements in accordance with the purpose for which they are intended without hindering or encroaching upon the lawful rights of the other unit owners. The maintenance and repair of the common elements and the making of any additions or improvements thereto shall be carried out only as provided in the code of regulations.
25 Del. C. § 81-113 — Delaware Code / Title 25 / Chapter 81 / Subchapter I / Section 81-113
§ Â
        81-113. Obligation of good faith.
Status: in_force

Every contract or duty governed by this chapter imposes an obligation of good faith in its performance or enforcement.
25 Del. C. § 81-209 — Delaware Code / Title 25 / Chapter 81 / Subchapter II / Section 81-209
§ Â
        81-209. Plats and plans.
Status: repealed

(a) Plats and plans are a part of the declaration, and are required for all condominiums and cooperatives. Each plat and plan must be clear and legible and contain a certification as required by subsection (g) of this section and by declarant that the plat or plan contains all information required by this section.

(b) Each plat must show or project:

(1) The name and a survey or general schematic map of the entire common interest community;

(2) The location and dimensions of all real estate not subject to development rights, or subject only to the development right to withdraw, and the location and dimensions of all existing improvements within that real estate;

(3) A legally sufficient description of any real estate subject to development rights, labeled to identify the rights applicable to each parcel, but plats and plans need not designate or label which development rights are applicable to each parcel if that information is clearly delineated in the declaration;

(4) The extent of any encroachments by or upon any portion of the common interest community;

(5) To the extent feasible, a legally sufficient description of all easements serving or burdening any portion of the common interest community;

(6) Except as provided in subsection (h) of this section, the approximate location and dimensions of any vertical unit boundaries not shown or projected on plans recorded pursuant to subsection (d) of this section and that unit’s identifying number;

(7) Except as provided in subsection (h) of this section, the approximate location with reference to an established datum of any horizontal unit boundaries not shown or projected on plans recorded pursuant to subsection (d) of this section and that unit’s identifying number;

(8) A legally sufficient description of any real estate in which the unit owners will own only an estate for years, labeled as “leasehold real estate”;

(9) The distance between noncontiguous parcels of real estate comprising the common interest community; and

(10) The approximate location and dimensions of any porches, decks, balconies, garages, or patios allocated as limited common elements, and show or contain a narrative description of any other limited common elements.

(11) [Repealed.]

(c) A plat shall show the intended location and dimensions of any contemplated improvement to be constructed anywhere within the common interest community. Any contemplated improvement shown must be labeled either “MUST BE BUILT” or “NEED NOT BE BUILT.”

(d) Except as provided in subsection (h) of this section, to the extent not shown or projected on the plats, plans of the units must show or project:

(1) The approximate location and dimensions of the vertical boundaries of each unit, and that unit’s identifying number;

(2) The approximate location of any horizontal unit boundaries, with reference to an established datum, and that unit’s identifying number; and

(3) The approximate location of any units in which the declarant has reserved the right to create additional units or common elements (§ 81-210(c) of this title), identified appropriately.

(e) Unless the declaration provides otherwise, the horizontal boundaries of part of a unit located outside a building have the same elevation as the horizontal boundaries of the inside part and need not be depicted on the plats and plans.

(f) Upon exercising any development right, the declarant shall record either new plats and plans necessary to conform to the requirements of subsections (a), (b), and (d) of this section, or new certifications of plats and plans previously recorded if those plats and plans otherwise conform to the requirements of those subsections.

(g) Any certification of a plat or plan required by this section or § 81-201(b) of this title must be made by an independent architect, independent licensed professional land surveyor or independent engineer.

(h) Plats and plans need not show the location and dimensions of the units’ boundaries or their limited common elements if:

(1) The plat shows the location and dimensions of all buildings containing or comprising the units; and

(2) The declaration includes other information that shows or contains a narrative description of the general layout of the units in those buildings and the limited common elements allocated to those units.
25 Del. C. § 4702 — Delaware Code / Title 25 / Chapter 47 / Section 4702
§ Â
        4702. Right of mortgagee to recover fire insurance premiums.
Status: in_force

Any mortgagee having paid any premium or premiums of fire insurance covering the mortgaged premises shall, in any action of scire facias sur mortgage or other civil action, obtain in the final judgment in the cause the amount of money paid for such fire insurance premium or premiums. There shall be set forth in the affidavit of demand filed in the action an itemized list of the insurance premium or premiums paid, the total amount of the payments thereof and that the amount has been paid. There shall be attached to the affidavit of demand fire insurance premium receipts from the agent issuing the policy or policies.
25 Del. C. § 7033 — Delaware Code / Title 25 / Chapter 70 / Subchapter IV / Section 7033
§ Â
        7033. Right of first offer; contract of sale.
Status: in_force

(a) If a homeowner association responds to the notice of right of first offer under § 7029 of this title, or if the community owner agrees to sell the community to the homeowner association under § 7030 of this title, the homeowner association has an additional 30 days to formalize the agreed price, terms, and conditions into a contract of sale. This 30-day period may not be used to renegotiate the price, terms, or conditions agreed to during the first 30-calendar-day period unless mutually agreed to in writing. Time is of the essence.

(b) Failure of the homeowner association to formalize a contract of sale during the 30-day period following an agreement of price, terms, and conditions eliminates any right of the homeowner association to purchase the community during the remainder of the 12-month period that commenced on the date of the community owner’s notice of intention to sell, transfer, or convey all or part of the community.

(c) Upon a formalized contract of sale being signed by both parties, the change of ownership of the community must be completed within 90 days. Time is of the essence.

(d) (1) The completion date may be extended beyond the 90-day period if both parties agree to an extension. However, neither party is obligated to agree to an extension.

(2) An agreement to extend the settlement date must be in writing and signed by both parties to the transaction.

(3) If the parties did not fully exhaust the 30-day periods under subsections (a) or (b) of this section or § 7029(a) of this title, any unused days may be added to the 90-day period in subsection (c) of this section by either party by providing written notification to all other parties within 5 business days prior to the end of the 90-day period. The time period for calculation of unused days is from the dates of mailing of the notices required by each section.
25 Del. C. § 107 — Delaware Code / Title 25 / Chapter 1 / Subchapter I / Section 107
§ Â
        107. Conveyance of real estate by married woman deserted without just cause.
Status: in_force

Every married woman abandoned by her husband without just cause, who is the owner in her own right of real estate in this State, may sell or otherwise dispose of such real estate as effectually as if she were a single woman. A deed executed and certified as provided in § 124 of this title and recorded in the county in which the lands lie shall be as effectual as if the grantor executing the deed were a single woman.
25 Del. C. § 6711 — Delaware Code / Title 25 / Chapter 67 / Subchapter I / Section 6711
§ Â
        6711. Distress of agricultural produce; appraisal.
Status: in_force

Where the distress is for grain or produce, the person authorized to levy such distress shall summon and cause to be sworn 2 disinterested persons, whose duty it shall be to estimate under oath the money value of the specific amount or quantity of grain, or other produce or proportion of the crops agreed upon as rent, and thereupon to proceed to levy the said distress.
25 Del. C. § 81-119 — Delaware Code / Title 25 / Chapter 81 / Subchapter I / Section 81-119
§ Â
        81-119. Applicability to preexisting common interest communities and approved common interest communities.
Status: repealed

Except as provided in § 81-120 (Exception for small preexisting cooperatives and planned communities), and § 81-124 and except as limited by § 81-122 of this title hereof, §§ 81-105, 81-106, 81-107, 81-127, 81-203, 81-204, 81-217(i), 81-221, 81-301, 81-302(a)(1) through (6) and (11) through (17), 81-302(f), 81-302(g), 81-303, 81-306, 81-307(a), 81-308A, 81-309(a), 81-310, 81-311, 81-314, 81-315, 81-316, 81-318, 81-321, 81-322 [repealed], 81-323, 81-324, 81-409, and 81-417 of this title, and § 81-103 of this title to the extent any definitions are necessary in construing any of the foregoing sections to the extent the definitions do not conflict with the declaration, apply to all common interest communities and approved common interest communities created in this State before the effective date; but those sections apply only with respect to events and circumstances occurring after the effective date, and do not invalidate existing provisions of the declaration, bylaws, code of regulations, declaration plan, or plats or plans of those preexisting common interest communities and approved common interest communities that do not conflict with this chapter. With respect to all common interest communities, such existing provisions of those declarations, bylaws, codes of regulations, declaration plans, plats or plans, and subsequent amendments thereto adopted subsequent to the effective date of this chapter in strict accordance with those existing provisions, and not in conflict with the Unit Property Act (Chapter 22 of this title), shall be controlling in the event of any express conflict between those existing provisions (as duly amended) and the provisions of this chapter.

In matters and as to issues where neither such existing provisions of the declaration, bylaws, code of regulations, declaration plan, or plats or plans (as duly amended) of preexisting common interest communities or approved common interest communities nor the Unit Property Act (Chapter 22 of this title) expressly addresses the matter or issue, the provisions of this chapter shall control. As to any such preexisting common interest community or approved common interest community prior to the effective date: (i) this chapter shall not operate to terminate or allow the termination of existing contractual obligations created prior to the effective date, including, but not limited to contracts for units for preexisting common interest communities or approved common interest community projects; (ii) this chapter shall not invalidate the declaration, code of regulations, bylaws, declaration plan, or plats or plans of such common interest community that do not conflict with this chapter; (iii) the Unit Property Act (Chapter 22 of this title), and not this chapter shall govern all obligations of a declarant created under the Unit Property Act (Chapter 22 of this title); (iv) unless the declarant or other person with the right to do so elects to conform the requirements of this chapter in exercising any development right or special declarant rights, this chapter is not applicable to the procedures for the exercise of any such development rights or special declarant rights; (v) this chapter does not require that the preexisting declaration, code of regulations, bylaws, declaration plans, or plats or plans or other governing documents, including, but not limited to certificates or articles of incorporation, formation or otherwise of any preexisting common interest community or approved common interest community be amended to, or otherwise to comply with, the requirements of this chapter; and (vi) except for §§ 81-409 and 81-417 of this title, subchapter IV of this chapter is not applicable to any such preexisting common interest community or approved common interest community. Without limiting the generality of any other provision of this chapter, and notwithstanding any other provision of this chapter, any condominium created under the Unit Property Act for which future expansions are provided under its declaration made pursuant to the Unit Property Act shall remain governed by the Unit Property Act and not this chapter with respect to all of such future sections, phases or other expansion rights.

Any preexisting common interest community or approved common interest community has the right to amend its declaration, code of regulations, bylaws, declaration plans, or plats or plans or other governing documents, including, but not limited to certificates or articles of incorporation, formation or otherwise to comply with any or all of the requirements of this chapter, or a preexisting common interest community or approved common interest community may select particular additional sections of this chapter to apply to that community without adopting the entire chapter.
25 Del. C. § 901 — Delaware Code / Title 25 / Chapter 9 / Section 901
§ Â
        901. Liability in actions for waste.
Status: in_force

If any tenant by the curtesy, tenant in dower, or tenant for life or years commits waste, during the tenant’s estate or term, of the houses, woods or any other thing belonging to the tenements so held, without special license in writing, the tenant shall be liable to an action of waste.
25 Del. C. § 3910 — Delaware Code / Title 25 / Chapter 39 / Section 3910
§ Â
        3910. Rules.
Status: in_force

The Justice of the Peace Court and Superior Court may adopt appropriate and specific rules to effectuate the intent and purpose of this chapter.
25 Del. C. § 184 — Delaware Code / Title 25 / Chapter 1 / Subchapter V / Section 184
§ Â
        184. Uniform standards.
Status: in_force

(a) An electronic recording commission is created to adopt standards to implement this subchapter. The commission must consist of the recorder for each county of the State and 2 members at large appointed by the Secretary of State.

(b) The electric recording commission shall promote harmony and uniformity of standards and practices in the use of electronic recording so far as is consistent with the purposes, policies, and provisions of this subchapter. When adopting, amending, and repealing standards, the commission shall consider standards and practices of other jurisdictions; the most recent standards promulgated by national standard-setting bodies, such as the Property Records Industry Association; the views of interested persons and other governmental entities; the needs of counties of varying size, population, and resources; and the need for security protection to ensure that electronic documents are accurate, authentic, adequately preserved, and resistant to tampering.
25 Del. C. § 81-220 — Delaware Code / Title 25 / Chapter 81 / Subchapter II / Section 81-220
§ Â
        81-220. Master associations.
Status: in_force

(a) If the declaration provides that any of the powers described in § 81-302 of this title are to be exercised by or may be delegated to a profit or nonprofit corporation that exercises those or other powers on behalf of one or more common interest communities or for the benefit of the unit owners of 1 or more common interest communities, all provisions of this chapter applicable to unit owners’ associations apply to any such corporation, except as modified by this section.

(b) Unless it is acting in the capacity of an association described in § 81-301 of this title, a master association may exercise the powers set forth in § 81-302(a)(2) of this title only to the extent expressly permitted in the declarations of common interest communities which are part of the master association or expressly described in the delegations of power from those common interest communities to the master association.

(c) If the declaration of any common interest community provides that the executive board may delegate certain powers to a master association, the members of the executive board have no liability for the acts or omissions of the master association with respect to those powers following delegation.

(d) The rights and responsibilities of unit owners with respect to the unit owners’ association set forth in §§ 81-303, 81-308, 81-309, 81-310, and 81-312 of this title apply in the conduct of the affairs of a master association only to persons who elect the board of a master association, whether or not those persons are otherwise unit owners within the meaning of this chapter.

(e) Even if a master association is also an association described in § 81-301 of this title, the certificate of incorporation or other instrument creating the master association and the declaration of each common interest community, the powers of which are assigned by the declaration or delegated to the master association, may provide that the executive board of the master association must be elected after the period of declarant control in any of the following ways:

(1) All unit owners of all common interest communities subject to the master association may elect all members of the master association’s executive board.

(2) All members of the executive boards of all common interest communities subject to the master association may elect all members of the master association’s executive board.

(3) All unit owners of each common interest community subject to the master association may elect specified members of the master association’s executive board.

(4) All members of the executive board of each common interest community subject to the master association may elect specified members of the master association’s executive board.
25 Del. C. § 2246 — Delaware Code / Title 25 / Chapter 22 / Subchapter VIII / Section 2246
§ Â
        2246. Exceptions for nonresidential condominiums.
Status: in_force

A nonresidential condominium may elect to be exempt from the requirement for creating and maintaining a repair and replacement reserve pursuant to § 2211 of this title if the declaration so provides or otherwise by the vote of a majority of the unit owners. A condominium that contains units restricted exclusively to nonresidential purposes and other units that may be used for residential purposes is not subject to this section (and therefore is not required to maintain a repair and replacement reserve) unless the units that may be used for residential purposes would comprise a condominium in the absence of the nonresidential units or the declaration provides that this section applies. Nothing herein shall prevent the establishment of a condominium for residential purposes and a nonresidential condominium for the same real estate.
25 Del. C. § 6102 — Delaware Code / Title 25 / Chapter 61 / Section 6102
§ Â
        6102. Definitions.
Status: in_force

The following words, terms and phrases, when used in this part, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(1) “Commercial unit” shall mean any lot, structure or portion thereof which is occupied or rented for commercial or industrial purposes.

(2) “Landlord” shall mean:

a. The owner, lessor or sublessor of the rental unit or the property of which it is a part and, in addition, shall mean any person authorized to exercise any aspect of the management of the premises, including any person who, directly or indirectly, receives rents or any part thereof other than as a bona fide purchaser and who has no obligation to deliver the whole of such receipts to another person;

b. Any person held out by any landlord as the appropriate party to accept performance, whether such person is a landlord or not;

c. Any person with whom the tenant normally deals as a landlord; or

d. Any person to whom the person specified in paragraphs (2)b. and c. of this section is directly or ultimately responsible.

(3) “Owner” shall mean 1 or more persons, jointly or severally, in whom is vested:

a. All or part of the legal title to property; or

b. All or part of the beneficial ownership, usufruct and a right to present use and enjoyment of the premises.

(4) “Person” shall include an individual, corporation, government or governmental agency, statutory trust, business trust, estate, trust, partnership or association, 2 or more persons having a joint or common trust or any other legal or commercial entity.

(5) “Premises” shall mean the rental unit and the structure of which it is a part, and the facilities and appurtenances therein, and ground, areas and facilities held out for the use of tenants generally or whose use by the tenant is promised by the landlord.

(6) “Rental agreement” shall mean and include all agreements, written or oral, which establish or modify the terms, conditions, rules, regulations or other provisions concerning the use and occupancy of a rental unit.

(7) “Rental unit” shall mean a commercial unit.

(8) “Tenant” shall mean a person entitled under a rental agreement to occupy a rental unit to the exclusion of others.
25 Del. C. § 7110 — Delaware Code / Title 25 / Chapter 71 / Section 7110
§ Â
        7110. Rights of tenant during conversion.
Status: in_force

(a) After the filing of a conversion plan, during the grace period, no owner may evict or fail to renew the lease of a tenant of a manufactured home community which is the site of a proposed conversion; provided, however, that eviction proceedings may be commenced for nonpayment of rent or a similar breach by a tenant of a contractual obligation to the owner.

(b) The prices, terms and conditions offered to tenants by the owner for the purchase of a unit within the conversion project shall be the same as, or more favorable than, those set forth in the conversion plan and those offered to the general public.

(c) Any tenant who has left the manufactured home community or is about to do so because the owner or the owner’s agents are substantially interfering with the tenant’s comfort, peace or quiet contrary to the terms of this chapter may apply to the Attorney General for assistance. The Attorney General may act on such tenant’s behalf to secure restraining actions to abate the disturbance and/or to prohibit the owner from engaging in any course of conduct (including, but not limited to, interruption or discontinuance of essential services) which would substantially interfere with such person’s tenancy.

(d) Where the lease of a tenant expires after the conversion plan has been filed, and such tenant continues to rent a site within the manufactured home community, the owner shall not increase the rent on an annual basis more than the average or the prior year’s annual increase in rent of the 3 geographically nearest manufactured home communities in the county in which the community is located. The average increase in rent will be determined as of the date on which the lease expires. There shall be no more than 1 rent increase imposed upon the tenant during any 1 calendar year.
25 Del. C. § 6306 — Delaware Code / Title 25 / Chapter 63 / Section 6306
§ Â
        6306. Procedure in the event of a forcible entry.
Status: in_force

Where entry is gained forcibly and if no tenant is found on the premises, a copy of the claim and order shall be affixed on a prominent place on the interior of the leased premises. The constable or sheriff shall then proceed to make an inventory of each article of goods distrained and leave affixed to the premises a copy of the inventory and shall attempt to contact the tenant if the tenant’s whereabouts are known and leave the premises locked and as safe and secure as possible. The constable or sheriff serving the order shall make a return of the constable’s or sheriff’s action to the Court including the date, time and manner of the forcible entry.
25 Del. C. § 6722 — Delaware Code / Title 25 / Chapter 67 / Subchapter II / Section 6722
§ Â
        6722. Improper tillage and cutting of timber.
Status: in_force

The cutting of timber by the tenant on leased agricultural land, without the consent of the landlord in writing, is waste. Improper tillage and the cutting of timber may be enjoined by the landlord, who may also bring an action for double the damage done to the land, loss of value of the land and loss of value of the crop or timber.
25 Del. C. § 81-105 — Delaware Code / Title 25 / Chapter 81 / Subchapter I / Section 81-105
§ Â
        81-105. Separate titles and taxation.
Status: reserved

(a) In a cooperative, unless the declaration provides that a unit owner’s interest in a unit and its allocated interests is real estate for all purposes, that interest is personal property. That interest is subject to the provisions of homestead exemptions, even if it is personal property.

(b) In a condominium or planned community:

(1) If there is any unit owner other than a declarant, each unit that has been created, together with its interest in the common elements, constitutes for all purposes a separate parcel of real estate.

(2) If there is any unit owner other than a declarant, each unit must be separately taxed and assessed, and no separate tax or assessment may be rendered against any common elements for which a declarant has reserved no development rights.

(c) Any portion of the common elements for which the declarant has reserved any development right must be separately taxed and assessed against the declarant, and the declarant alone is liable for payment of those taxes.

(d) If there is no unit owner other than a declarant, the real estate comprising the common interest community may be taxed and assessed in any manner provided by law.
25 Del. C. § 81-124 — Delaware Code / Title 25 / Chapter 81 / Subchapter I / Section 81-124
§ Â
        81-124. Applicability to continuing care common interest communities.
Status: in_force

Anything to the contrary in this chapter notwithstanding, this chapter does not apply to any condominium, cooperative or other common interest community created in this State before October 31, 2008, that is a continuing care facility governed by the Delaware Life-Care Registration Act (§ 4601 et seq. of Title 18) as of October 31, 2008. Such condominium, cooperative or other common interest community shall continue to be governed solely by the Unit Property Act [Chapter 22 of this title] or other statutes in effect prior to October 31, 2008, and applicable to such common interest community.
25 Del. C. § 2220 — Delaware Code / Title 25 / Chapter 22 / Subchapter IV / Section 2220
§ Â
        2220. Declaration plan.
Status: in_force

The declaration plan shall bear the verified statement of a registered architect or licensed professional engineer certifying that the declaration plan fully and accurately:

(1) Shows the property, the location of the building thereon, the building and the layout of the floors of the building, including the units and the common elements; and

(2) Sets forth the name by which the property will be known and the unit designation for each unit therein.
25 Del. C. § 81-415 — Delaware Code / Title 25 / Chapter 81 / Subchapter IV / Section 81-415
§ Â
        81-415. Exclusion or modification of implied warranties of quality.
Status: in_force

(a) Except as limited by subsection (b) of this section with respect to a purchaser of a unit that may be used for residential use, implied warranties of quality:

(1) May be excluded or modified by agreement of the parties; and

(2) Are excluded by expression of disclaimer, such as “as is,” “with all faults,” or other language that in common understanding calls the purchaser’s attention to the exclusion of warranties.

(b) With respect to a purchaser of a unit that may be occupied for residential use, no general disclaimer of implied warranties of quality is effective, but a declarant and any dealer may disclaim liability in an instrument signed by the purchaser for a specified defect or specified failure to comply with applicable law, if the defect or failure entered into and became a part of the basis of the bargain.

(c) The warranty provided in § 81-414(b) of this title on a unit for residential use commences with the earlier of the time of the conveyance or the delivery of possession and extends for a period of 1 year.
25 Del. C. § 2605 — Delaware Code / Title 25 / Chapter 26 / Section 2605
§ Â
        2605. When to file the affidavit and notice of brokerâs lien [For application of this section, see 79 Del. Laws, c. 18, Ââ2].
Status: in_force

The lien shall be recorded within 90 days of the failure to pay upon completion of the duties under § 2603 of this title or the agreed upon payment schedule. The affidavit and notice of broker’s lien shall be effective for 1 year following the date of filing and while any litigation concerning it is pending. For a notice of lien to be effective while a complaint is pending under § 2610 of this title, the broker is required to file a continuation of lien prior to the expiration of the current notice of lien to provide notice that litigation concerning the lien is pending. Renewal of leases that were the subject of a brokerage agreement shall restart the 90-day period in which to file the form of affidavit and notice upon failure to pay the stated compensation.
25 Del. C. § 81-303 — Delaware Code / Title 25 / Chapter 81 / Subchapter III / Section 81-303
§ Â
        81-303. Executive board members and officers.
Status: in_force

(a) The declaration must create an executive board. Except as provided in the declaration, the bylaws, subsection (b) of this section, or other provisions of this chapter, the executive board may act in all instances on behalf of the association. In the performance of their duties, officers and members of the executive board shall exercise the degree of care and loyalty to the association required of an officer or director of a corporation organized under Delaware law. The standards of care and loyalty described in this section apply regardless of the form of legal entity in which the association is organized.

(b) The executive board may not act on behalf of the association to amend the declaration or the bylaws, to terminate the common interest community, or to elect members of the executive board or determine the qualifications, powers and duties, or terms of office of executive board members, but the executive board may fill vacancies in its membership for the unexpired portion of any term.

(c) Subject to subsection (d) of this section, the declaration may provide for a period of declarant control of the association, during which a declarant, or persons designated by the declarant, may appoint and remove the officers and members of the executive board. Regardless of the period provided in the declaration, and except as provided in § 81-223(g) of this title, a period of declarant control terminates no later than the earlier of:

(i) Except as to a nonresidential common interest community, 60 days after conveyance of 75 percent of the units that may be created to unit owners other than a declarant;

(ii) As to units for residential purposes, 2 years after all declarants have ceased to offer units for residential purposes for sale in the ordinary course of business;

(iii) As to units for residential purposes, 2 years after any right to add new units for residential purposes was last exercised;

(iv) As to a common interest community other than a condominium or cooperative, at such time as may be required by other applicable laws; or

(v) As to nonresidential units in a common interest community that is subject to this chapter, 7 years after all declarants have ceased to offer nonresidential units for sale in the ordinary course of business;

(vi) As to nonresidential units in a common interest community that is subject to this chapter, 7 years after any right to add new nonresidential units was last exercised; or

(vii) The day the declarant, after giving written notice to unit owners, records an instrument voluntarily surrendering all rights to control activities of the association; or

(viii) As to a condominium or cooperative created before September 30, 2009, as provided in the declaration.

A declarant may voluntarily surrender the right to appoint and remove officers and members of the executive board before termination of that period, but in that event the declarant may require, for the duration of the period of declarant control, that specified actions of the association or executive board, as described in a recorded instrument executed by the declarant, be approved by the declarant before they become effective.

(d) Not later than 60 days after conveyance of 25 percent of the units that may be created to unit owners other than a declarant, at least 1 member and not less than 25 percent of the members of the executive board must be elected by unit owners other than the declarant. Not later than 60 days after conveyance of 50 percent of the units that may be created to unit owners other than a declarant, not less than 331/3 percent of the members of the executive board must be elected by unit owners other than the declarant.

(e) Except as otherwise provided in §§ 81-220(e) and 81-303(f) of this title, not later than the termination of any period of declarant control, the unit owners must elect an executive board of at least 3 members, at least a majority of whom must be unit owners. Unless the declaration provides for the election of officers by the unit owners, the executive board shall appoint the officers. The executive board members and officers shall take office upon election or appointment.

(f) The declaration may provide for the appointment of members of the executive board before or after the period of declarant control and the method of filling vacancies in appointed memberships, rather than election of those members by the unit owners. After the period of declarant control, such appointed members:

(i) Shall not be appointed by the declarant or an affiliate of the declarant;

(ii) Shall not comprise more than 33 percent of the entire board; and

(iii) Have no greater authority than any other member of the executive board.

(g) Not later than the termination of any period of declarant control, the declarant shall provide at its sole expense an audit of all expenditures made with funds collected from unit owners not affiliated with the declarant together with a list of all items paid for out of association funds that specifically benefited only the units owned by declarant and not the units generally. The audit shall be conducted by a certified public accountant that is not an affiliate of declarant.
25 Del. C. § 81-324 — Delaware Code / Title 25 / Chapter 81 / Subchapter III / Section 81-324
§ Â
        81-324. Adoption of budget.
Status: in_force

(a) The executive board shall, at least annually, prepare a proposed budget for the common interest community. In a condominium or cooperative, the proposed budget shall include a line item for any required funding of a repair and replacement reserve. Within 30 days after adoption of any proposed budget after the period of declarant control, the executive board shall provide to all unit owners a summary of the budget, including any reserves and a statement of the basis on which any reserves are calculated and funded. Simultaneously, the executive board shall set a date for a meeting of the unit owners to consider ratification of the budget not less than 14 nor more than 60 days after providing the summary. Unless at that meeting a majority of all unit owners or any larger vote specified in the declaration, voting in person or by proxy, reject the budget, the budget is ratified, whether or not a quorum is present. If a proposed periodic budget is rejected, the periodic budget last ratified by the unit owners must be continued until such time as the unit owners ratify a subsequent budget proposed by the executive board.

(b) In addition to adoption of its regular periodic budget, the executive board may at any time propose a budget which would require a special assessment against all the units. Except as provided in subsection (c) of this section, the special assessment is effective only if the executive board follows the procedures for ratification of a budget described in subsection (a) of this section and the unit owners do not reject that proposed special assessment.

(c) If the executive board determines by unanimous vote that the special assessment is necessary in order to respond to an emergency, then: (i) the special assessment shall become effective immediately in accordance with the terms of the vote; (ii) notice of the emergency assessment shall be promptly provided to all unit owners; and (iii) the executive board shall spend the funds paid on account of the emergency assessment solely for the purposes described in the vote.
25 Del. C. § 81-221 — Delaware Code / Title 25 / Chapter 81 / Subchapter II / Section 81-221
§ Â
        81-221. Merger or consolidation of common interest communities.
Status: in_force

(a) Any 2 or more common interest communities of the same form of ownership, by agreement of the unit owners as provided in subsection (b) of this section, may be merged or consolidated into a single common interest community. In the event of a merger or consolidation, unless the agreement otherwise provides, the resultant common interest community is the legal successor, for all purposes, of all of the pre-existing common interest communities, and the operations and activities of all associations of the pre-existing common interest communities are merged or consolidated into a single association that holds all powers, rights, obligations, assets, and liabilities of all preexisting associations.

(b) An agreement of 2 or more common interest communities to merge or consolidate pursuant to subsection (a) of this section must be evidenced by an agreement prepared, executed, recorded, and certified by the president of the association of each of the preexisting common interest communities following approval by owners of units to which are allocated the percentage of votes in each common interest community required to terminate that common interest community. The agreement must be recorded in every county in which a portion of the common interest community is located and is not effective until recorded.

(c) Every merger or consolidation agreement must provide for the reallocation of the allocated interests in the new association among the units of the resultant common interest community either:

(i) By stating the reallocations or the formulas upon which they are based or

(ii) By stating the percentage of overall allocated interests of the new common interest community which are allocated to all of the units comprising each of the preexisting common interest communities, and providing that the portion of the percentages allocated to each unit formerly comprising a part of the pre-existing common interest community must be equal to the percentages of allocated interests allocated to that unit by the declaration of the preexisting common interest community.
25 Del. C. § 7022C — Delaware Code / Title 25 / Chapter 70 / Subchapter II / Section 7022C
§ Â
        7022C. Recreational vehicle leases.
Status: in_force

No community owner may issue a lot lease for the rental of ground in a manufactured home community upon which a camper trailer, recreational vehicle, motor home, or similar vehicle or trailer is placed or shall be placed if the community owner knows or should know that the vehicle or trailer is likely to be used as the tenant’s primary residence. This prohibition does not apply to lot leases issued to tenants who are current residents in the community and for whom the vehicle or trailer in question is their primary residence.
25 Del. C. § 316 — Delaware Code / Title 25 / Chapter 3 / Section 316
§ Â
        316. Display of flags.
Status: in_force

No restriction shall be enforceable with respect to real property which prohibits or limits the ability of a property owner or tenant to display the flag of the United States of America on a pole attached to the exterior of the property’s building or structure within the owned or leased property’s boundaries or on a flagpole located within the owned or leased property’s boundaries, if the flagpole is installed prior to termination of any period of community developer control, provided such flag’s measurement does not exceed 3 feet by 5 feet and such flagpole installed by the owner does not exceed 25 feet in height and conforms to all setback requirements. Any such installed flagpole shall not be required to be removed after termination of community developer control.
25 Del. C. § 5508 — Delaware Code / Title 25 / Chapter 55 / Section 5508
§ Â
        5508. Landlord remedies; restrictions on subleasing and assignments.
Status: in_force

(a) Unless otherwise agreed in writing, the tenant may sublet the premises or assign the rental agreement to another.

(b) The rental agreement may restrict or prohibit the tenant’s right to assign the rental agreement in any manner. The rental agreement may restrict the tenant’s right to sublease the premises by conditioning such right on the landlord’s consent. Such consent shall not be unreasonably withheld.

(c) In any proceeding under this section to determine whether or not consent has been unreasonably withheld, the burden of showing reasonableness shall be on the landlord.
25 Del. C. § 1402 — Delaware Code / Title 25 / Chapter 14 / Section 1402
§ Â
        1402. Method of ascertaining value of trees removed.
Status: in_force

In the absence of a more accurate means of ascertaining the value of trees removed in a timber trespass, the court may accept that figure which shall be arrived at by accepting the diameters of the stumps of the severed trees measured inside the bark as the assumed diameter of the trees measured outside the bark at 41/4 feet above the ground and apply the values given for gross tree volume as published in U.S.D.A., Farmers Bulletin No. 1989, and the numerous privately published forestry publications which give board foot volume contents of timber trees based on the International Long Rule formula.
25 Del. C. § 732 — Delaware Code / Title 25 / Chapter 7 / Subchapter II / Section 732
§ Â
        732. Title upon sale; transfer of liens to proceeds.
Status: in_force

A purchase of the premises pursuant to the foregoing provisions of this subchapter shall pass to the purchaser of the premises all the estate and interest of the joint tenants, tenants in common or parceners or persons whether in esse or not in esse having an interest in remainder, reversion or expectancy, whether the interest is vested or contingent, free and discharged from all liens and encumbrances except liens and encumbrances as may be paramount to the title of the joint tenants, tenants in common or parceners or person of a class having an interest either in possession or in remainder, which class may be enlarged by the happenings of a future contingency. All liens and encumbrances on the estate or interest of any joint tenants, tenant in common or parcener or person of such class shall be without change or priority transferred to the interest or share of the joint tenant, tenant in common or parcener or person of such class in the proceeds of sale.
25 Del. C. § 2726 — Delaware Code / Title 25 / Chapter 27 / Subchapter II / Section 2726
§ Â
        2726. Mechanicsâ lien on ship or vessel; time for filing claim; procedure.
Status: in_force

This subchapter shall also extend to labor or materials performed or furnished in the construction, alteration, furnishing, rigging, launching or repairing of any ship or vessel within this State. No bill of particulars and affidavit shall be filed more than 1 year after such ship or vessel has been launched, rigged, furnished and ready for sea or after such repairs have been completed and shall contain the name of the ship or vessel or a description thereof sufficient for identification. Upon filing the bill of particulars and affidavit under the provisions of this section, the prothonotary may issue a writ of attachment, directed to the sheriff of the county in which the ship or vessel may be, commanding the sheriff to attach the defendant by such ship or vessel, together with the tackle, apparel and furniture, wheresoever the same may be found in the sheriff’s bailiwick, so that the defendant appears at the next term of the Superior Court to answer the plaintiff’s demands. The sheriff shall, under such writ, seize and take possession of the ship or vessel and have the same inventoried and appraised and shall be answerable therefor. If the defendant in the attachment at any time before judgment appears and enters into recognizance to the plaintiff in the writ of attachment in a reasonable penalty and with surety to be approved by the prothonotary with condition to pay the condemnation money and all costs or otherwise abide the judgment of the Superior Court in the case and if the defendant fails to make good the defendant’s plea, the attachment shall be dissolved, the ship or vessel shall be discharged, and the case shall proceed as in other cases of assumpsit for work and labor or materials furnished.
25 Del. C. § 4902 — Delaware Code / Title 25 / Chapter 49 / Section 4902
§ Â
        4902. Definitions.
Status: in_force

As used in this chapter, unless the context clearly requires otherwise, the following words shall have the following meaning:

(1) “Electronic mail” means communication delivered by electronic means as set forth in § 107(a)(1)a. and b. of Title 18.

(2) “Last known address” means that address provided by the occupant in the latest rental agreement or, subject to any requirements in the rental agreement, the address provided by the occupant in a subsequent written notice of a change of address.

(3) “Occupant” means a person, that person’s sublessee, successor or assign, entitled to the use of the storage space at a self-service storage facility under a rental agreement, to the exclusion of others.

(4) “Owner” means the owner, operator, lessor or sublessor of a self-service storage facility, such person’s agent or any other person authorized by the owner, operator, lessor or sublessor of a self-storage facility to manage the facility or to receive rent from an occupant under a rental agreement.

(5) “Personal property” means movable property not affixed to land and includes, but is not limited to, goods, merchandise and household items.

(6) “Rental agreement” means any written agreement or lease, that establishes or modifies the terms, conditions, rules or any other provisions concerning the use and occupancy of a self-service storage facility. A rental agreement may be delivered and accepted electronically.

(7) “Self-service storage facility” means any real property designed and used for the purpose of renting or leasing individual storage space to occupants who are to have access to such for the purpose of storing and removing personal property. No occupant shall use a self-service storage facility for residential purposes. A self-service storage facility is not a warehouse as used in Article 7 of Title 6. If an owner issues any warehouse receipt, bill of lading or other document of title for the personal property stored, the owner and the occupant are subject to Article 7 of Title 6, and this chapter does not apply.

(8) “Verified mail” means any method of mailing that is offered by the United States Postal Service or private delivery service that provides evidence of mailing.
25 Del. C. § 2242 — Delaware Code / Title 25 / Chapter 22 / Subchapter VIII / Section 2242
§ Â
        2242. Display of flags.
Status: in_force

Any unit owner shall have the right to display the flag of the United States of America, measuring up to 3 feet by 5 feet, on a pole located within the property’s boundaries or attached to the exterior wall of the unit or the common elements proximate to the unit, provided such display conforms with § 316 of this title. This right may not be impaired by any state or private regulation or by any agreement, covenant or restriction whatsoever, including removal of property from the provisions of this chapter under subchapter VI of this chapter.

Unit owners may effect regulations consistent with this section.
25 Del. C. § 5310 — Delaware Code / Title 25 / Chapter 53 / Section 5310
§ Â
        5310. âAssurance moneyâ prohibited.
Status: in_force

(a) In every transaction wherein an application is made by a prospective tenant to lease a dwelling unit, the prospective landlord or owner of the dwelling unit shall not ask for, nor receive, any “assurance money” or other payment which is not an application fee, security deposit, surety bond fee or premium, pet deposit or similar deposit reserving the dwelling unit for the prospective tenant for a time certain. The prospective landlord shall not charge the prospective tenant, as a fee for any credit or other type of investigation, any more than the specific cost of such investigation. For purposes of this section, “assurance money” shall mean any payment to the prospective landlord by a prospective tenant, except an application fee, a payment in the way of a security deposit, surety bond fee or premium, pet deposit or similar deposit reserving the dwelling unit for the prospective tenant for a time certain or the reimbursing of the specific sums expended by the landlord in credit or other investigations.

(b) Each landlord shall retain, for a period of 6 months, the records of each application made by any prospective tenant. Upon any complaint of a violation of this section, the Consumer Protection Unit of the Attorney General’s office shall investigate the same, shall interview tenants of the landlord and shall, under appropriate search warrant, have the right to investigate all records of the landlord pertaining to applications made within the preceding 6 months. If such investigation reveals good cause for the Attorney General’s office to believe there has been a violation of this section, the Attorney General’s office may issue such cease and desist orders in accordance with Chapter 25 of Title 29 as are required to remedy the violation.
25 Del. C. § 7111 — Delaware Code / Title 25 / Chapter 71 / Section 7111
§ Â
        7111. Tenants who are elderly or have disabilities.
Status: in_force

In addition to the protection provided to tenants under this chapter, the following provisions shall apply on behalf of any tenant who has a disability or who is 65 years of age or older:

(1) The owner shall supply a list of at least 3 comparable rental units, including manufactured home communities, which have vacancies and which can accommodate such person if such exists, subject, however, to the terms of § 7112(c) of this title;

(2) The owner shall supply the address and telephone number of the nearest municipal, state or federal agency which can provide information and assistance to such tenant under the National Housing Act [12 U.S.C. § 1701 et seq.] and the Uniform Relocation Assistance Act [§ 9301 et seq. of Title 29];

(3) Where the tenant remains on the premises at the expiration of the 3-year period, and has in good faith attempted to obtain adequate housing, such tenant shall be permitted to stay on the premises until permanent housing is obtained. Any increase in rent shall be in conformity with the terms of § 7110(d) of this title.
25 Del. C. § 749 — Delaware Code / Title 25 / Chapter 7 / Subchapter II / Section 749
§ Â
        749. Certified copy of record as evidence.
Status: in_force

A copy of any proceedings for partition had pursuant to this chapter, certified under the hand of the Register in Chancery of the county and the seal of the Court, shall be competent evidence of the proceedings therein stated in any court of law or equity.
25 Del. C. § 2601 — Delaware Code / Title 25 / Chapter 26 / Section 2601
§ Â
        2601. Short title [For application of this section, see 79 Del. Laws, c. 18, Ââ2].
Status: in_force

This chapter shall be known and may be cited as the “Commercial Real Estate Broker’s Lien Act.”
25 Del. C. § 2702 — Delaware Code / Title 25 / Chapter 27 / Subchapter I / Section 2702
§ Â
        2702. Persons entitled to obtain lien.
Status: in_force

(a) It shall be lawful for any person having performed or furnished labor or material, or both, to an amount exceeding $25 in or for the erection, alteration or repair of any structure, in pursuance of any contract, express or implied, with the owners of such structure or with the agent of such owner or with any contractor who has contracted for the erection, alteration or repair of the same and for the furnishing of the whole or any part of the materials therefor, including any person who has performed or furnished labor or material, or both, for or at such structure under a contract with or order from any subcontractor to obtain a lien upon such structure and upon the ground upon which the same may be situated or erected.

(b) Liens may also be obtained in connection with: labor performed and materials furnished in plumbing, gas fitting, paper hanging, paving, placing iron works and machinery of every kind in mills and factories, bridge building, the erection, construction and filling in of wharves, piers and docks and all improvements to land by drainage, dredging, filling in, irrigating and erecting banks and the services rendered and labor performed and materials furnished by architects.
25 Del. C. § 81-122 — Delaware Code / Title 25 / Chapter 81 / Subchapter I / Section 81-122
§ Â
        81-122. Applicability to nonresidential and mixed-use common interest communities.
Status: in_force

(a) Except as provided in subsection (e) of this section, this section applies only to nonresidential common interest communities.

(b) A nonresidential common interest community is not subject to this chapter unless the declaration otherwise provides.

(c) The declaration of a nonresidential common interest community may provide that the entire chapter applies to the community or that only certain identified sections apply.

(d) If the entire chapter applies to a nonresidential common interest community, the declaration may also require, subject to § 81-112 of this title (Unconscionable agreement or term of contract), that:

(1) Notwithstanding § 81-305 of this title (Termination of contracts and leases of declarant), any management contract, employment contract, lease of recreational or parking areas or facilities, and any other contract or lease between the association and a declarant or an affiliate of a declarant continues in force after the declarant turns over control of the association; and

(2) Notwithstanding § 81-104 of this title (Variation by agreement), purchasers of units must execute proxies, powers of attorney, or similar devices in favor of the declarant regarding particular matters enumerated in those instruments.

(e) A common interest community that contains units restricted exclusively to nonresidential purposes and other units that may be used for residential purposes is not subject to this chapter unless the units that may be used for residential purposes would comprise a common interest community in the absence of the nonresidential units or the declaration provides that this chapter applies as provided in subsection (c) or (d) of this section. Nothing herein shall prevent the establishment of a common interest community for residential purposes and a nonresidential common interest community for the same real estate.
25 Del. C. § 1305 — Delaware Code / Title 25 / Chapter 13 / Section 1305
§ Â
        1305. Judgment of fence-viewers; enforcement and penalty for noncompliance.
Status: in_force

If the fence-viewers judge any fence to be insufficient, they shall give notice thereof to the person bound to maintain the fence. If 1 of several persons so bound, upon such notice and request, neglects, for 5 days, to make that 1 person’s own part of the fence good, or pay that 1 person’s share of the same or of any partition fence before made, any justice of the peace may, on complaint, direct the party aggrieved to repair the fence, and the aggrieved party shall be reimbursed double the cost which the person, so neglecting to repair the same, was bound to pay or contribute.
25 Del. C. § 722 — Delaware Code / Title 25 / Chapter 7 / Subchapter II / Section 722
§ Â
        722. Service of summons.
Status: in_force

(a) If a party, named in the summons for partition cannot be found in the county, to be served personally, service may be made by leaving a copy of the summons at the usual place of abode of such party within the county at least 6 days before the return day thereof in the presence of an adult person, or, if such party has no known place of abode within the county and cannot be served personally, and such party’s appearance is not duly entered at the return of the summons, the Court shall make such further order for service of the summons as seems proper to it.

(b) In case it appears to the Court by the petition and affidavit or other proof at the hearing of the petition, that any persons interested in the proceedings other than the petitioners are nonresidents of the State and cannot be served personally with a summons in partition, an order may be made for the appearance of the nonresidents at a day to be fixed by the Court in order. The day fixed shall not be less than 2 weeks after the date of the order. The order shall likewise prescribe the manner of serving notice thereof on the nonresidents.
25 Del. C. § 5702 — Delaware Code / Title 25 / Chapter 57 / Section 5702
§ Â
        5702. Grounds for summary proceeding.
Status: in_force

Unless otherwise agreed in a written rental agreement, an action for summary possession may be maintained under this chapter because:

(1) The tenant unlawfully continues in possession of any part of the premises after the expiration of the rental agreement without the permission of the landlord or, where a new tenant is entitled to possession, without the permission of the new tenant;

(2) The tenant has wrongfully failed to pay the agreed rent;

(3) The tenant has wrongfully deducted money from the agreed rent;

(4) The tenant has breached a lawful obligation relating to the tenant’s use of the premises;

(5) The housing was supplied to the tenant employee by the landlord as part of the compensation for labor or services and 1 of the following has occurred:

a. The tenant employee’s employment has been terminated and the tenant employee holds over for more than 30 days after dismissal.

b. The tenant employee’s employment has been terminated for cause and the tenant-employee holds over for more than 15 days after dismissal.

(6) The tenant holds over for more than 5 days after the property has been duly sold upon the foreclosure of a mortgage and the title has been duly perfected;

(7) The rightful tenant of the rental unit has been wrongfully ousted;

(8) The tenant refuses to yield possession of the rental unit rendered partially or wholly unusable by fire or casualty, and the landlord requires possession for the purpose of effecting repairs of the damage;

(9) The tenant is convicted of a class A misdemeanor or any felony during the term of tenancy which caused or threatened to cause irreparable harm to any person or property;

(10) A rental agreement for a commercial rental unit provides grounds for an action for summary possession to be maintained;

(11) Or, if, and only if, it pertains to manufactured home lots, for any of the grounds set forth in the Manufactured Home Owners and Community Owners Act, as amended; or

(12) The tenant who is the sole tenant under the rental agreement has died and become the deceased sole tenant under the residential rental agreement.
25 Del. C. § 5106 — Delaware Code / Title 25 / Chapter 51 / Subchapter I / Section 5106
§ Â
        5106. Rental agreement; term and termination of rental agreement.
Status: in_force

(a) No rental agreement, unless in writing, shall be effective for a longer term than 1 year.

(b) Where no term is expressly provided, a rental agreement for premises shall be deemed and construed to be for a month-to-month term.

(c) Subject to the provisions of § 5512 of this title, the landlord may terminate any rental agreement, other than month-to-month agreements, by giving a minimum of 60 days’ written notice to the tenant prior to the expiration of the term of the rental agreement. The notice shall indicate that the agreement shall terminate upon its expiration date. A tenant may terminate a rental agreement by giving a minimum of 60 days’ written notice prior to the expiration of the term of the rental agreement that the agreement shall terminate upon its expiration date.

(d) Where the term of the rental agreement is month-to-month, the landlord or tenant may terminate the rental agreement by giving the other party a minimum of 60 days’ written notice, which 60-day period shall begin on the first day of the month following the day of actual notice.

(e) With regard to a tenant occupying a federally-subsidized housing unit, in the event of any conflict between the terms of this Code and the terms of any federal law, regulations or guidelines, the terms of the federal law, regulations or guidelines shall control.