25 Del. C. § 5116 — Delaware Code / Title 25 / Chapter 51 / Subchapter I / Section 5116
§ Â
        5116. Fair housing provisions [For application of this section, see 84 Del. Laws, c. 358, Â 4] [Effective Dec. 31, 2028].
Status: in_force

(a) No person, being an owner or agent of any real estate, house, apartment or other premises, may refuse or decline to rent, subrent, sublease, assign, or cancel any existing rental agreement to or of any tenant or any person by reason of race, creed, religion, marital status, color, sex, sexual orientation, gender identity, national origin, disability, age, source of income, occupation, military status, housing status, familial status, or any other basis protected under Chapter 46 of Title 6.

(b) No person may demand or receive a greater sum as rent for the use and occupancy of any premises because the person renting or desiring to rent the premises is of a particular race, creed, religion, marital status, color, sex, sexual orientation, gender identity, national origin, disability, age, source of income, occupation, military status, housing status, familial status, or any other basis protected under Chapter 46 of Title 6.

(c) In the event of discrimination under this section, the tenant may recover damages sustained as a result of the landlord’s action, including reasonable expenditures necessary to obtain adequate substitute housing.

(d) (1) Notwithstanding subsection (a) of this section relating to age discrimination, and consistent with the federal Fair Housing Act [42 U.S.C. § 3601 et seq.] and the Delaware Fair Housing Act, Chapter 46 of Title 6, a landlord may make rental units available exclusively for rental by senior citizens.

(2) A senior citizen rental unit under paragraph (d)(1) of this section must otherwise be available for rent solely to senior citizens, without regard to race, creed, religion, marital status, color, sex, sexual orientation, gender identity, national origin, disability, source of income, occupation, military status, housing status, familial status, or any other basis protected under Chapter 46 of Title 6.

(e) A landlord not be required to participate in any government-sponsored rental assistance program, voucher, or certificate system. A landlord’s nonparticipation in any government-sponsored rental assistance program, voucher, or certificate system may not serve as the basis for any administrative or judicial proceeding under this chapter.

(f) The prohibitions in this section against discrimination based on source of income shall not limit the ability of a landlord participating in any government sponsored rental assistance program, voucher, or certificate system from reserving rental units for tenants who qualify for such governmental program.

(g) The prohibitions in this chapter against discrimination based on source of income shall not limit the ability of any landlord or prospective landlord to consider the sufficiency or sustainability of income of, or the credit rating of, a tenant or prospective tenant, so long as sufficiency or sustainability of income, and the credit requirements, are applied in a commercially reasonable manner and without regard to source of income.

(h) A distinction or differential treatment on the basis of military status that is allowed by Delaware law or regulation, federal law or regulation, or government contract is not a violation of this section.(a) No person, being an owner or agent of any real estate, house, apartment or other premises, may refuse or decline to rent, subrent, sublease, assign, or cancel any existing rental agreement to or of any tenant or any person by reason of race, creed, religion, marital status, color, sex, sexual orientation, gender identity, national origin, disability, age, source of income, occupation, military status, housing status, familial status, or any other basis protected under Chapter 46 of Title 6.

(b) No person may demand or receive a greater sum as rent for the use and occupancy of any premises because the person renting or desiring to rent the premises is of a particular race, creed, religion, marital status, color, sex, sexual orientation, gender identity, national origin, disability, age, source of income, occupation, military status, housing status, familial status, or any other basis protected under Chapter 46 of Title 6.

(c) In the event of discrimination under this section, the tenant may recover damages sustained as a result of the landlord’s action, including reasonable expenditures necessary to obtain adequate substitute housing.

(d) (1) Notwithstanding subsection (a) of this section relating to age discrimination, and consistent with the federal Fair Housing Act [42 U.S.C. § 3601 et seq.] and the Delaware Fair Housing Act, Chapter 46 of Title 6, a landlord may make rental units available exclusively for rental by senior citizens.

(2) A senior citizen rental unit under paragraph (d)(1) of this section must otherwise be available for rent solely to senior citizens, without regard to race, creed, religion, marital status, color, sex, sexual orientation, gender identity, national origin, disability, source of income, occupation, military status, housing status, familial status, or any other basis protected under Chapter 46 of Title 6.

(e) (1) The public housing authorities must implement the standardized sequence of processing a request for tenancy approval recommended by the third-party consultant in the May 2024 report, “Alignment of Delaware Housing Choice Voucher Programs to Create Efficiencies and Increase Landlord Engagement,” prepared for the Delaware State Housing Authority.

(2) If a public housing authority fails to comply with the standardized sequence of processing a request for tenancy approval under paragraph (e)(1) of this section, a landlord may deny a rental application to ensure the reliable and timely supply of housing units.

(3) The denial of a rental application under paragraph (e)(2) of this section may not serve as the basis for any administrative or judicial proceeding under this chapter.

(f) The prohibitions in this section against discrimination based on source of income shall not limit the ability of a landlord participating in any government sponsored rental assistance program, voucher, or certificate system from reserving rental units for tenants who qualify for such governmental program.

(g) The prohibitions in this chapter against discrimination based on source of income shall not limit the ability of any landlord or prospective landlord to consider the sufficiency or sustainability of income of, or the credit rating of, a tenant or prospective tenant, so long as sufficiency or sustainability of income, and the credit requirements, are applied in a commercially reasonable manner and without regard to source of income.

(h) A distinction or differential treatment on the basis of military status that is allowed by Delaware law or regulation, federal law or regulation, or government contract is not a violation of this section.
25 Del. C. § 1609 — Delaware Code / Title 25 / Chapter 16 / Section 1609
§ Â
        1609. Voluntary cancellation by party recording the notice.
Status: in_force

At any time, the recorder of deeds shall cancel the notice of pendency and mark the indices accordingly upon written request, under oath, for such cancellation and upon payment of the proper fee by the party who recorded the notice, or by such party’s attorney of record. The written request shall be recorded.
25 Del. C. § 907 — Delaware Code / Title 25 / Chapter 9 / Section 907
§ Â
        907. Service of writ; judgment by default.
Status: in_force

A writ of waste shall be served in the same manner as a writ of dower. There shall be no process of pone or attachment; and if the writ is served and the defendant does not appear at the return, there shall be judgment by default, unless the court deems it proper to allow further time for the defendant’s appearance.
25 Del. C. § 7026 — Delaware Code / Title 25 / Chapter 70 / Subchapter IV / Section 7026
§ Â
        7026. Right of first offer; duty to negotiate in good faith, penalties for noncompliance.
Status: in_force

(a) If a community owner has decided to sell, transfer, or convey all or part of the community, the community owner and the homeowner association shall negotiate in good faith for the sale, transfer, or conveyance of the community to the homeowner association. If a party fails to negotiate in good faith, the court shall award reasonable attorneys’ fees to the prevailing party.

(b) If a community owner or a homeowner association fails to comply with any provision of this subchapter, either party has standing to seek equitable relief, including declaratory relief, injunctive relief, and the appointment of a receiver. The offending party is liable for actual damages. If a court of competent jurisdiction finds that the offending party wilfully and intentionally failed to comply with the requirements of this subchapter, it is a per se violation of the Consumer Fraud Statute, § 2511 et seq. of Title 6, and the aggrieved party may be entitled to recover treble damages. In any action under this section, the court may award reasonable attorneys’ fees and costs.

(c) Chapter 71 of this title does not apply to the sale, transfer, or conveyance of manufactured home communities under this section.
25 Del. C. § 745 — Delaware Code / Title 25 / Chapter 7 / Subchapter II / Section 745
§ Â
        745. Real estate in more than 1 county; appointment of freeholders; effect of recording in another county.
Status: in_force

(a) Where the real estate which is the subject of partition under this chapter lies in more than 1 of the counties of this State, the freeholders to make the partition may be selected from 1 county or from several counties, in the discretion of the Court. The Court shall order the part of the proceedings which relates to real estate in another county than that wherein the petition for partition is presented to be certified and recorded in the Court of Chancery in that county; and the record shall have all the effect of an original record.

(b) Satisfactions of the share or interest of parties entitled to the purchase money, secured by a recognizance entered into by the purchaser of lands in another county than that wherein the petition for partition is presented, entered upon the record of the county wherein the petition is presented by the county to which the proceedings are certified and recorded, shall be certified by the Clerk of the Court of Chancery of the other county noted on the record of the recognizance there, and the notation shall be considered as a satisfaction of the shares as though the satisfaction had been originally entered on the record of the county to which the proceeding is certified.
25 Del. C. § 502 — Delaware Code / Title 25 / Chapter 5 / Section 502
§ Â
        502. Release of powers of appointment [For application of this section, see 79 Del. Laws, c. 172, Ââ6].
Status: in_force

(a) Any power which is exercisable by deed, by will, by deed or will, or otherwise, whether general or nongeneral, other than a power in trust which is imperative, is releasable, either with or without consideration, by written instrument signed by the grantee and delivered as provided in this section.

(b) A power which is releasable may be released with respect to the whole or any part of the property subject to such power and may also be released in such manner as to reduce or limit the persons or objects, or classes of persons or objects, in whose favor such power would otherwise be exercisable. No release of a power shall be deemed to make imperative a power which was not imperative prior to such release, unless the instrument of release expressly so provides.

(c) A release of a power of appointment shall be effective upon delivery to any 1 of the following:

(1) Any person specified for such purpose in the instrument creating the power;

(2) Any trustee of the property to which the power relates;

(3) Any person, other than the grantee, who could be adversely affected by an exercise of the power;

(4) The recorder in any county and when so filed the recorder shall record the release in a separate docket, but any such release, recorded in any county record prior to April 7, 1947, shall be deemed to be sufficient delivery within the provisions of this section.

(d) This section shall apply to releases heretofore and hereafter executed, but nothing herein contained shall be deemed to affect the validity of any release heretofore executed.
25 Del. C. § 81-304 — Delaware Code / Title 25 / Chapter 81 / Subchapter III / Section 81-304
§ Â
        81-304. Transfer of special declarant rights.
Status: reserved

(a) A special declarant right created or reserved under this chapter may be transferred only by an instrument evidencing the transfer recorded in every county in which any portion of the common interest community is located. The instrument is not effective unless executed by the transferee.

(b) Upon transfer of any special declarant right, the liability of a transferor declarant is as follows:

(1) A transferor is not relieved of any obligation or liability arising before the transfer and remains liable for warranty obligations imposed upon the transferor by this chapter. Lack of privity does not deprive any unit owner of standing to maintain an action to enforce any obligation of the transferor.

(2) If a successor to any special declarant right is an affiliate of a declarant, the transferor is jointly and severally liable with the successor for any obligations or liabilities of the successor relating to the common interest community.

(3) If a transferor retains any special declarant rights, but transfers other special declarant rights to a successor who is not an affiliate of the declarant, the transferor is liable for any obligations or liabilities imposed on a declarant by this chapter or by the declaration relating to the retained special declarant rights and arising after the transfer.

(4) A transferor has no liability for any act or omission or any breach of a contractual or warranty obligation arising from the exercise of a special declarant right by a successor declarant who is not an affiliate of the transferor.

(c) Unless otherwise provided in a mortgage instrument, deed of trust, or other agreement creating a security interest, in case of foreclosure of a security interest, sale by a trustee under an agreement creating a security interest, tax sale, judicial sale, or sale under Bankruptcy Code [11 U.S.C. § 101 et seq.] or receivership proceedings, of any units owned by a declarant or real estate in a common interest community subject to development rights, a person acquiring title to all the property being foreclosed or sold, but only upon such person’s request, succeeds to all special declarant rights related to that property held by that declarant, or only to any rights reserved in the declaration pursuant to § 81-215 of this title and held by that declarant to maintain models, sales offices, and signs. The judgment or instrument conveying title must provide for transfer of only the special declarant rights requested.

(d) Upon foreclosure of a security interest, sale by a trustee under an agreement creating a security interest, tax sale, judicial sale, or sale under Bankruptcy Code [11 U.S.C. § 101 et seq.] or receivership proceedings, of all interests in a common interest community owned by a declarant:

(1) The declarant ceases to have any special declarant rights, and

(2) The period of declarant control (§ 81-303(d) of this title) terminates unless the judgment or instrument conveying title provides for transfer of all special declarant rights held by that declarant to a successor declarant.

(e) The liabilities and obligations of a person who succeeds to special declarant rights are as follows:

(1) A successor to any special declarant right who is an affiliate of a declarant is subject to all obligations and liabilities imposed on the transferor by this chapter or by the declaration.

(2) A successor to any special declarant right, other than a successor described in paragraph (e)(3) or (e)(4) of this section or a successor who is an affiliate of a declarant, is subject to the obligations and liabilities imposed by this chapter or the declaration:

(i) On a declarant which relate to the successor’s exercise or nonexercise of special declarant rights; or

(ii) On the successor’s transferor, other than:

(A) Misrepresentations by any previous declarant;

(B) Warranty obligations on improvements made by any previous declarant, or made before the common interest community was created;

(C) Breach of any fiduciary obligation by any previous declarant or that declarant’s appointees to the executive board; or

(D) Any liability or obligation imposed on the transferor as a result of the transferor’s acts or omissions after the transfer.

(3) A successor to only a right reserved in the declaration to maintain models, sales offices, and signs, may not exercise any other special declarant right, and is not subject to any liability or obligation as a declarant, except the obligation to provide a public offering statement and any liability arising as a result thereof.

(4) A successor to all special declarant rights held by a transferor who succeeded to those rights pursuant to a deed or other instrument of conveyance in lieu of foreclosure or a judgment or instrument conveying title under subsection (c) of this section, may declare in a recorded instrument the intention to hold those rights solely for transfer to another person. Thereafter, until transferring all special declarant rights to any person acquiring title to any unit or real estate subject to development rights owned by the successor, or until recording an instrument permitting exercise of all those rights, that successor may not exercise any of those rights other than any right held by that successor’s transferor to control the executive board in accordance with § 81-303(d) of this title for the duration of any period of declarant control, and any attempted exercise of those rights is void. So long as a successor declarant may not exercise special declarant rights under this subsection, the successor declarant is not subject to any liability or obligation as a declarant other than liability for that successor declarant’s acts and omissions under § 81-303(d) of this title.

(f) Nothing in this section subjects any successor to a special declarant right to any claims against or other obligations of a transferor declarant, other than claims and obligations arising under this chapter or the declaration.
25 Del. C. § 2116 — Delaware Code / Title 25 / Chapter 21 / Section 2116
§ Â
        2116. Reconveyance upon satisfaction or performance.
Status: in_force

When a debt or duty, secured by a mortgage, or conveyance in the nature of a mortgage is satisfied or performed, the person or corporation in whom the title under such mortgage or conveyance is, shall upon the reasonable request and at the proper cost of the mortgagor, that mortgagor’s heirs or assigns, execute and acknowledge a sufficient reconveyance of the premises contained in such mortgage, or conveyance in the nature of a mortgage.
25 Del. C. § 903 — Delaware Code / Title 25 / Chapter 9 / Section 903
§ Â
        903. Liability of husband or assignee of tenant.
Status: in_force

If the husband of a tenant in dower or for life, or if an assignee of such tenant, commits waste, he shall continue liable to an action of waste, notwithstanding the decease of his wife.
25 Del. C. § 81-326 — Delaware Code / Title 25 / Chapter 81 / Subchapter III / Section 81-326
§ Â
        81-326. Delaware corporations.
Status: in_force

Any association that is a Delaware corporation shall also be subject to the Title 8, which shall govern and control to the extent not inconsistent with this chapter.
25 Del. C. § 910 — Delaware Code / Title 25 / Chapter 9 / Section 910
§ Â
        910. Writ of estrepement.
Status: in_force

During the pendency of an action of ejectment or of an action of waste to recover the place wasted, the court in which the action is pending may award a writ of estrepement to prevent waste being committed on the premises which are the subject of such action.
25 Del. C. § 218 — Delaware Code / Title 25 / Chapter 2 / Section 218
§ Â
        218. Form for notice of death of transferor; filing of transferorâs death certificate; beneficiary right to obtain transferorâs death certificate; executor or administrator inventorying of and access to property transferred by transfer on death deed; failure to file not invalidating.
Status: in_force

(a) A Register of Wills may adopt a form to be used by a beneficiary to provide notice of the death of a transferor whose property has transferred to the beneficiary by transfer on death deed.

(b) A beneficiary may present a transferor’s death certificate to a Register of Wills for filing with a form adopted under subsection (a) of this section or for filing to otherwise establish a transferor’s death.

(c) Notwithstanding the general prohibition of disclosure of a death certificate under § 3110 of Title 16, and consistent with the allowance for disclosure of protected health information when provided by statute under § 1212(a) of Title 16, the Office of Vital Statistics shall provide to a beneficiary a certified copy of a transferor’s death certificate.

(d) If a probate estate is opened with a Register of Wills for the transferor, property transferred to a beneficiary by transfer on death deed must be inventoried in accordance with § 1905 of Title 12. If a probate estate is not opened for the transferor, an inventory form does not need to be filed with a Register of Wills.

(e) By and through letters testamentary or of administration, the person designated as an executor or administrator shall have authority to access and safeguard personal property of the transferor held by the transferor at the time of death on real property titled in the transferor’s own name transferred at the transferor’s death by transfer on death deed.

(f) A valid transfer on death deed transfers the real property immediately on the transferor’s death. Failure to file a notice form, death certificate, or inventory form under this section does not invalidate an otherwise valid transfer on death deed.
25 Del. C. § 5412 — Delaware Code / Title 25 / Chapter 54 / Section 5412
§ Â
        5412. Reports [For implementation of this section, see 85 Del. Laws, c. 98, Â 5(2)].
Status: in_force

(a) Beginning after [the implementation date under 85 Del. Laws, c. 98, § 5(2)], the Department shall create an annual report with the following information:

(1) The total number of certificates filed with the Department.

(2) The number of certificate deferrals issued by the Department and the basis for the deferrals.

(3) The number of certificate deferral requests that were denied and the reason for the denials.

(4) Any violations or civil penalties issued by the Department under this chapter.

(5) The number of inspections that disclosed a lead-based paint hazard.

(b) The Department shall submit the annual report under subsection (a) of this section to the Governor, the General Assembly, and the Director and the Librarian of the Division of Research of Legislative Council not later than January 1.
25 Del. C. § 4502 — Delaware Code / Title 25 / Chapter 45 / Section 4502
§ Â
        4502. Duration of lien.
Status: in_force

The lien for water rents shall remain a lien for the period of 5 years and no longer from the expiration of 30 days after the water rents became due and payable.
25 Del. C. § 1613 — Delaware Code / Title 25 / Chapter 16 / Section 1613
§ Â
        1613. Recording and marginal notation of judgment or stipulation of dismissal.
Status: in_force

Whenever a stipulation of dismissal is filed, or whenever a final judgment entered is no longer appealable, notice of the pendency of which action has been filed in the office of the recorder of deeds, the party who filed the notice of pendency shall cause a certified copy of the order of final judgment or a copy of the stipulation to be recorded in the office of the recorder of deeds. Upon payment of the proper fee, the recorder of deeds shall record the order or stipulation and mark the indices accordingly. If the party who filed the notice of pendency fails or refuses to file a certified copy of the final order or stipulation of dismissal, any party aggrieved by the filing of the notice may cause the order or stipulation to be filed.
25 Del. C. § 157 — Delaware Code / Title 25 / Chapter 1 / Subchapter III / Section 157
§ Â
        157. Potter charity leases.
Status: in_force

The record or duly certified copies, heretofore made by authority of law, or which are hereafter made by order of the Court of Chancery, of any and every lease of any portion of the lands, tenements or hereditaments situated in Kent or Sussex Counties, which were devised by Benjamin Potter, deceased, to certain charitable uses, shall be competent evidence in the courts of this State. The fee for recording any such lease or certifying the record thereof by any register in chancery shall be the same as fixed by law, to be paid to the recorder of deeds for like services.
25 Del. C. § 5906 — Delaware Code / Title 25 / Chapter 59 / Section 5906
§ Â
        5906. Powers and duties of the receiver.
Status: in_force

The receiver shall have all the powers and duties accorded a receiver foreclosing a mortgage on real property and all other powers and duties deemed necessary by the Court. Such powers and duties shall include, but are not necessarily limited to, collecting and using all rents and profits of the property, prior to and despite any assignment of rent, for the purposes of:

(1) Correcting the condition or conditions alleged in the petition;

(2) Materially complying with all applicable provisions of any state or local statute, code, regulation or ordinance governing the maintenance, construction, use or appearance of the building and surrounding grounds;

(3) Paying all expenses reasonably necessary to the proper operation and management of the property including insurance, mortgage payments, taxes and assessments and fees for the services of the receiver and any agent the receiver should hire;

(4) Compensating the tenants for whatever deprivation of their rental agreement rights resulted from the condition or conditions alleged in the petition; and

(5) Paying the costs of the receivership proceeding.
25 Del. C. § 305 — Delaware Code / Title 25 / Chapter 3 / Section 305
§ Â
        305. Deeds by foreign corporations; recording as evidence; ownership rights.
Status: in_force

All deeds to lands in Delaware executed and delivered by corporations created by and existing under the laws of the states and territories of the United States of America, other than Delaware, or created by and existing under the laws of any foreign state or nation, are made valid and effective to convey the fee simple or other estate purported to be conveyed in such deeds, with the same force and effect as if the corporation grantor had been a corporation lawfully created by and existing under the laws of this State. Such deeds, when recorded, or any office copy thereof, shall be admitted as evidence in all courts of this State, and shall be valid and conclusive evidence, with the same force and effect as if such deeds had been properly executed, acknowledged and delivered by corporations created by and existing under the laws of this State. A foreign corporation owning lands in Delaware may exercise all rights and privileges of ownership to the same extent as if such corporation were a corporation lawfully created by and existing under the laws of this State.
25 Del. C. § 310 — Delaware Code / Title 25 / Chapter 3 / Section 310
§ Â
        310. Release of rights of curtesy or dower.
Status: in_force

A married man may relinquish or release to his wife his right of curtesy in any real estate whereof his wife is seized of an estate of inheritance, and a married woman may relinquish or release to her husband her right of dower in any real estate whereof her husband is seized of an estate of inheritance, by deed duly executed and acknowledged, in the manner provided by law for deeds to be recorded, or by deed conveying such estate of inheritance in the real estate by the husband to the wife, or by the wife to the husband, wherein the husband’s right of curtesy or the wife’s right of dower is specifically relinquished or released and thereafter the real estate may be conveyed, encumbered, devised, or otherwise disposed of, and shall descend free and clear of any such right or estate of curtesy or dower, but the real estate may descend to the husband or wife, as the case may be, in case of the death of the wife or husband intestate, in accordance with law, notwithstanding such relinquishment or release.
25 Del. C. § 6723 — Delaware Code / Title 25 / Chapter 67 / Subchapter II / Section 6723
§ Â
        6723. Assignment of farm leases.
Status: in_force

A lease of land on shares, including the use of buildings, farm implements, stock and other personal property, is a personal contract and is not assignable without the consent of the lessor; provided, however, where the original lease runs “to the lessee and that lessee’s assigns,” or where the crop has been harvested and marketed, the lease shall be assignable.
25 Del. C. § 302 — Delaware Code / Title 25 / Chapter 3 / Section 302
§ Â
        302. Bar of estate tail by deed.
Status: in_force

A person having a legal or equitable estate or right in fee tail in possession, remainder or reversion, in any lands, tenements or hereditaments may alien the lands, tenements or hereditaments, in fee simple, or for other less estate, by deed, in the same manner and as effectually as if such estate or right were in fee simple. The deed of alienation in fee simple of any person, of any lands, tenements or hereditaments shall have the same effect and operation for barring all estate tail and other interests in the lands, tenements or hereditaments, as such persons being a party cognizor to a fine in due manner levied, or party vouchee to a common recovery with a double voucher in due manner suffered, of the lands, tenements or hereditaments. No deed shall avail within either of these provisions, unless it is duly acknowledged or proved according to law, or unless it would be a valid and lawful deed sufficient to pass the premises, if the maker were seized of the premises in fee simple.
25 Del. C. § 734 — Delaware Code / Title 25 / Chapter 7 / Subchapter II / Section 734
§ Â
        734. Sales upon credit; purchase money security; preference of mortgage.
Status: in_force

The Court may, in its discretion, direct that sales made under this subchapter, be made upon credit, either as to the whole or a part of the purchase money, the payment of the purchase money to be at such time and to be secured in such manner as the Court in the order of sale prescribes, or in the order of confirmation directs. The Court may order and direct all such acts and proceedings touching the execution of a deed to the purchaser and the securing, collection and distribution of the purchase money, as it deems necessary. If the purchase money, or a part thereof, is secured by the mortgage of the purchaser and the mortgage is recorded within 30 days after the date of the mortgage, the mortgage shall have preference to any judgment against the purchaser or any other lien created or suffered by that purchaser, although such judgment or other lien be of a date prior to the mortgage.
25 Del. C. § 317A — Delaware Code / Title 25 / Chapter 3 / Section 317A
§ Â
        317A. Required disclosure of financial obligations in chain of title for new home sales.
Status: in_force

(a) On or before the date that the contract of sale of a new home is delivered to the buyer, the seller shall deliver to the buyer:

(1) A copy of all documents in the chain of title that create any financial obligation for the buyer; and

(2) A written summary of all financial obligations created by documents in the chain of title.

(b) At the time the seller delivers the documents required by subsection (a) of this section, the seller shall obtain from the buyer a written acknowledgement that the buyer received those documents.

(c) The Attorney General may enforce a violation of this section as a violation of consumer law under Chapter 25 of Title 6.

(d) This section does not apply to transactions in which the seller has provided to the buyer either a public offering statement that includes the information required by § 81-403(a)(4) and (16) of this title, or a resale certificate form, under Chapter 81 of this title, known as the Delaware Uniform Common Interest Ownership Act, or to a disposition that is exempt under § 81-401 of this title.

(e) The Delaware Real Estate Commission (DREC) shall modify or amend existing disclosure forms, or create forms as necessary, to ensure the timely and consistent delivery of financial information to the seller pursuant to subsection (a) of this section. The DREC shall have these forms modified, amended, or created by January 1, 2011.
25 Del. C. § 2224 — Delaware Code / Title 25 / Chapter 22 / Subchapter V / Section 2224
§ Â
        2224. Instruments recordable.
Status: in_force

All instruments relating to the property or any unit, including the instruments provided for in this chapter, shall be entitled to be recorded, provided that they are acknowledged in the manner provided by law.
25 Del. C. § 81-222 — Delaware Code / Title 25 / Chapter 81 / Subchapter II / Section 81-222
§ Â
        81-222. Addition of unspecified real estate.
Status: reserved

In a planned community, if the right is originally reserved in the declaration, the declarant in addition to any other development right, may amend the declaration at any time during as many years as are specified in the declaration for adding additional real estate to the planned community without describing the location of that real estate in the original declaration; but, the amount of real estate added to the planned community pursuant to this section may not exceed 10 percent of the real estate described in § 81-205(a)(3) of this title and the declarant may not in any event increase the number of units in the planned community beyond the number stated in the original declaration pursuant to § 81-205(a)(5) of this title.
25 Del. C. § 7024 — Delaware Code / Title 25 / Chapter 70 / Subchapter III / Section 7024
§ Â
        7024. Termination or nonrenewal of rental agreement by landlord; due cause; change in land use.
Status: in_force

(a) A landlord may terminate a rental agreement for a lot in a manufactured home community before it expires or may refuse to renew an agreement only for due cause. “Due cause” means any of the following:

(1) An intended change in the use of the land of a manufactured home community under subsection (b) of this section.

(2) The grounds for termination under § 7016 of this title.

(b) If a change is intended in good faith in the use of land on which a manufactured home community or a portion of a manufactured home community is located and the landlord intends to terminate or not renew a rental agreement, the landlord shall do all of the following:

(1) Provide all tenants affected with at least a 1-year termination or nonrenewal notice, which informs the tenants of the intended change of use and of their need to secure another location for their manufactured homes. The landlord may not increase the lot rental amount of an affected tenant after giving notice of a change in use.

(2) Give all notice required by this section in writing. All notice must be posted on the affected tenant’s manufactured home and sent to the affected tenant by certified mail, return receipt requested, addressed to the tenant at an address specified in the rental agreement or at the tenant’s last known address if an address is not specified in the rental agreement.

(3) Provide, along with the 1-year notice required by paragraph (b)(1) of this section, a relocation plan (Plan) to each affected tenant of the manufactured home community. The Plan must be written in a straightforward and easily comprehendible manner and include all of the following:

a. The location, telephone number, and contact person of other manufactured home communities, known to the landlord after reasonable effort, within a 25-mile radius of the manufactured home community where the change of land use is intended.

b. The location, telephone number, and contact person of housing for tenants with disabilities and for older tenants, known to the landlord after reasonable effort, within a 25-mile radius of the manufactured home community where the change of land use is intended.

c. A listing, known to the landlord after reasonable effort, of government and community agencies available to assist tenants with disabilities and older tenants.

d. A basic description of relocation and abandonment procedures and requirements.

e. A preliminary indication of whether a tenant’s manufactured home can or cannot be relocated.

f. A copy of this section of the Code.

(4) Submit the Plan to the Delaware Manufactured Home Relocation Authority at the same time that the Plan is submitted to the affected tenants.

(5) Update the Plan and distribute the updated Plan every 3 months. If the landlord fails to provide a quarterly update to each affected tenant and to the Authority, the date of termination of the tenant’s rental agreement will be extended by 1 month for each omitted quarterly update.

(6) During the relocation process observe and comply with all federal, state, and local laws relating to older tenants and tenants with disabilities.

(c) If a manufactured home community owner does not in good faith intend to change the land use of the community, yet provides a homeowner or tenant with a termination or nonrenewal notice pursuant to subsection (b) of this section, the community owner has committed the act of misrepresentation with intent to deceive the homeowner or tenant.

(1) A violation of this subsection is subject to all of the following civil penalties:

a. A cease and desist order.

b. Payment of a monetary penalty of not more than $250 for each violation.

c. Restitution.

d. Such other relief as is reasonable and appropriate.

e. Double the monetary penalty if the homeowner or tenant is over 65 years old.

(2) Prima facie evidence that a community owner did not intend in good faith to change land use includes evidence that the community owner reused the land for lot rentals for manufactured homes within 7 years of providing a tenant with a termination or nonrenewal notice, and did not make a material and bonafide effort to change the subdivision plan or zoning designation, or both.

(3) A court may award attorneys’ fees and costs to a homeowner if it determines that the community owner violated this section.

(d) If a landlord has given the required notice to a tenant and has fulfilled all other requirements of this subchapter, the failure of the Authority to perform its duties or authorize payments does not prevent the landlord from completing the change in use of land.
25 Del. C. § 2613 — Delaware Code / Title 25 / Chapter 26 / Section 2613
§ Â
        2613. Release or satisfaction of lien [For application of this section, see 79 Del. Laws, c. 18, Ââ2].
Status: in_force

(a) Whenever a notice of lien has been filed and a condition occurs that in good faith would preclude the broker from receiving compensation under the terms of the brokerage agreement, the broker shall provide to the record owner of the commercial real estate and the person who would have been liable for such payment, a written release or satisfaction of the broker’s lien.

(b) The record owner, the person liable for payment to the broker pursuant to the brokerage agreement, or the holder of any lien against the commercial real estate may serve a demand on the broker who filed the affidavit and notice of broker’s lien requiring that suit be commenced to enforce the broker’s lien, a suit shall be commenced as provided in this chapter within 20 days, or the broker’s lien shall be deemed released and satisfied. Service of such demand shall be in the manner required for the service of a summons and complaint under the Rules of Civil Procedure of the Superior Court.

(c) Whenever a claim is paid for which an affidavit and notice of broker’s lien has been timely filed, or where there is failure to institute a suit to enforce the broker’s lien within the times provided by this chapter, or if the affidavit and notice of lien has not been continued as provided in this chapter, the broker’s lien shall be deemed released and satisfied and the broker shall file a satisfaction and release as provided in this chapter with the office of the recorder of deeds where the affidavit and notice of broker’s lien is filed and acknowledge release and satisfaction of the broker’s lien, in writing, on written demand of the record owner or the person who was liable for the payment pursuant to the brokerage agreement.

(d) A Delaware lawyer representing a party in a real estate settlement may require a broker who has been paid the full compensation due at settlement to execute a release or estoppels affidavit stating that no lien has been filed for the compensation that has been paid, no lien will be filed, and if a notice of lien was filed, that the broker authorizes the filing of a written release or satisfaction of the lien by the settlement attorney. Such release, whether signed by the broker or an associate broker or salesperson licensed under the broker, is binding upon the broker and brokerage organization and may be relied upon by the parties and title insurance company.
25 Del. C. § 5517 — Delaware Code / Title 25 / Chapter 55 / Section 5517
§ Â
        5517. Preference of rent in cases of execution.
Status: in_force

Liability of goods levied upon for 1 year’s rent:

(1) If goods, chattels or crops of a tenant being upon premises held by the tenant by demise under a rent of money are seized by virtue of any process of execution, attachment or sequestration, the goods and chattels shall be liable for 1 year’s rent of the premises in arrear, or growing due, at the time of the seizure, in preference to such process; accordingly the landlord shall be paid such rent, not exceeding 1 year’s rent, out of the proceeds of the sale of such goods and chattels, before anything shall be applicable to such process.

(2) The sheriff, or other officer, who sells the goods and chattels of a tenant upon process of execution, attachment or sequestration shall at least 10 days before such sale give written notice of the time and place thereof to the landlord, if residing in the county, and if not, to any known agent of the landlord in the county.
25 Del. C. § 5704A — Delaware Code / Title 25 / Chapter 57 / Section 5704A
§ Â
        5704A. Additional documentation relating to lead-based paint hazards [For implementation of this section, see 85 Del. Laws, c. 98, Â 5(2)].
Status: in_force

(a) When filing a complaint for possession, the landlord must provide documentation to the court demonstrating that the property is in compliance with Chapter 54 of this title, relating to lead-based paint hazards.

(b) If the reason for the complaint is because the tenant will not provide reasonable access to the property so that the landlord may comply with Chapter 54 of this title, then documentation under subsection (a) of this section is not required.
25 Del. C. § 2113 — Delaware Code / Title 25 / Chapter 21 / Section 2113
§ Â
        2113. Effect of entry of satisfaction.
Status: in_force

An entry of satisfaction or performance made in accordance with this chapter shall extinguish the mortgage or conveyance, and the effect shall be the same as if such mortgage or conveyance had not been made.
25 Del. C. § 5111 — Delaware Code / Title 25 / Chapter 51 / Subchapter I / Section 5111
§ Â
        5111. Attorneysâ fees prohibited.
Status: in_force

No provision in a rental agreement providing for the recovery of attorneys’ fees by either party in any suit, action or proceeding arising from the tenancy shall be enforceable.
25 Del. C. § 81-206 — Delaware Code / Title 25 / Chapter 81 / Subchapter II / Section 81-206
§ Â
        81-206. Leasehold common interest communities.
Status: in_force

(a) Any lease the expiration or termination of which may terminate the common interest community or reduce its size must be referenced in the declaration. Every lessor of those leases in a condominium or planned community shall sign the declaration. The declaration must state:

(1) The recording data for the lease;

(2) The date on which the lease is scheduled to expire;

(3) A legally sufficient description of the real estate subject to the lease;

(4) Any right of the unit owners to redeem the reversion and the manner whereby those rights may be exercised, or a statement that they do not have those rights;

(5) Any right of the unit owners to remove any improvements within a reasonable time after the expiration or termination of the lease, or a statement that they do not have those rights; and

(6) Any rights of the unit owners to renew the lease and the conditions of any renewal, or a statement that they do not have those rights.

(b) After the declaration for a leasehold condominium or leasehold planned community is recorded, neither the lessor nor the lessor’s successor in interest may terminate the leasehold interest of a unit owner who makes timely payment of a unit owner’s share of the rent and otherwise complies with all covenants which, if violated, would entitle the lessor to terminate the lease. A unit owner’s leasehold interest in a condominium or planned community is not affected by failure of any other person to pay rent or fulfill any other covenant.

(c) Acquisition of the leasehold interest of any unit owner by the owner of the reversion or remainder does not merge the leasehold and fee simple interests unless the leasehold interests of all unit owners subject to that reversion or remainder are acquired.

(d) If the expiration or termination of a lease decreases the number of units in a common interest community, the allocated interests must be reallocated in accordance with § 81-107(a) of this title as if those units had been taken by eminent domain. Reallocations must be confirmed by an amendment to the declaration prepared, executed, and recorded by the association.
25 Del. C. § 301 — Delaware Code / Title 25 / Chapter 3 / Section 301
§ Â
        301. Fines and common recoveries.
Status: in_force

All fines and common recoveries levied and suffered within this State, in pursuance of or according to the common or statute laws of England, in the Superior Court of the county wherein the lands, tenements or hereditaments entailed lie shall be as good in law, to bar estates so entailed, as fines and common recoveries of lands, tenements or hereditaments levied, or suffered, in England are. Any heir at law or other person claiming any right in the lands, tenements or hereditaments may, either by appeal or writ of error, reverse such fines or recoveries for any errors in levying or suffering the fines or recoveries.
25 Del. C. § 81-405 — Delaware Code / Title 25 / Chapter 81 / Subchapter IV / Section 81-405
§ Â
        81-405. Time shares.
Status: in_force

(a) If the declaration provides that ownership or occupancy of any units, is or may be in time shares, the public offering statement shall disclose, in addition to the information required by § 81-403 of this title:

(1) The number and identity of units in which time shares may be created;

(2) The total number of time shares that may be created;

(3) The minimum duration of any time shares that may be created; and

(4) The extent to which the creation of time shares will or may affect the enforceability of the association’s lien for assessments provided in § 81-316 of this title.

(b) Any common interest community that is in time shares shall also be governed by Chapter 28 of Title 6, to the extent applicable.
25 Del. C. § 1608 — Delaware Code / Title 25 / Chapter 16 / Section 1608
§ Â
        1608. Discretionary cancellation; hearing on probability of success on the merits.
Status: in_force

The court, upon motion, supported by affidavit or affidavits, of any party aggrieved, may direct any recorder of deeds to cancel a notice of pendency and mark the indices accordingly if the court determines that there is not a probability that final judgment will be entered in favor of the party recording the notice of pendency. The party recording the notice of pendency shall bear the burden of establishing such probability. The court may order oral argument on the motion. No discovery on such motion shall be permitted unless so ordered by the court. The order of the court on the motion may contain such conditions as the court deems just and proper.
25 Del. C. § 5905 — Delaware Code / Title 25 / Chapter 59 / Section 5905
§ Â
        5905. Receivership procedures.
Status: in_force

The receiver shall be the Division of Consumer Protection of the State or its successor agency.

(1) Upon its appointment, the receiver must make within 15 days an independent finding whether there is proper cause shown for the need for rent to be paid to it and for the employment of a private contractor to correct the condition complained of in § 5901 of this title and found by the Court to exist.

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

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

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

(5) If the receiver shall make a finding at such time or any other time that for any reason the appointment of a receiver is not appropriate, it shall be discharged upon notification of the Court and all interested parties and shall make legal distribution of any funds in its possession.
25 Del. C. § 5113 — Delaware Code / Title 25 / Chapter 51 / Subchapter I / Section 5113
§ Â
        5113. Service of notices or pleadings and process.
Status: in_force

(a) Any notice or service of process required by this Code shall be served either personally upon the tenant or landlord or upon the tenant by leaving a copy thereof at the person’s rental unit or usual place of abode with an adult person residing therein; and upon the landlord by leaving a copy thereof at the landlord’s address as set forth in the lease or as otherwise provided by landlord with an adult person residing therein, or with an agent or other person in the employ of the landlord whose responsibility it is to accept such notice. If the landlord is an artificial entity, pursuant to Sup. Ct. R. 57, service of the notice or process may be made by leaving a copy thereof at its office or place of business as set forth in the lease with an agent authorized by appointment or by law to receive service of process.

(b) In lieu of personal service or service by copy of the notice or process required by this Code, a copy of such notice or process may be sent by registered or certified mail or first-class mail as evidenced by a certificate of mailing postage-prepaid, addressed to the tenant at the leased premises, or to the landlord at the landlord’s business address as set forth in the lease or as otherwise provided by landlord, or if the landlord is an artificial entity, pursuant to Sup. Ct. R. 57, at its office or place of business. The return receipt of the notice, whether signed, refused or unclaimed, sent by registered or certified mail, or the certificate of mailing if sent by first-class mail, shall be held and considered to be prima facie evidence of the service of the notice or process.

(c) In the alternative, service of notice or process may also be obtained by 1 of the following 2 alternatives:

(1) Posting of the notice on the rental unit, when combined with a return receipt or certificate of mailing; or

(2) Personal service by a special process-server appointed by the Court.
25 Del. C. § 81-203 — Delaware Code / Title 25 / Chapter 81 / Subchapter II / Section 81-203
§ Â
        81-203. Construction and validity of declaration and bylaws.
Status: in_force

(a) All provisions of the declaration and bylaws are severable.

(b) The rule against perpetuities does not apply to defeat any provision of the declaration, bylaws or rules.

(c) In the event of a conflict between the provisions of the declaration and the bylaws, the declaration prevails.

(d) Title to a unit and common elements is not rendered unmarketable or otherwise affected by reason of an insubstantial failure of the declaration to comply with this chapter. Whether a substantial failure impairs marketability is not affected by this chapter.
25 Del. C. § 303 — Delaware Code / Title 25 / Chapter 3 / Section 303
§ Â
        303. Warranty by life tenant and collateral warranty.
Status: in_force

A warranty made by a tenant for life shall not, by descending or coming to a person in remainder or reversion, bar or affect that tenant’s title. A collateral warranty shall not in any case bar or affect a title not derived from the person making such warranty.
25 Del. C. § 7047 — Delaware Code / Title 25 / Chapter 70 / Subchapter V / Section 7047
§ Â
        7047. Landlord disclosure obligations.
Status: in_force

All landlords must provide the following information to DEMHRA by May 1, 2025, and thereafter all landlords must provide the following information to DEMHRA within 60 days of taking ownership, possession, or control of a manufactured housing community:

(1) The name, address, and telephone number of the manager or other local representative of the manufactured home community.

(2) The name, address, and telephone number of the owner of the manufactured home community.

(3) If the manufactured home community is owned by a corporate entity, the name, address, and telephone number of a corporate representative for that corporate entity.
25 Del. C. § 1603 — Delaware Code / Title 25 / Chapter 16 / Section 1603
§ Â
        1603. Filed notice of pendency; effect as to persons claiming interest in real estate identified in notice of pendency.
Status: in_force

(a) The recording of a notice of pendency shall be notice to any person acquiring an interest in the real property identified in the notice from or through any party named in the notice from the time of the recording of the notice. Any person claiming an interest in the real property which is the subject of the notice of pendency is bound by all proceedings taken in the action after such recording and until cancellation or discharge to the same extent as if such person were a party.

(b) Unless and until a notice of pendency is filed as provided by this chapter, no action shall, before final judgment is entered therein, be deemed to be constructive notice to a person acquiring or having acquired a lien on or any other interest in the affected real estate.
25 Del. C. § 6710 — Delaware Code / Title 25 / Chapter 67 / Subchapter I / Section 6710
§ Â
        6710. Rent payable with portion of grain or produce.
Status: in_force

In all cases where land shall be rendered in consideration of the rendering of a portion of the crops raised upon the same, or for a specific amount of grain or other produce, and the tenant shall fail to render such grain or produce according to the terms of the contract, the landlord may levy a distress for the same.
25 Del. C. § 4003 — Delaware Code / Title 25 / Chapter 40 / Section 4003
§ Â
        4003. Procedure to obtain title.
Status: in_force

(a) Any person who holds, stores, safekeeps or otherwise is left with possession of any abandoned personal property may be vested with complete right and title to said abandoned personal property upon application to a court of competent jurisdiction. The petition filed pursuant to this subsection shall be executed under oath and penalty of perjury and shall include the following:

(1) A complete description of the property including all identification and registration numbers if applicable;

(2) The name and last known address of the owner or owners of the property;

(3) The names and addresses of any persons who claim to or have an interest or lien in the subject property;

(4) A statement that the petitioner has conducted a lien search concerning the subject property for any liens filed with the Delaware Secretary of State and, if applicable, that the petitioner has conducted a title and lien search with the Division of Motor Vehicles concerning any lienholders that may have an interest in any motor vehicle, and the reports of the Secretary of State and the Division of Motor Vehicles resulting from the searches shall be attached to the petition;

(5) If a motor vehicle, a statement that the petitioner has had the vehicle examined and approved for sale by the auto theft unit or a civilian auto theft technician of the Delaware State Police;

(6) A statement of the value of the subject property; and

(7) A statement by the petitioner that the property has been abandoned as defined by § 4001 of this title and the owner of the property is not an infant or incompetent person, and is not a member of the military.

(b) Upon receipt of a petition which is made pursuant to subsection (a) of this section, the court shall send a notice and a copy of the petition and a Request for Information Form requesting the party who receives the notice and petition to provide all information concerning the identification and address of all other owners and/or lienholders of said abandoned property by certified mail or registered mail, return receipt requested, to the owners, secured parties of record, any known lienholder of the property, and any other persons whose names and addresses are listed in the petition. The petitioner shall further cause notice of filing of the petition to be posted in 5 or more public places and shall advertise the fact that the petition has been filed in a newspaper published and/or circulated in the county in which the petition was filed. The notice shall include a copy of the petition and shall include the following information:

(1) A statement that a petition has been made with the court;

(2) A statement that the owner or other person has a legal right to a hearing in the courts and that if a hearing is desired then the owner or other person shall file with the court an answer to the petition;

(3) A statement that if an answer is filed a hearing will be promptly scheduled and the owners or other interested persons may appear to contest the claim;

(4) A statement that the court will enter a judgment in favor of the petitioner unless an answer is filed within 20 days after the date on which the notice was mailed;

(5) A statement that the person may be liable for costs if a judgment is entered in favor of the petitioner.

(c) If the court receives an answer described in paragraph (b)(3) of this section, the court shall notify the petitioner and all parties of the hearing date to determine ownership of the subject property. If no answer is filed pursuant to paragraph (b)(3) of this section and there are no lienholders or other interested party, then the court shall issue an order declaring that the petitioner has full right, title and interest to the said abandoned property.

(d) The form of the applications, notices and declarations described in this section shall be prescribed by the court of competent jurisdiction. The language used in the applications, notices and declarations should be simple and nontechnical.
25 Del. C. § 2737 — Delaware Code / Title 25 / Chapter 27 / Subchapter III / Section 2737
§ Â
        2737. Discharge of lien on payment into Court or entry of security.
Status: in_force

Transferred to § 2729 of this title, effective July 17, 1990, by 67 Del. Laws, c. 373.
25 Del. C. § 5301 — Delaware Code / Title 25 / Chapter 53 / Section 5301
§ Â
        5301. Landlord obligation; rental agreement.
Status: in_force

(a) A rental agreement shall not provide that a tenant:

(1) Agrees to waive or forego rights or remedies under this Code.

(2) Authorizes any person to confess judgment on a claim arising out of the rental agreement.

(3) Agrees to the exculpation or limitation of any liability of the landlord arising under law or to indemnify the landlord for that liability or the costs connected therewith.

(4) Must declaw a cat as a condition of a rental agreement.

(b) A provision prohibited by subsection (a) of this section which is included in the rental agreement is unenforceable. If a landlord attempts to enforce provisions of a rental agreement known by the landlord to be prohibited by subsection (a) of this section the tenant may bring an action to recover an amount equal to 3 months rent, together with costs of suit but excluding attorneys’ fees.
25 Del. C. § 2235 — Delaware Code / Title 25 / Chapter 22 / Subchapter VII / Section 2235
§ Â
        2235. Mechanicsâ liens against units.
Status: in_force

Any mechanics’ liens arising as a result of repairs to or improvements of a unit by a unit owner shall be liens only against such unit. Any mechanics’ liens arising as a result of repairs to or improvements of the common elements, if authorized in writing pursuant to a duly adopted resolution of the council, shall be paid by the council as a common expense and until so paid shall be liens against each unit in a percentage equal to the proportionate share of the common elements relating to such unit.
25 Del. C. § 2204 — Delaware Code / Title 25 / Chapter 22 / Subchapter II / Section 2204
§ Â
        2204. Status of units; ownership thereof.
Status: in_force

Each unit, together with its proportionate undivided interest in the common elements, is for all purposes real property, and the ownership of each unit, together with its proportionate undivided interest in the common elements, is for all purposes the ownership of real property.
25 Del. C. § 5404 — Delaware Code / Title 25 / Chapter 54 / Section 5404
§ Â
        5404. Lead inspectors [For implementation of this section, see 85 Del. Laws, c. 98, Â 5(2)].
Status: in_force

(a) Only individuals approved as lead inspectors by the Department may issue certificates. No individual may be approved by the Department as a lead inspector unless the individual has successfully completed a training program approved by the Department on the identification and evaluation of lead-based paint hazards or a training program of another state that the Department has determined to be as stringent as the program approved by the Department.

(b) No certificate may be issued unless the lead inspector conducts an inspection and evaluation of the rental unit and premises in a manner required by Department regulations.

(c) The Department must establish and maintain a list of all lead inspectors. The list must be available to the public.

(d) The lead inspector must inform the Department, the landlord, and tenant of any lead-based paint hazard revealed during an inspection and evaluation of a rental unit. The lead inspector must provide the landlord and tenant with information regarding the safe remediation and abatement of lead-based paint hazards as required by Department regulations.
25 Del. C. § 5503 — Delaware Code / Title 25 / Chapter 55 / Section 5503
§ Â
        5503. Tenant obligations relating to rental unit; waste.
Status: in_force

A tenant shall:

(1) Comply with all obligations imposed upon tenants by applicable provisions of all municipal, county and state codes, regulations, ordinances and statutes;

(2) Keep that part of the premises which the tenant occupies and uses as clean and safe as the conditions of the premises permit;

(3) Dispose from the rental unit all ashes, rubbish, garbage and other organic or flammable waste, in a clean and safe manner;

(4) Keep all plumbing fixtures used by the tenant as clean and safe as their condition permits;

(5) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating and other facilities and appliances in the premises;

(6) Not wilfully or wantonly destroy, deface, damage, repair or remove any part of the structure or rental unit or the facilities, equipment or appurtenances thereto, nor permit any person on the premises with the tenant’s permission to do any such thing;

(7) Not remove or tamper with a properly functioning smoke detector installed by the landlord, including removing any working batteries, so as to render the smoke detector inoperative;

(8) Not remove or tamper with a properly functioning carbon monoxide detector installed by the landlord, including removing any working batteries, so as to render the carbon monoxide detector inoperative; and

(9) Comply with all covenants, rules, requirements and the like which are in accordance with §§ 5511 and 5512 of this title; and which the landlord can demonstrate are reasonably necessary for the preservation of the property and persons of the landlord, other tenants or any other person.
25 Del. C. § 2203 — Delaware Code / Title 25 / Chapter 22 / Subchapter I / Section 2203
§ Â
        2203. Application.
Status: in_force

This chapter shall be applicable only to real property, the sole owner, or all the owners, or the lessee, or all the lessees of which submit the same to the provisions hereof by a duly recorded declaration.
25 Del. C. § 81-325 — Delaware Code / Title 25 / Chapter 81 / Subchapter III / Section 81-325
§ Â
        81-325. Service on associations and executive board.
Status: in_force

A person may bring suit against the association or the executive board as a whole in any cause by service in accordance with the otherwise applicable rules authorizing service on the form of legal entity of the association.
25 Del. C. § 5102 — Delaware Code / Title 25 / Chapter 51 / Subchapter I / Section 5102
§ Â
        5102. Exclusions from application of this Code.
Status: in_force

The following arrangements are not intended to be governed by this Code, unless created solely to avoid such application:

(1) Residence at an institution, whether public or private, where such residence is merely incidental to detention or to the provision of medical, geriatric, educational, counseling, religious or similar services, including (but not limited to) prisons, student housing provided by a college or school, old-age homes, nursing homes, homes for unwed mothers, monasteries, nunneries and hospitals.

(2) Residence by a member of a fraternal organization in a structure operated for the benefit of the organization.

(3) Residence in a hotel, motel, cubicle hotel or other similar lodgings.

(4) Nonrenewable rental agreements of 120 days or less for any calendar year for a dwelling located within the boundaries of Broadkill Hundred, Lewes-Rehoboth Hundred, Indian River Hundred, Baltimore Hundred and Cedar Creek Hundred.

(5) A rental agreement for ground upon which improvements were constructed or installed by the tenant and used as a dwelling, where the tenant retains ownership or title thereto, or obtains title to existing improvement on the property.

(6) A “certified recovery house” as defined in § 2201A of Title 16.
25 Del. C. § 2122 — Delaware Code / Title 25 / Chapter 21 / Section 2122
§ Â
        2122. Procedure to strike an entry of satisfaction or other indication of a mortgage satisfaction.
Status: in_force

(a) When entry of satisfaction, recordation of a mortgage satisfaction piece or other indication of a mortgage satisfaction has been made upon the record through inadvertence, error or mistake, any person or party affected by such inadvertence, error or mistake may, upon sworn petition to the Superior Court of the county in which such mortgage was recorded, setting forth the facts, obtain from such Court a rule on the mortgagor or obligor or their heirs, executors, administrators or assigns, returnable at such time as the Court may direct, requiring such mortgagor or obligor or their heirs, executors, administrators or assigns to appear on the day fixed by the Court and show cause, if they have any, why the entry of satisfaction or other indication of a mortgage satisfaction should not be stricken. Such rule shall be served as provided by law for service of writs of scire facias. In case the mortgagor or obligor or their heirs, executors, administrators or assigns reside out of the State and cannot be served, or in case the mortgagor or obligor is a corporation which has been dissolved for more than 3 years prior to the filing of the petition, and for whom no trustee or receiver has been appointed, the rule shall be continued and a copy thereof shall be published by the sheriff in a newspaper of the county once each week for 4 successive weeks, and upon proof of such advertisement by affidavit of the sheriff made at the time to which such rule was continued, shall be deemed and considered sufficient service of such rule.

(b) Upon the return of the rule, if the Court is satisfied from the evidence produced that entry of satisfaction or other indication of a mortgage satisfaction had been made upon the record of such mortgage through inadvertence, error or mistake, the rule shall be made absolute, and the Court shall order and decree that the entry of satisfaction or other indication of a mortgage satisfaction of such mortgage shall be stricken as if such satisfaction or other indication of a mortgage satisfaction had not been made.

(c) Upon the issuance of an order striking an entry of satisfaction or other indication of a mortgage satisfaction, the party who obtains such order shall forthwith file with the recorder of deeds a certified copy of said order. The recorder shall at once record said order and make a proper note of the same in the indices. The recorder shall collect recording fees upon receipt of the instrument as provided for in § 9607 of Title 9.
25 Del. C. § 108 — Delaware Code / Title 25 / Chapter 1 / Subchapter I / Section 108
§ Â
        108. Deeds and other instruments executed by the Home Ownersâ Loan Corporation.
Status: in_force

(a) Deeds concerning lands or tenements, releases from the lien of any judgment, or mortgages, powers of attorney to individuals to satisfy mortgages, or any other written instruments entitled to be recorded, executed by the Home Owners’ Loan Corporation, a corporation of the United States of America, may be executed and acknowledged before any judge of this State, or a Judge of the District Court of the United States, or a notary public, or 2 justices of the peace of the same county, by the Regional Manager of the Home Owners’ Loan Corporation, or Regional Treasurer thereof, provided there is recorded in the recorder’s office in the county wherein any instrument so executed and acknowledged is entitled to be recorded a resolution of the Managing Board of such Corporation, showing the appointment by name of the Regional Manager and Regional Treasurer, duly certified to under the hand of the Chairman of the Board, attested by the Secretary, with the seal of the Corporation thereto attached, and acknowledged in the same manner and form as other recorded corporate instruments. The resolution may be kept on file by the recorder of deeds, and the same shall be indexed and recorded in the same way and manner as provided by law in the case of commissions of notaries for the State. The resolution, so certified and acknowledged, concerning the named appointments of Regional Manager and Regional Treasurer, shall be binding on the Home Owners’ Loan Corporation until revoked or cancelled by the recording, in the recorder’s office, of a resolution of the Managing Board of the Home Owners’ Loan Corporation, duly executed, certified to and acknowledged in the same manner and form as the appointment.

(b) Any deed or conveyance of lands and tenements, or any release of the lien of a mortgage or judgment, or any other written instrument entitled to be recorded, executed by the Regional Manager or Regional Treasurer for the Home Owners’ Loan Corporation, after a full compliance with this section, shall have the same effect as though the instrument had been executed by the President or other presiding officer or a Vice-President duly authorized by proper resolution.
25 Del. C. § 2228 — Delaware Code / Title 25 / Chapter 22 / Subchapter V / Section 2228
§ Â
        2228. Recording fees.
Status: in_force

The recorder shall be entitled to charge the same fees for recording instruments which are recordable under this chapter as the recorder is entitled to charge for like services with respect to the recording of other instruments.
25 Del. C. § 1108 — Delaware Code / Title 25 / Chapter 11 / Section 1108
§ Â
        1108. Fees of commissioners, surveyors, chain carriers and witnesses.
Status: in_force

Each commissioner shall be entitled to $1.00 per day for each such commissioner’s services, each surveyor to $2.00 per day, the chain carriers to 80 cents per day, and each witness to 50 cents per day, to be paid by the person at whose request the service is performed. The Court may compel payment by attachment.
25 Del. C. § 81-421 — Delaware Code / Title 25 / Chapter 81 / Subchapter IV / Section 81-421
§ Â
        81-421. Amendment to public offering statement.
Status: in_force

Following execution of a contract of sale by a purchaser, the declarant may not amend any required public offering statement without the approval of such purchaser if the amendment would materially affect the rights of such purchaser. Approval by such purchaser is not required if the amendment is required by any governmental authority or public utility, or if the amendment is made as a result of actions beyond the control of the declarant or in the ordinary course of affairs of the executive board, or if the amendment is required by, or to achieve compliance with the requirements of Federal National Mortgage Association, Federal Home Loan Mortgage Corporation, Federal Housing Authority, Veterans Administration or other governmental agency or their successors.
25 Del. C. § 1106 — Delaware Code / Title 25 / Chapter 11 / Section 1106
§ Â
        1106. Boundaries fixed by agreement of parties.
Status: in_force

If any lines or boundaries are ascertained and fixed by agreement of parties, they shall not be disturbed by any commission, as between the same parties or those claiming under either of them. If any persons agree to ascertain and fix the lines or boundaries of their land, the agreement and a plot of the land so settled may, by the consent of the parties interested, be recorded, and shall have the same effect as if the location of the land had been settled by commissioners.
25 Del. C. § 2608 — Delaware Code / Title 25 / Chapter 26 / Section 2608
§ Â
        2608. Lien void if not filed timely [For application of this section, see 79 Del. Laws, c. 18, Ââ2].
Status: in_force

The broker’s lien shall be void and unenforceable if filing does not occur within the time and in the manner required by this chapter. A broker’s lien properly asserted against a seller because the seller was obligated to pay the broker, but not filed until after the deed to the buyer is recorded, shall not be a lien against the property.
25 Del. C. § 2124 — Delaware Code / Title 25 / Chapter 21 / Section 2124
§ Â
        2124. Recordation of mortgageeâs change of address.
Status: in_force

(a) Any mortgagee or any assignee of a mortgage under § 2109 of this title that changes its notice address from the address stated in any mortgage or assignment of mortgage must, within 60 days of a change in its notice address, file in the recorder of deeds office in the county in which the mortgage or any assignment has been recorded a statement of mortgagee address change.

(1) The filing of a statement of mortgagee address change is public notice to all parties interested in such mortgage or assignment of mortgage, or the property upon which it is a lien, of the address where the legal holder of such mortgage or assignment of mortgage must receive any notice.

(2) Until such time as a statement of mortgagee address change has been filed, any party having an interest in such mortgage or assignment of mortgage, or the property upon which it is a lien, is fully protected by sending all notices to the legal holder of such mortgage or assignment of mortgage at the notice address provided in the mortgage or the last assignment of record.

(3) A mortgagee is not required to file a separate statement of mortgagee address change for each mortgage recorded in the county or to include each mortgage recorded in the county on a statement of mortgagee address change.

(4) It is unlawful for a mortgagee to fail to file a statement of mortgagee address change as required under this section. A violation of this paragraph (a)(4) is punishable by a fine of not more than $1,000 and costs of not more than $1,000.

(5) The Superior Court has jurisdiction over a violation of paragraph (a)(4) of this section.

(b) Each recorder of deeds may promulgate a sample form to be used to file a statement of mortgagee address change.

(c) Each recorder of deeds shall create and maintain a separate index for statements of mortgagee address change. The index must be called the “statement of mortgagee address change index” and must reference the mortgagee who has changed its address and include the mortgagee’s notice address as provided in the statement of mortgagee address change. The index does not need to include reference to each mortgage recorded in the county by the mortgagee who filed a statement of mortgagee address change.

(d) Each recorder of deeds may charge a fee for accepting and recording a statement of mortgagee address change. The fee must reasonably reflect the costs necessary to defray expenses associated with creating and maintaining the statement of mortgagee address change index.
25 Del. C. § 2732 — Delaware Code / Title 25 / Chapter 27 / Subchapter III / Section 2732
§ Â
        2732. Time for filing statement of claim; place.
Status: in_force

No person having done or performed any labor in or about the erection, alteration or repair of any structure or bridge shall be allowed to file any statement of that person’s claim before a justice of the peace until after the expiration of 20 days from the time of the last labor done or performed by that person, but, in order to avail said person’s own self of the benefits of this subchapter, the person shall file that person’s claim within 10 days after the expiration of the 20 days aforesaid. Any person entitled to the benefits of this subchapter shall file that person’s claim under oath, within the time above specified, with any justice of the peace of the county wherein such structure or bridge is situated.
25 Del. C. § 5513 — Delaware Code / Title 25 / Chapter 55 / Section 5513
§ Â
        5513. Landlord remedies relating to breach of rules and covenants.
Status: in_force

(a) If the tenant breaches any rule or covenant which is material to the rental agreement, the landlord shall notify the tenant of such breach in writing, and shall allow at least 7 days after such notice for remedy or correction of the breach. This section shall not apply to late payment of rent which is covered under § 5502 of this title.

(1) Such notice shall substantially specify the rule allegedly breached and advise the tenant that, if the violation continues after 7 days, the landlord may terminate the rental agreement and bring an action for summary possession. Such notice shall also state that it is given pursuant to this section, and if the tenant commits a substantially similar breach within 1 year, the landlord may rely upon such notice as grounds for initiating an action for summary possession. The issuance of a notice pursuant to this section does not establish that the initial breach of the rental agreement actually occurred for purposes of this section.

(2) If the tenant’s breach can be remedied by the landlord, as by cleaning, repairing, replacing a damaged item or the like, the landlord may so remedy the tenant’s breach and bill the tenant for the actual and reasonable costs of such remedy. Such billing shall be due and payable as additional rent, immediately upon receipt.

(3) If the tenant’s breach of a rule or covenant also constitutes a material breach of an obligation imposed upon tenants by a municipal, county or state code, ordinance or statute, the landlord may terminate the rental agreement and bring an action for summary possession.

(b) When a breach by a tenant causes or threatens to cause irreparable harm to any person or property, or the tenant is convicted of a class A misdemeanor or felony during the term of the tenancy which caused or threatened to cause irreparable harm to any person or property, the landlord may, without notice, remedy the breach and bill the tenant as provided in subsection (a) of this section; immediately terminate the rental agreement upon notice to the tenant and bring an action for summary possession; or do both.

(c) Upon notice to tenant, the landlord may bring an action or proceeding for waste or for breach of contract for damages suffered by the tenant’s wilful or negligent failure to comply with tenant’s responsibilities under § 5512 of this title. The landlord may request a forthwith summons.
25 Del. C. § 2905 — Delaware Code / Title 25 / Chapter 29 / Section 2905
§ Â
        2905. Action by lienholder to collect tax lien; amount of recovery; affidavit of demand.
Status: in_force

In any action brought to collect any lien upon real estate located within this State, the lienholder shall obtain in the final judgment in the cause the amount of money paid on account of the taxes levied upon the real estate covered by such lien or liens, provided there is set forth in the affidavit of demand filed in the action an itemized list of the taxes paid, the total amount of the payments, that the taxes were justly and truly due at the time of payment and that attached to the affidavit of demand are original and duplicate tax receipts from the officer to whom such taxes were paid. The affidavit of demand shall be filed as any other affidavit of demand is or shall be required to be filed in such proceeding. If judgment has been obtained prior to the payment of the taxes, then, and in that event, such affidavit of demand shall be filed in the office where such judgment is recorded and the amount thereof shall be noted on all writs issued in execution of such judgment or judgments and shall be collected and paid by the officer to whom such writ of execution is issued before any other part of such judgment is paid except only the costs taxed on the proceedings as shown on the writ and any amount of taxes levied and unpaid which constitute a lien on the real estate.
25 Del. C. § 5001 — Delaware Code / Title 25 / Chapter 50 / Section 5001
§ Â
        5001. Definitions.
Status: in_force

(a) “Department” means the Delaware Department of Health and Social Services.

(b) “Discharge from a long-term care service” means the release of a person from a long-term care facility for the purpose of returning to the home for permanent residence or discontinuance of home and community-based services.

(c) “Estate” means all real property, as well as all personal property which constitutes assets of the individual’s estate as described in Chapter 19 of Title 12.

(d) “Lawfully residing in the home” means residing in the home with the permission of the owner or, if under guardianship, the owner’s legal guardian.

(e) “Long-term care” means a service provided in a long-term care facility or in the home, under federally approved home and community-based services, as an alternative to institutionalization.

(f) “Medical assistance” means payment by the State’s program under Title XIX of the Social Security Act [42 U.S.C. §§ 1396-1396w-1], or Medicaid Program, administered by the Department.

(g) “Real property” means land, including houses or immovable structures or objects attached permanently to the land. The terms “real estate,” “realty,” and “real property” are used synonymously with one another and designate real property in which an individual has ownership rights and interests.

(h) “Residing in the home on a continuous basis” means using the home as the principal place of residence.
25 Del. C. § 4002 — Delaware Code / Title 25 / Chapter 40 / Section 4002
§ Â
        4002. Right and title to abandoned personal property.
Status: in_force

Notwithstanding any other provision of the Delaware Code to the contrary, including § 1157 of Title 12, upon order of the court as provided in this chapter, any person who holds, stores, safekeeps or otherwise is left with possession of any abandoned personal property, including automobiles, motorcycles, boats and furnishings, which has been abandoned by the owner as defined in § 4001 of this title, shall be vested with complete and absolute title to said abandoned personal property and shall have all right to sell, alienate, gift or otherwise dispose of the said abandoned personal property provided such transfer does not violate preliminary injunctions in effect pursuant to § 1509(a)(1) of Title 13.
25 Del. C. § 81-127 — Delaware Code / Title 25 / Chapter 81 / Subchapter I / Section 81-127
§ Â
        81-127. Notice.
Status: in_force

(a) Unless otherwise required or permitted by the declaration or bylaws, the following methods of giving notice suffice when notice is required:

(i) Hand delivered to the unit owner or other intended recipient;

(ii) Sent prepaid by United States mail to the mailing address of each unit or other intended recipient, unless that person has designated in writing a different mailing address in which case it shall be sent to the designated address; or

(iii) Sent by electronic means in the manner described in subsection (b) of this section.

(b) An association provides effective notice by electronic means if the unit owner gives the association prior written authorization to provide that notice, together with an electronic address.

(c) The ineffectiveness of a good faith effort to deliver notice by any authorized means does not invalidate action taken at a meeting or in lieu of a meeting.
25 Del. C. § 2906 — Delaware Code / Title 25 / Chapter 29 / Section 2906
§ Â
        2906. Priority of liens of the State and political subdivisions on real estate; extinction of such liens.
Status: in_force

(a) Except as otherwise provided in subsection (b) of this section, liens for taxes and other government charges levied and imposed by the State or its political subdivisions, which liens are assessed against real property, shall be equal in status, regardless of the time of assessment of said lien; no such lien shall have priority over any other such lien in the distribution of proceeds of the sale of real estate pursuant to a writ of venditioni exponis, levari facias or any other process or order of any court resulting in a sheriff’s sale. In the event that the proceeds of a sheriff’s sale are insufficient to satisfy all such liens encumbering the property sold, then the State and/or its political subdivisions holding such liens shall share that portion of the proceeds of the sheriff’s sale allotted to such liens on a prorata basis.

(b) In the event that real property is sold to the State or any of its political subdivisions pursuant to a writ of venditioni exponas, levari facias or any other process or order of any court resulting in a sheriff’s sale and such writ or process was filed by the entity purchasing the real property, then the liens of the purchasing entity shall have priority over all other liens of the State or its political subdivisions and in the event that the proceeds of the sheriff’s sale are insufficient to satisfy all liens of the State or its political subdivisions encumbering the real estate, the liens of the purchasing entity will be paid to the extent funds are available for such purposes and the remaining funds, if any, shall then be distributed on a prorata basis to other governmental entities having such liens on the real estate sold, in full satisfaction of all such liens.

(c) When real property is sold pursuant to a writ of venditioni exponas, levari facias or any other process resulting in a sheriff’s sale, said writ having been filed by the State or any of its political subdivisions, the purchasing party, other than the original owner, shall take the property free and clear of any and all liens on such real property, including liens of the State and/or its political subdivisions whether or not such liens have been fully satisfied from the proceeds of the sale.

(d) Except as specifically provided herein, nothing in this section shall be construed as affecting the order or priority of payment of any other liens, charges, costs or other debts against real estate sold at a sheriff’s sale or the effect of such a sheriff’s sale on the quality of title of real estate sold as provided in any other statute or ordinance of this State or its political subdivisions.

(e) All liens of the State or any of its political subdivisions encumbering real estate sold at a sheriff’s sale prior to July 10, 1980, and purchased by the State or any of its political subdivisions at such sale are hereby extinguished; provided, however, that such lien existed at the time of said sheriff’s sale.

(f) Nothing in this section shall affect the priority of any liens not of the State or any of its political subdivisions which existed of record on or prior to July 10, 1980.
25 Del. C. § 81-116 — Delaware Code / Title 25 / Chapter 81 / Subchapter I / Section 81-116
§ Â
        81-116. Applicability to new common interest communities; effective date.
Status: in_force

(a) Except as provided in this subchapter, this chapter applies to all common interest communities created within this State after the effective date that are not excepted from this chapter by the provisions of this chapter. The provisions of the Unit Property Act (Chapter 22 of this title) do not apply to common interest communities created after the effective date except for those governed by §§ 81-117 and 81-118 of this title and those others that are otherwise excepted from this chapter by the provisions of this chapter including nonresidential common interest communities. Amendments to this chapter apply to all common interest communities created after the effective date, or subjected to this chapter, regardless of when the amendment is adopted.

(b) The effective date of this chapter shall be September 30, 2009. All references in this Chapter 81 to the date of October 31, 2008, were deleted and replaced with the aforementioned effective date, except as provided in this section.

(c) Actions taken in reliance upon DUCIOA as effective on October 31, 2008, shall not be invalidated by the amendment of the effective date to September 30, 2009.

(d) Anything to the contrary in this chapter notwithstanding, compliance with DUCIOA was not intended to be required, and shall not be required, until September 30, 2009, subject to the provisions of subsection (c) of this section above.

(e) Any amendment or amendment and restatement of the declaration of a preexisting common interest community does not affect the status of that preexisting common interest community as excepted from some or all of this chapter as provided in this chapter.
25 Del. C. § 2216 — Delaware Code / Title 25 / Chapter 22 / Subchapter III / Section 2216
§ Â
        2216. Common profits and expenses.
Status: in_force

The common profits of the property shall be distributed among and the common expenses shall be charged to the unit owners according to the percentage of the undivided interest of each in the common elements, as set forth in the declaration and any amendments thereto.
25 Del. C. § 2712 — Delaware Code / Title 25 / Chapter 27 / Subchapter II / Section 2712
§ Â
        2712. Requirements of complaint or statement of claim.
Status: in_force

(a) Every person entitled to the benefits conferred by this chapter and desiring to avail said person’s own self of the lien provided for in this chapter, shall, within the time specified in this chapter, file a statement of claim, which may also serve as a complaint when so denominated, in the office of the Prothonotary of the Superior Court in and for the county wherein such structure is situated.

(b) The complaint and/or statement of claim shall set forth:

(1) The name of the plaintiff or claimant;

(2) The name of the owner or reputed owner of the structure;

(3) The name of the contractor and whether the contract of the plaintiff-claimant was made with such owner or such owner’s agent or with such contractor;

(4) The amount claimed to be due, and, if the amount is not fixed by the contract, a statement of the nature and kind of the labor done or materials furnished with a bill of particulars annexed, showing the kind and amount of labor done or materials furnished or construction management services provided; provided, that if the amount claimed to be due is fixed by the contract, then a true and correct copy of such contract, including all modifications or amendments thereto, shall be annexed;

(5) The time when the doing of the labor or the furnishing of the materials was commenced;

(6) The time when the doing of the labor or the furnishing of the material or the providing of the construction management services was finished, except that:

a. With respect to claims on behalf of contractors covered by § 2711(a) of this title, the date of the completion of the structure, including a specification of the act or event upon which the contractor relies for such date, and

b. With respect to claims on behalf of other persons covered by § 2711(b) of this title, the date of completion of the labor performed or of the last delivery of materials furnished, or both, as the case may be, or a specification of such other act or event upon which such person relies for such date.

(7) The location of the structure with such description as may be sufficient to identify the same;

(8) That the labor was done or the materials were furnished or the construction management services were provided on the credit of the structure;

(9) The amount of plaintiff’s claim (which must be in excess of $25) and that neither this amount nor any part thereof has been paid to plaintiff; and

(10) The amount which plaintiff claims to be due plaintiff on each structure.

(11) The time of recording of a first mortgage, or a conveyance in the nature of a first mortgage, upon such structure which is granted to secure an existing indebtedness or future advances provided at least 50% of the loan proceeds are used for the payment of labor or materials, or both, for such structure.

(c) The complaint and/or statement of claim shall be supported by the affidavit of the plaintiff-claimant that the facts therein are true and correct.
25 Del. C. § 1401 — Delaware Code / Title 25 / Chapter 14 / Section 1401
§ Â
        1401. Liability for damages; courtâs authority to determine whether trespass intentional; exemplary and actual damages.
Status: in_force

(a) Whoever wilfully, negligently or maliciously cuts down or fells or causes to be cut down or felled a tree or trees growing upon the land of another, without the consent of the owner, shall be liable for damages as set forth in subsection (b) of this section.

(b) In civil actions brought for an act of timber trespass the court shall have the authority to determine whether such trespass was unintentional or wilful and award damages accordingly. If the plaintiff shall satisfy the court that the metes and bounds of that plaintiff’s property at the place of the trespass were appropriately established and marked by reasonably permanent and visible markers, or establish that the trespasser was on notice that the rights of the plaintiff were in jeopardy, the court shall find that the trespass was wilful and shall award exemplary damages equal to triple the fair value of the trees removed plus the cost of litigation. If, however, the court shall find that the trespass was unintentional, the court may award the plaintiff damages equal to the conversion value of the trees taken or damaged plus cost of litigation.
25 Del. C. § 219 — Delaware Code / Title 25 / Chapter 2 / Section 219
§ Â
        219. Jurisdiction.
Status: in_force

The Chancery Court has jurisdiction over challenges to the validity or revocation of a transfer on death deed.
25 Del. C. § 5307 — Delaware Code / Title 25 / Chapter 53 / Section 5307
§ Â
        5307. Tenantâs remedies relating to the rental unit; repair and deduction from rent.
Status: in_force

(a) If the landlord of a rental unit fails to repair, maintain or keep in a sanitary condition the leased premises or perform in any other manner required by statute, code or ordinance, or as agreed to in the a rental agreement; and, if after being notified in writing by the tenant to do so, the landlord:

(1) Fails to remedy such failure within 30 days from the receipt of the notice; or

(2) Fails to initiate reasonable corrective measures where appropriate, including, but not limited to, the obtaining of an estimate of the prospective costs of the correction, within 10 days from the receipt of the notice;

Then the tenant may immediately do or have done the necessary work in a professional manner. After the work is done, the tenant may deduct from the rent a reasonable sum, not exceeding $400, or 1/2 of 1 month’s rent, whichever is less, for the expenditures by submitting to the landlord copies of those receipts covering at least the sum deducted.

(b) In no event may a tenant repair or cause anything to be repaired at the landlord’s expense when the condition complained of was caused by the want of due care by the tenant, a member of the tenant’s family or another person on the premises with the tenant’s consent.

(c) A tenant who is otherwise delinquent in the payment of rent may not take advantage of the remedies provided in this section.

(d) The tenant is liable for any damage to persons or property where such damage was caused by the tenant or by someone authorized by the tenant in making said repairs.
25 Del. C. § 3701 — Delaware Code / Title 25 / Chapter 37 / Section 3701
§ Â
        3701. Preference of lien.
Status: in_force

Ships and vessels of all kinds built, repaired, fitted, furnished and supplied with necessities for navigation within this State, shall be subject to a lien for all debts contracted by the builders, owners, master, agents or consignees thereof for work done or materials and supplies found or provided in the building, repairing, fitting, furnishing, supplying or equipping of the same in preference to any other debt due from the builders, masters, owners, agents or consignees thereof, except for salvage, and such debts shall be a lien upon the ship or vessel in the same manner as if the work had been done or the materials or supplies had been furnished outside of this State and in a port foreign to the home port of the ship or vessel.
25 Del. C. § 7019 — Delaware Code / Title 25 / Chapter 70 / Subchapter II / Section 7019
§ Â
        7019. Retaliatory acts prohibited.
Status: in_force

(a) Retaliatory acts are prohibited.

(b) A retaliatory act is an attempted or completed act on the part of a landlord to pursue an action against a tenant for summary possession, to terminate a tenant’s rental agreement, to cause a tenant to move involuntarily from a rented lot in the manufactured home community, or to decrease services to which a tenant is entitled under a rental agreement, after any of the following occur:

(1) The tenant has complained in good faith to either the landlord or to an enforcement authority about a condition affecting the premises of the manufactured home community which constitutes a violation under subchapters I through V of this chapter or a violation of a housing, health, building, sanitation, or other applicable statute or regulation.

(2) An enforcement authority has instituted an enforcement action based on a complaint by the tenant for a violation under subchapters I through V of this chapter or a violation of a housing, health, building, sanitation, or other applicable statute or regulation with respect to the premises.

(3) The tenant has formed or participated in a manufactured home tenants’ organization or association.

(4) The tenant has filed a legal action against the landlord or the landlord’s agent for any reason.

(c) If a tenant proves that a landlord attempted to commit or committed an act under subsection (b) of this section within 90 days of the tenant’s action under paragraphs (b)(1) through (b)(4) of this section, the landlord’s act is presumed to be a retaliatory act.

(d) Affirmative defenses to a claim that a landlord attempted to commit or committed a retaliatory act include proof by a preponderance of the evidence of any of the following:

(1) The landlord had due cause for termination of the rental agreement under subchapters I through V of this chapter and gave the required notice to the tenant.

(2) The tenant’s legal action against the landlord relates to a condition caused by the lack of ordinary care by the tenant or by a resident of the tenant’s manufactured home or by a guest or visitor on the premises with the tenant’s or resident’s consent.

(3) The rented lot was in substantial compliance with all applicable statutes and regulations on the date of the filing of the tenant’s legal action against the landlord.

(4) The landlord could not have reasonably remedied the condition complained of by the tenant by the date of the filing of the tenant’s legal action against the landlord.

(e) A tenant subjected to a retaliatory act set forth in subsection (b) of this section is entitled to recover the greater of 3 months’ rent, or 3 times the damages sustained by the resident, in addition to the court costs of the legal action.
25 Del. C. § 1607 — Delaware Code / Title 25 / Chapter 16 / Section 1607
§ Â
        1607. Cancellation upon condition of security.
Status: in_force

In an action for the enforcement of an equitable lien, the objective of which is to secure the payment of money, the court, upon motion of any party aggrieved, as a condition of cancellation of the notice of pendency, may direct that such party post sufficient security to insure the payment of money as may, by the final determination of the action, be ascertained to be chargeable upon the affected real estate. Nothing herein contained shall preclude the posting of bond or other security by agreement of the parties as a condition of cancellation.
25 Del. C. § 102 — Delaware Code / Title 25 / Chapter 1 / Subchapter I / Section 102
§ Â
        102. Effect of deeds by married women.
Status: in_force

The deed of a married woman executed by her during her coverture, concerning lands or tenements, shall be valid and effectual as if she were sole, if she acknowledges that she executed the deed. Such deed shall not bind her to any warranty except a special warranty against herself and her heirs, and all persons claiming by or under her, and no covenant on her part, of a more extensive or different effect in such deed, shall be valid against her, nor shall such conveyances by her divest, abrogate, or in any manner interfere with the husband’s estate by the curtesy should such estate attach.
25 Del. C. § 2706 — Delaware Code / Title 25 / Chapter 27 / Subchapter I / Section 2706
§ Â
        2706. Waiver of lien.
Status: in_force

(a) Persons entitled to avail themselves of the lien provided for in this chapter shall not be considered as waiving the same by granting a credit or receiving notes or other securities, unless the same be received as payment or the lien expressly waived, but the sole effect thereof shall be to prevent such persons from availing themselves of the liens provided for in this chapter until the expiration of the time agreed upon.

(b) Notwithstanding the provisions of any other law, except as provided in this subsection: Any contract, any agreement or understanding whereby the right to file or enforce any lien created under this chapter is waived, shall be void as against public policy and wholly unenforceable. This section shall not preclude a requirement for a written waiver of the right to file a mechanics’ lien executed and delivered by a contractor, subcontractor, material supplier or laborer simultaneously with or after payment for the labor performed or the materials supplied has been made to such contractor, subcontractor, material supplier or laborer nor shall this section be applicable to a written agreement to subordinate, release or satisfy all or part of such lien made after a statement of claim has been filed under this chapter. Nothing in this subsection shall amend, exempt, limit or qualify the provisions of § 2707 of this title.
25 Del. C. § 6105 — Delaware Code / Title 25 / Chapter 61 / Section 6105
§ Â
        6105. Taxes paid by tenant; setoff against rent; recovery from owner.
Status: in_force

Any tax laid upon lands or tenements according to law which is paid by or levied from the tenant of such lands or tenements, or a person occupying and having charge of same, shall be a setoff against the rent or other demand of the owner for the use or profits, of such premises. If there is no rent or other demand sufficient to cover the sum so paid or levied, the tenant or other person may demand and recover the same from the owner, with costs. This provision shall not affect any contract between the landlord and tenant.
25 Del. C. § 2209 — Delaware Code / Title 25 / Chapter 22 / Subchapter III / Section 2209
§ Â
        2209. Compliance with code of regulations and administrative provisions.
Status: in_force

Each unit owner shall comply with the code of regulations and with such rules governing the details of the use and operation of the property and the use of the common elements as may be in effect from time to time and with the covenants, conditions and restrictions set forth in the declaration or in the deed to the unit owner’s unit or in the declaration plan.
25 Del. C. § 81-223 — Delaware Code / Title 25 / Chapter 81 / Subchapter II / Section 81-223
§ Â
        81-223. Master planned communities.
Status: reserved

(a) The declaration for a common interest community may state that it is a master planned community if the declarant has reserved the development right to create at least 400 units that may be used for residential purposes, and at the time of the reservation that declarant owns or controls more than 400 acres on which the units may be built.

(b) If the requirements of subsection (a) of this section are satisfied, the declaration for the master planned community need not state a maximum number of units and need not contain any of the information required by § 81-205(a)(3) through (14) of this title until the declaration is amended under subsection (c) of this section.

(c) When each unit in a master planned community is conveyed to a purchaser, the declaration must contain: (i) a sufficient legal description of the unit and all portions of the master planned community in which any other units have been conveyed to a purchaser; and (ii) all the information required by § 81-205(a)(3) through (14) of this title with respect to that real estate.

(d) The only real estate in a master planned community which is subject to this chapter is units that have been declared or which are being offered for sale and any other real estate described pursuant to subsection (c) of this section. Other real estate that is or may become part of the master planned community is only subject to other law and to any other restrictions and limitations that appear of record.

(e) If the public offering statement conspicuously identifies the fact that the community is a master planned community, the disclosure requirements contained in subchapter IV of this chapter apply only with respect to units that have been declared or are being offered for sale in connection with the public offering statement and to the real estate described pursuant to subsection (c) of this section.

(f) Limitations in this chapter on the addition of unspecified real estate do not apply to a master planned community.

(g) The period of declarant control of the association for a master planned community terminates in accordance with any conditions specified in the declaration or otherwise at the time the declarant, in a recorded instrument and after giving written notice to all the unit owners, voluntarily surrenders all rights to control the activities of the association.
25 Del. C. § 81-305 — Delaware Code / Title 25 / Chapter 81 / Subchapter III / Section 81-305
§ Â
        81-305. Termination of contracts and leases of declarant.
Status: in_force

Except as provided in § 81-122 of this title, if entered into before the executive board elected by the unit owners pursuant to § 81-303(f) of this title takes office:

(i) Any management contract, employment contract, or lease of recreational or parking areas or facilities;

(ii) Any other contract or lease between the association and a declarant or an affiliate of a declarant; or

(iii) Any contract or lease that is not bona fide or was unconscionable to the unit owners at the time entered into under the circumstances then prevailing, may be terminated without penalty by the association at any time after the executive board elected by the unit owners pursuant to § 81-303(f) of this title takes office upon not less than 90 days’ notice to the other party.

This section does not apply to:

(i) Any lease the termination of which would terminate the common interest community or reduce its size, unless the real estate subject to that lease was included in the common interest community for the purpose of avoiding the right of the association to terminate a lease under this section; or

(ii) A proprietary lease.
25 Del. C. § 6721 — Delaware Code / Title 25 / Chapter 67 / Subchapter II / Section 6721
§ Â
        6721. Disposition of manure.
Status: in_force

(a) (1) In the absence of an express agreement between the parties, an agricultural tenant, whether a tenant at will or for a term of years, shall have no right to remove, or sell for removal, any manure made in the ordinary course of that tenant’s husbandry on the farm occupied by such tenant and consisting of the collections from any stable or barnyard, or of composts formed by an admixture of these with soil or other substances.

(2) If an agreement between the landlord and the tenant grants to the tenant the right to remove the manure made on the premises, the tenant shall do no act which will do unnecessary injury to the soil, and may not remove soil with the manure.

(3) During the term of the lease, however, the tenant of a farm lease is entitled to the possession of the manure made thereon in the ordinary course of husbandry, for the purpose of using it on the farm but shall have no right to sell it. If the tenant sells the manure, the landlord shall have the choice of receiving the money paid, or the landlord may maintain an action against the purchaser for the true value of the manure if the amount paid was less than the true value.

(b) A tenant who uses the demised premises as a corral for cattle and feeds such cattle with supplies procured from sources foreign to the demised land may remove all manure made by them which is not commingled with the soil, provided such tenant uses reasonable care and skill when removing the manure from the land so as to prevent injury thereto.
25 Del. C. § 2222 — Delaware Code / Title 25 / Chapter 22 / Subchapter IV / Section 2222
§ Â
        2222. Mortgages and other liens of record affecting property at time of the first conveyance of each unit.
Status: in_force

At the time of the first conveyance of each unit following the recording of the original declaration, every mortgage and other lien of record affecting the entire building or property or a greater portion thereof than the unit being conveyed shall be paid and satisfied of record, or the unit being conveyed shall be released therefrom by partial release duly recorded.
25 Del. C. § 7012 — Delaware Code / Title 25 / Chapter 70 / Subchapter II / Section 7012
§ Â
        7012. Effect of unsigned rental agreement.
Status: in_force

(a) If the landlord does not sign a written rental agreement which has been signed and tendered to the landlord by the tenant, acceptance of rent from the tenant without reservation by the landlord gives to the rental agreement the same effect as if it had been signed by the landlord.

(b) If the tenant does not sign a rental agreement which has been signed and tendered to the tenant by the landlord, acceptance of possession of the rented lot and payment of rent without reservation give to the rental agreement the same effect as if it had been signed by the tenant.

(c) Even if a rental agreement which is given effect by the operation of this section provides for a term longer than 1 year, it operates to create only a 1-year term.
25 Del. C. § 504 — Delaware Code / Title 25 / Chapter 5 / Section 504
§ Â
        504. Certain powers of appointment.
Status: in_force

(a) Notwithstanding any other provision of this chapter, and except as otherwise provided in subsection (b) of this section, in the case of a power of appointment over property held in trust (the “first power”), if the trust is not subject to, or has an inclusion ratio of zero for purposes of, the tax on generation-skipping transfers imposed pursuant to Chapter 13 of the Internal Revenue Code (26 U.S.C. Ch. 13) or any successor provision thereto and the first power may not be exercised in favor of the donee, the donee’s creditors, the donee’s estate or the creditors of the donee’s estate, then every estate or interest in property, real or personal, created through the exercise, by will, deed or other instrument, of the first power, irrespective of:

(1) The manner in which the first power was created or may be exercised, or

(2) Whether the first power was created before or after the passage of this section,

shall, for the purpose of any rule of law against perpetuities, remoteness in vesting, restraint upon the power of alienation or accumulations now in effect or hereafter enacted, be deemed to have been created at the time of the creation of, and not at the time of the exercise of, the first power. For purposes of applying the foregoing rule, if any part of an estate or interest in property created through the exercise of the first power includes another power of appointment (the “second power”), then the second power of appointment and any estate or interest in property (including additional powers of appointment) created through the exercise of the second power shall be deemed to have been created at the time of the creation of the first power.

(b) Subsection (a) of this section shall not apply to the exercise of a power of appointment (other than any such power of appointment created through the exercise of another power of appointment) over property held in a trust that is not subject to, or has an inclusion ratio of zero for purposes of, the tax on generation-skipping transfers imposed pursuant to Chapter 13 of the Internal Revenue Code (26 U.S.C. Ch. 13) or any successor provision thereto if the instrument of exercise of the power makes express reference to subsection (a) of this section and expressly states that subsection (a) of this section shall not apply to the exercise of the power or makes express reference to § 501 of this title and expressly states that § 501 of this title shall apply to the exercise of the power.
25 Del. C. § 81-214 — Delaware Code / Title 25 / Chapter 81 / Subchapter II / Section 81-214
§ Â
        81-214. Variations in boundaries.
Status: in_force

The existing physical boundaries of a unit or a common element or the physical boundaries of a unit or a common element reconstructed in substantial accordance with the description contained in the original declaration are its legal boundaries, rather than the boundaries derived from the description contained in the original declaration, regardless of vertical or lateral movement of the building or minor variance between those boundaries and the boundaries derived from the description contained in the original declaration. This section does not relieve a unit owner of liability in case of the unit owner’s wilful misconduct or relieve a declarant or any other person of liability for failure to adhere to any plats and plans or, in a cooperative, to any representation in the public offering statement.
25 Del. C. § 7005 — Delaware Code / Title 25 / Chapter 70 / Subchapter I / Section 7005
§ Â
        7005. Enforcement.
Status: in_force

(a) It is the duty and obligation of the Consumer Protection Unit, or its successor, of the Department of Justice to enforce the provisions of subchapters I through V of this chapter. A violation of any provision of subchapters I through V of this chapter by a landlord is within the scope of enforcement duties and powers of the Consumer Protection Unit, or its successor, of the Department of Justice.

(b) Whenever the Consumer Protection Unit, or its successor, of the Department of Justice has reasonable cause to believe that any landlord is engaged in a pattern or practice of violating or failing to comply with the terms of any provision of a rental agreement covered by this chapter, the Attorney General may commence a civil action in any court of competent jurisdiction and seek such relief as the Department of Justice deems necessary to enforce and to ensure the compliance with the terms of such agreement.

(c) A pattern or practice of violations by a landlord of any provision of subchapters I through V of this chapter or a pattern or practice of violations by a landlord of a provision of a rental agreement required by this chapter shall be deemed an unlawful practice under § 2513 of Title 6 and a violation of subchapter II of Chapter 25 of Title 6 if all of the following are true:

(1) The violation was not the direct result of a condition caused by the want of due care by the tenant, a member of the family, or any other person on the premises with the tenant’s consent.

(2) The landlord had actual notice of the condition that caused the violation.

(3) The landlord failed to correct the conditions causing the violation in a timely manner.

(4) The condition that caused the violation created a risk to health or safety of the tenants or occupants or created a risk to the property of tenants or occupants.
25 Del. C. § 7023 — Delaware Code / Title 25 / Chapter 70 / Subchapter III / Section 7023
§ Â
        7023. Change of use; conversion.
Status: in_force

This subchapter governs a change in use of a manufactured home community, under § 7024(b) of this title, to any use other than a conversion of the community to a manufactured home cooperative or condominium community, which is governed by Chapter 71 of this title.
25 Del. C. § 7056 — Delaware Code / Title 25 / Chapter 70 / Subchapter VI / Section 7056
§ Â
        7056. Exemption [For application of this section, see 79 Del. Laws, c. 304, Ââ7].
Status: in_force

(a) Resident-owned communities shall be exempt from the provisions of this subchapter.

(b) Any deed subject to lease community shall be exempt from the provisions of this subchapter. A deed subject to lease community is a community wherein each homeowner has a deed subject to lease recorded with the recorder of deeds, has a long-term lease of at least 40 years’ duration where the lease includes specific rent increases, and wherein each home is of modular construction.
25 Del. C. § 2604 — Delaware Code / Title 25 / Chapter 26 / Section 2604
§ Â
        2604. Claim of lien [For application of this section, see 79 Del. Laws, c. 18, Ââ2].
Status: in_force

(a) The claim for a broker’s lien shall attach to the commercial real estate upon the broker filing an affidavit and notice of broker’s lien in the form required in this chapter in the office of the recorder of deeds in the county (including any incorporated or unincorporated municipality located therein) where the commercial real estate is located. If the commercial real estate is located in more than 1 county, the affidavit and notice of broker’s lien shall be filed in the office of the recorder of deeds for each such county. Affidavits and notices of broker’s liens shall be indexed by the name of the person or entity charged and the name of the broker claiming the lien. The index shall also include the name of the person or entity charged, and the date and time the affidavit and notice of broker’s lien was filed. A fee for filing the affidavit and notice of broker’s lien shall be the same as for filing a miscellaneous document and shall be paid at the time of filing. The notice of broker’s lien shall be available to the public upon request. The broker who placed the lien shall within 10 days cause a copy to be served upon the person or entity charged by certified mail, return receipt requested, or process server. The return receipt or other official proof of delivery shall constitute presumptive evidence that the notice mailed was received by the party or party’s agent; and notation of refusal shall constitute presumptive evidence that refusal was by the party or party’s agent.

(b) If a broker has a brokerage agreement with a buyer or tenant for the buyer or tenant to compensate the broker, then the claim for lien pursuant to the notice of lien so filed according to subsection (a) of this section shall attach to the buyer’s or tenant’s estate or interest in the commercial real estate only upon either:

(1) The recording of the document conveying the commercial real estate to the buyer; or

(2) The signing of the lease by the landlord and tenant

whichever is applicable, and not before either of those events has occurred. Since in this instance the broker’s lien only attaches to the buyer’s or tenant’s interest in the property, it shall not be a lien upon the seller’s or landlord’s interest in the property even if it was filed prior to completion of the conveyance to the buyer or tenant.

(c) Notwithstanding the filing of an affidavit and notice of broker’s lien, the broker’s lien shall not be enforceable or enforced except as provided in § 2610 of this title. Notwithstanding any other provision in this chapter, the affidavit and notice of broker’s lien may only be filed by an attorney-at-law admitted to the bar of the Supreme Court of the State of Delaware and in good standing.
25 Del. C. § 81-309 — Delaware Code / Title 25 / Chapter 81 / Subchapter III / Section 81-309
§ Â
        81-309. Quorums.
Status: in_force

(a) Unless the bylaws provide otherwise, a quorum is present throughout any meeting of the association if:

(1) Persons entitled to cast at least 20 percent of the votes in the association are present in person, by proxy or by ballot at the beginning of the meeting, provided that at least 25 percent of the unit owners not related to the declarant are present; or

(2) Ballots solicited in accordance with § 81-310(f) of this title are delivered to the secretary in a timely manner by persons who, together with those persons present in person or by proxy or ballot at the beginning of the meeting, would comprise a quorum for that meeting.

(b) Unless the bylaws provide otherwise, a quorum is present throughout any meeting of the executive board if persons entitled to cast a majority of the votes on that board are present throughout the meeting.
25 Del. C. § 1606 — Delaware Code / Title 25 / Chapter 16 / Section 1606
§ Â
        1606. Mandatory cancellation.
Status: in_force

The court, upon motion of any party aggrieved, shall direct any recorder of deeds to cancel a notice of pendency and mark the indices accordingly if:

(1) Mailing of the notice has not been completed within the time required by § 1605 of this title;

(2) The final judgment entered denying the claim covered by the notice of pendency is no longer appealable; or

(3) The claim relating to the real estate is one which, if sustained, would entitle the party solely to recover money or money damages.
25 Del. C. § 206 — Delaware Code / Title 25 / Chapter 2 / Section 206
§ Â
        206. Transfer on death deed revocable.
Status: in_force

A transfer on death deed is revocable even if the transfer on death deed or another instrument contains a contrary provision.
25 Del. C. § 1302 — Delaware Code / Title 25 / Chapter 13 / Section 1302
§ Â
        1302. Liability for trespasses; fence-viewers to assess damages.
Status: in_force

If any horse, cattle, goat, sheep or hog trespasses on any grounds enclosed with lawful fence, the owner of the animal so trespassing shall pay such damages as shall be awarded by the fence-viewers. Any person having unruly horses, goats, sheep, hogs or cattle, which break through lawful fences, shall, after notice thereof, be liable for double damages for any trespass committed by such animal, after such notice, to be awarded by the fence-viewers.
25 Del. C. § 4304 — Delaware Code / Title 25 / Chapter 43 / Section 4304
§ Â
        4304. Release as effective; liability of person making payment; limitation.
Status: in_force

After the filing of the notice as provided in this chapter, no release of any judgment, claim or demand by the injured person shall be valid or effectual as against such lien, and the person making any payment to such injured person or such injured person’s legal representative as compensation for the injuries sustained shall for a period of 1 year from the date of such payment remain liable to such hospital for the amount of its reasonable charges due at the time of such payment to the extent of the full and true consideration paid or given to, or on behalf of, such injured person or such injured person’s legal representative, and any such charitable association, corporation or other institution or body maintaining such hospital may, within such period, enforce its lien by a suit at law against such person making any such payment.
25 Del. C. § 2735 — Delaware Code / Title 25 / Chapter 27 / Subchapter III / Section 2735
§ Â
        2735. Entry of transcript and judgment in Superior Court; effect; costs; contractor to give security to owner.
Status: in_force

The transcript and judgment may be entered in the Superior Court of the county in which the structure is situated and, when so entered, if within 2 days from the date of the judgment, shall become a lien on such structure or bridge and upon the ground upon which the same is erected and shall relate back to the day when the labor was commenced and shall take priority accordingly. Any and all transcripts taken and entered in the Superior Court under this subchapter shall contain a description of the property upon which it is to become a lien and shall conform to the description set forth in the plaintiff’s statement. All costs and charges shall follow the judgment and shall be the same as are authorized by law in civil cases before justices of the peace. Every contractor, when so required, shall give ample security to the owner of any structure being altered, erected or repaired by such contractor to save such owner harmless from the provisions of this subchapter.
25 Del. C. § 746 — Delaware Code / Title 25 / Chapter 7 / Subchapter II / Section 746
§ Â
        746. Partition of several tracts held by same joint owners; power of commissioners and Court.
Status: in_force

The Court of Chancery may make a decree for partition in 1 proceeding under this chapter of several tracts or parcels of land and premises held by the same persons as joint tenants, tenants in common or parceners, although the several tracts or parcels of land may have been derived by different titles, and although any 1 or more of the tenants or parceners may not hold a like share, proportion or interest in all of the several tracts or parcels. In such case it shall be competent for commissioners appointed under § 724 of this title to return a partition of a part of the lands and premises embraced in the proceeding, and to return the residue of the same without partition, and further proceedings shall be in accordance with the return so made. The Court may vary the terms of the commission as may be necessary to adapt it to cases contemplated by this section.
25 Del. C. § 1611 — Delaware Code / Title 25 / Chapter 16 / Section 1611
§ Â
        1611. Costs and attorneysâ fees.
Status: in_force

In an order either upholding a notice of pendency or cancelling a notice of pendency, the court may, for good cause shown, and in the interest of justice, direct a party to pay the prevailing party’s damages, if any, together with court costs of the action. In addition, the court, in exceptional cases, may award reasonable attorneys’ fees to the prevailing party. Attorneys’ fees may be assessed against a party only if the court finds that such party has wilfully asserted a claim or defense thereof without foundation in law or fact and/or not supported by a good faith request for an extension of the law, or for an improper purpose such as to harass or cause unnecessary delay in a legal proceeding or transaction.
25 Del. C. § 7022 — Delaware Code / Title 25 / Chapter 70 / Subchapter II / Section 7022
§ Â
        7022. Lot rental assistance program; eligibility [For application of this section, see 79 Del. Laws, c. 304, Ââ7].
Status: repealed

(a) A homeowner in a manufactured home community who is eligible for Social Security Disability or Supplemental Security Income benefits or who is 62 years of age or older is eligible for lot rental assistance from the manufactured home community owner if the homeowner meets all of the following criteria:

(1) The homeowner must have owned the manufactured home or resided in the home in the manufactured home community for the 5 consecutive years before requesting lot rental assistance under this section.

(2) The homeowner must reside full time and exclusively in the manufactured home in the manufactured home community, and the manufactured home must be the homeowner’s only residence.

(3) The total income of the homeowner and all occupants is equal to or less than 40% of the county median income, as determined by the United States Department of Housing and Urban Development.

(4) a. The total liquid assets of the homeowner and all occupants do not exceed $50,000.

b. For purposes of this section, liquid assets include bank accounts, stocks, and bonds.

(5) The homeowner and occupants must provide to the community owner all documentation necessary to determine eligibility for lot rental assistance, such as bank records, eligibility letters, tax returns, and brokerage statements.

(6) The homeowner, occupants, and the manufactured home must be in substantial compliance with all manufactured home community rules, regulations, and standards. If the manufactured home community owner determines that these criteria are not met, the community owner must notify the homeowner in writing of the nature of the noncompliance and allow the homeowner 30 days to correct the noncompliance, after which the community owner must reevaluate the homeowner’s eligibility for the lot rental assistance program.

(b) The homeowner and occupants may not be recipients of any other rental assistance funding.

(c) A rental assistance credit received by a homeowner under this section is not transferable upon the sale of the manufactured home or the transfer of the rental agreement to a third-party purchaser. If a rental agreement is transferred under § 7013 of this title, thereafter the transferee must pay the full amount of rent due under the lease.

(d) Lot rental assistance for a qualified homeowner is a credit which is computed as the difference between the current lot rent and 30% of the income as calculated under subsection (a) of this section so that the lot rent for an eligible homeowner after application of a lot rental assistance credit does not exceed 30% of the homeowner’s income under paragraph (a)(3) of this section.

(e)-(j) [Repealed.]

(k) Nothing in this section prohibits the owner of a manufactured home community from offering a lot rental assistance program that provides benefits greater than the benefits under this section, or that extends eligibility for participation in the program.

(l) This section applies to a manufactured home community if the community has more than 25 manufactured home lots. However, an owner of a manufactured home community with 25 or fewer manufactured home lots may voluntarily offer a lot rental assistance program to the homeowners in the community.

(m) For the purpose of benefiting persons aged 62 and older, this section establishes a narrow exception to the prohibition against housing discrimination on the basis of “age” under § 5116 of this title and the Delaware Fair Housing Act, Chapter 46 of Title 6.
25 Del. C. § 2715 — Delaware Code / Title 25 / Chapter 27 / Subchapter II / Section 2715
§ Â
        2715. Issuance and service of scire facias.
Status: in_force

The writ shall be issued, returnable and served in the same manner as other writs of scire facias upon the defendant therein named, if the defendant can be found within the county. A copy of the writ shall be left with some person residing in the structure to which the labor was done or for which the materials were furnished, if occupied as a place of residence, but if not so occupied, the sheriff shall affix a copy of such writ upon the door or other front part of such structure.
25 Del. C. § 724 — Delaware Code / Title 25 / Chapter 7 / Subchapter II / Section 724
§ Â
        724. Decree of partition; appointment and duties of commissioners.
Status: in_force

Upon the return of the summons, if the parties summoned do not appear, or appearing fail to show sufficient cause against making partition of the premises, the Court of Chancery shall enter upon the record of the Court a decree that the partition be made among the parties interested, stating the shares to be allotted to them, respectively. The Court may then direct that a commission be issued, directed to 3 freeholders of the county to be appointed in the decree as commissioners, authorizing and directing them, after being duly sworn or affirmed, according to the best of their skill and judgment, to go upon the premises and make a just and fair partition thereof amongst the parties in the proportions mentioned in the commission. The commission shall further direct the commissioners that, if in their opinion a partition of the premises will be detrimental to the interests of the parties entitled, the commissioners shall make no partition, but shall appraise the whole of the premises at the true value in money; and that they shall duly return their proceedings, under their hands and seals, according to the command of the commission, with a survey of the premises, when lands are divided, to be made by some skilful surveyor to be appointed by them, and to be sworn or affirmed. The Court may vary the terms of the commission and the oath or affirmation to be taken by the commissioners if necessary to carry into effect the purpose of such commission under this chapter. The acts of a majority of the commissioners shall be valid as if done by the whole.
25 Del. C. § 208 — Delaware Code / Title 25 / Chapter 2 / Section 208
§ Â
        208. Capacity of transferor.
Status: in_force

The capacity required to make or revoke a transfer on death deed is the same as the capacity required to make a will.
25 Del. C. § 5604 — Delaware Code / Title 25 / Chapter 56 / Section 5604
§ Â
        5604. State Court Administrator powers and duties.
Status: in_force

(a) Notwithstanding any provision of Chapter 69 of Title 29 to the contrary, the State Court Administrator shall provide Delaware Volunteer Legal Services with the designated appropriation from the General Assembly to allow the legal aid agencies to provide the services required under this chapter, provide fair and just compensation, provide an organizational structure with appropriate supervision, caseloads, and oversight of staff and service delivery, and promote high quality legal representation and legal work.

(b) The State Court Administrator may adopt rules and regulations to implement this chapter.
25 Del. C. § 904 — Delaware Code / Title 25 / Chapter 9 / Section 904
§ Â
        904. Liability of cotenants.
Status: in_force

A tenant in common, joint tenant or coparcener committing waste of the estate held in common, joint tenancy or coparcenary shall be liable to an action of waste at the suit of such tenant in common’s, joint tenant’s or coparcener’s cotenant.
25 Del. C. § 81-102 — Delaware Code / Title 25 / Chapter 81 / Subchapter I / Section 81-102
§ Â
        81-102. Applicability.
Status: in_force

Applicability of this chapter is governed by this subchapter I.
25 Del. C. § 909 — Delaware Code / Title 25 / Chapter 9 / Section 909
§ Â
        909. Judgment.
Status: in_force

In an action of waste the plaintiff shall recover the place wasted and double damages.
25 Del. C. § 5117 — Delaware Code / Title 25 / Chapter 51 / Subchapter I / Section 5117
§ Â
        5117. Remedies for violation of the rental agreement or the Code.
Status: in_force

(a) For any violation of the rental agreement or this Code, or both, by either party, the injured party shall have a right to maintain a cause of action in any court of competent civil jurisdiction.

(b) In satisfaction of any judgment obtained by the landlord for rental arrearage or unlawful destruction of property, the wages of the judgment debtor may be attached in the manner provided by law.
25 Del. C. § 2501 — Delaware Code / Title 25 / Chapter 25 / Section 2501
§ Â
        2501. Authorization and effect.
Status: in_force

(a) It shall be lawful for any lessee of any lands or premises situate in this State for a term of 10 years or more to mortgage that lessee’s lease or term in the demised premises with all buildings, fixtures and machinery thereon belonging to the lessee and appurtenant to that lessee’s interests with the same effect as to lien, notice, evidence and priority of payment as to the lessee’s interest and title as in the case of the mortgaging of a freehold interest and title. The mortgage of such term of the lessee shall be in like manner acknowledged, recorded in the proper county and indexed in the same manner as required by law for the acknowledging, recording and indexing of mortgages covering freehold interests and titles. Such mortgage shall in no manner or in any wise interfere with the landlord’s rights, priority or remedy for rent. Writs of scire facias for the enforcement of the lien of such mortgages may be sued out as in other cases. In all cases of mortgages upon leasehold estates, the mortgagees shall have the same remedies for collection thereof which mortgagees of fee simple interests in real estate have under the laws of this State for the collection of such mortgages.

(b) For purposes of this section, a lease or term of years shall be considered to be for a term of 10 years or more, if at the time of entering into the lease or term of years that is to be mortgaged, the stated term of the lease or term of years shall have been for 10 years or more (not including any renewals or extensions that may be provided for under that lease or term of years), and notwithstanding that the unexpired term of the lease or the term of years at the time of mortgaging the same is less than 10 years.
25 Del. C. § 5309 — Delaware Code / Title 25 / Chapter 53 / Section 5309
§ Â
        5309. Fire and casualty damage; landlord obligation and tenant remedies.
Status: in_force

(a) If the rental unit or any other property or appurtenances necessary to the enjoyment thereof are damaged or destroyed by fire or casualty to an extent that enjoyment of the rental unit is substantially impaired, and such fire or other casualty occurs without fault on the part of the tenant, or a member of the tenant’s family, or another person on the premises with the tenant’s consent, the tenant may:

(1) Immediately quit the premises and promptly notify the landlord, in writing, of the tenant’s election to quit within 1 week after vacating, in which case the rental agreement shall terminate as of the date of vacating. If the tenant fails to notify the landlord of the tenant’s election to quit, the tenant shall be liable for rent accruing to the date of the landlord’s actual knowledge of the tenant’s vacating the rental unit or impossibility of further occupancy; or

(2) If continued occupancy is lawful, vacate any part of the premises rendered unusable by fire or casualty, in which case the tenant’s liability for rent shall be reduced in proportion to the diminution of the fair rental value of the rental unit.

(b) If the rental agreement is terminated, the landlord shall timely return any security deposit, pet deposit and prepaid rent, except that to which the landlord is entitled to retain pursuant to this Code. Accounting for rent in the event of termination or apportionment shall be made as of the date of the fire or casualty.
25 Del. C. § 2215 — Delaware Code / Title 25 / Chapter 22 / Subchapter III / Section 2215
§ Â
        2215. Easements for work.
Status: in_force

The council shall have an easement to enter any unit to maintain, repair or replace the common elements, as well as to make repairs to units if such repairs are reasonably necessary for public safety or to prevent damage to other units or to the common elements.
25 Del. C. § 2611 — Delaware Code / Title 25 / Chapter 26 / Section 2611
§ Â
        2611. Costs, expenses, and attorneysâ fees [For application of this section, see 79 Del. Laws, c. 18, Ââ2].
Status: in_force

The costs and expenses of all proceedings brought under this chapter, including the enforcement of the broker’s lien, including reasonable attorneys’ fees actually incurred, costs, and prejudgment and postjudgment interest at the contract rate specified in the brokerage agreement or, if no rate is specified, then at the legal rate, shall be borne by the party or parties to such proceeding against whom judgment is entered. If more than 1 party is so responsible for such costs, fees, expenses, and interest, then the costs, fees, expenses, and interest may be equitably apportioned by the court among those responsible parties, but in the absence of such apportionment, such responsible parties shall be jointly and severally liable.

In the event that a court or arbitrator determines that no lien should have been filed under this chapter, then the court or arbitrator shall order the broker to pay the prevailing defendant’s expenses of all proceedings under this chapter, including reasonable attorneys’ fees actually incurred, and costs.
25 Del. C. § 3703 — Delaware Code / Title 25 / Chapter 37 / Section 3703
§ Â
        3703. Persons entitled to lien.
Status: in_force

The lien for work done or materials and supplies furnished shall exist in favor of all ship builders, ship chandlers, merchants, dealers, tradesmen and mechanics for all work done or materials and supplies furnished or provided in or about the building, repairing, fitting, furnishing, supplying or equipping of such ships or vessels.
25 Del. C. § 2226 — Delaware Code / Title 25 / Chapter 22 / Subchapter V / Section 2226
§ Â
        2226. Place of recording.
Status: in_force

The recorder shall record declarations, deeds of units, codes of regulations and revocations in the same records as are maintained for the recording of deeds of real property. Mortgages relating to units shall be recorded in the same records as are maintained by the recorder for the recording of real estate mortgages. Declaration plans and any and all amendments thereto shall be recorded in the same records as are maintained for the recording of subdivision plans.
25 Del. C. § 2206 — Delaware Code / Title 25 / Chapter 22 / Subchapter III / Section 2206
§ Â
        2206. Code of regulations as governing.
Status: in_force

The administration of every property shall be governed by a code of regulations, a true and correct copy of which and all duly adopted amendments of which shall be duly recorded.
25 Del. C. § 2719 — Delaware Code / Title 25 / Chapter 27 / Subchapter II / Section 2719
§ Â
        2719. Execution by levari facias; form.
Status: in_force

The execution of every judgment under the foregoing provisions shall be by writ of levari facias in the following form:

“. . . . . . . . . . . . . . . . . . . . County, ss.:

The State of Delaware.

To the Sheriff of said County, greeting:

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

Witness (as in similar writs).
25 Del. C. § 5714 — Delaware Code / Title 25 / Chapter 57 / Section 5714
§ Â
        5714. Compelling attendance of jurors.
Status: in_force

(a) In a proceeding under this chapter, the justice may require the attendance of the jurors the justice appoints, and may issue a summons under hand and seal to a constable for summoning them to appear before the court.

(b) If any juror duly summoned fails to appear as required, or to be qualified and serve throughout the trial, the juror shall, unless the juror shows to the justice a sufficient excuse, be guilty of contempt and shall be fined $50 which shall be levied with costs by distress and sale of the juror’s goods and chattels by virtue of a warrant by the justice.

(c) The warrant shall be directed to a constable in the following manner:

County, ss. The State of Delaware.

To any constable, greeting:

Whereas, of has been adjudged by , 1 of our justices of the peace, to be guilty of a contempt in making default after due summons as a juror in a case pending before said justice and has been ordered to pay a fine of $50 in pursuance of the act of assembly in such case provided, and

Whereas, the said has neglected to pay the said sum, we therefore command you to levy the said sum of $50 with costs and your costs hereon by distress and sale of the goods and chattels of the said upon due notice given as upon other execution process.

Witness the hand and seal of the said justice the day of 20
25 Del. C. § 7032 — Delaware Code / Title 25 / Chapter 70 / Subchapter IV / Section 7032
§ Â
        7032. Right of first offer; sale to a third party at a higher price.
Status: in_force

(a) The community owner may accept an offer from a third party higher than the alternative price, if any, offered by the homeowner association without further obligation to the homeowner association unless there are significant or material changes in terms and conditions. However, the homeowner association must be given 7 business days to match the higher offer if 1 of the following apply:

(1) The higher offer is less than $40 million and the homeowner association’s alternate price is within 6% of the offer.

(2) The higher offer is $40 million or greater and the homeowner association’s alternate price is within 4.5% of the offer.

(b) The notice of the right to match the higher offer under subsection (a) of this section, must 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. Upon written demand from the homeowner association, the community owner must provide the homeowner association with tangible evidence of the higher offer received within 3 business days of receipt of the written request from the homeowner association by overnight service with signature receipt.

(c) If the homeowner association matches the offer within 7 business days of receipt under subsection (a) of this section, the community owner must move to the next step of the negotiation with the homeowner association under § 7033 of this title. The community owner must not accept or entertain a higher offer from a third party after the homeowners association matches the offer.

(d) If the community owner accepts an offer from a third party that is greater than the alternative price offered by the homeowners association, such that the provisions of either under subsection (a) of this section, are not triggered, the community owner shall certify this fact in writing to both the homeowner association and the Consumer Protection Unit within 7 business days of acceptance of the third-party offer. Such written certification shall also indicate whether the accepted third-party offer contained any significant or material changes in terms or conditions.
25 Del. C. § 1107 — Delaware Code / Title 25 / Chapter 11 / Section 1107
§ Â
        1107. Right of holders of separate parts of tract or of younger survey to a commission.
Status: in_force

When several persons hold separate parts of the same tract, they, or any of them, may have a commission to mark and bound the whole, as well as the several parts thereof. When any person holding a younger survey is interested in the locating of interfering or neighboring elder surveys, the person shall have a commission to mark and bound the elder survey. Three months’ written notice shall be given to the person seised of the elder tract of the intention to apply for such commission. The commission may be obtained only if the person seised of the elder tract neglects to apply for and obtain the commission. The commission shall be executed in like manner and have the same effect as if obtained by a person seised of the land therein mentioned.
25 Del. C. § 317 — Delaware Code / Title 25 / Chapter 3 / Section 317
§ Â
        317. Restriction on fee collection for community amenities by community developers and/or homeowner associations.
Status: in_force

(a) A community developer, homeowner association, or other similar entity may not collect fees for an amenity that is not yet completed and available for residents’ use in a community development.

(b) If fees for amenities are not differentiated on an itemized basis, no fee may be collected until all amenities are completed and available for use by residents in a community development.

(c) The Attorney General may enforce a violation of this section as a violation of consumer law under Chapter 25 of Title 6.
25 Del. C. § 2237 — Delaware Code / Title 25 / Chapter 22 / Subchapter VII / Section 2237
§ Â
        2237. Unpaid assessments at time of voluntary sale of a unit.
Status: in_force

Upon the voluntary sale or conveyance of a unit, the grantee shall be jointly and severally liable with the grantor for all unpaid assessments for common expenses which are a charge against the unit as of the date of the sale or conveyance, but such joint and several liability shall be without prejudice to the grantee’s right to recover from the grantor the amount of any such unpaid assessments which the grantee may pay, and until any such assessments are paid, they shall continue to be a charge against the unit which may be enforced in the manner set forth in § 2234 of this title. Provided, however, that any person who shall have entered into a written agreement to purchase a unit shall be entitled to obtain a written statement from the treasurer setting forth the amount of unpaid assessments charged against the unit and its owners and, if such statement does not reveal the full amount of the unpaid assessments as of the date it is rendered, neither the purchaser nor the unit shall be liable for the payment of an amount in excess of the unpaid assessments shown thereon. Any such excess which cannot be promptly collected from the former unit owner may be reassessed by the council as a common expense to be collected from all of the unit owners including the purchaser, the former unit owner’s heirs, personal representatives, successors and assigns.
25 Del. C. § 2105 — Delaware Code / Title 25 / Chapter 21 / Section 2105
§ Â
        2105. Purchase money mortgage by married woman.
Status: in_force

A married woman may secure the purchase money or part of it for real estate purchased by her, and give a bond, as provided by § 2104 of this title.
25 Del. C. § 2701 — Delaware Code / Title 25 / Chapter 27 / Subchapter I / Section 2701
§ Â
        2701. Definitions.
Status: in_force

As used in this chapter, unless the context requires a different meaning.

(1) “Construction management services” includes services performed pursuant to a contract with an owner of a structure, or with the agent of such owner, for the management of the erection, alteration or repair of such structure, where the person or entity providing such services does not perform or furnish labor or material for such erection, alteration or repair.

(2) “Labor” includes work.

(3) “Structure” includes a building or house.
25 Del. C. § 721 — Delaware Code / Title 25 / Chapter 7 / Subchapter II / Section 721
§ Â
        721. Petition for partition; persons entitled to apply.
Status: in_force

(a) When any 2 or more persons hold lands and tenements within this State as joint tenants or tenants in common, or as parceners under the intestate laws of this State, or when any persons hold an interest either in possession or in remainder in lands and tenements within this State, as members of a class, which class may be enlarged by the happening of a future contingency, any 1 or more of them, being of lawful age, or the guardian of any being under age, may present a petition to the Court of Chancery of the county wherein the lands and tenements are situate, or, if such real estate is situate in several counties, then to the Court of Chancery of either county wherein any of the real estate is situate. The petition shall state the facts, describe the lands and tenements so held, and pray partition thereof among the several parties entitled to such lands and tenements according to their several and respective interests.

(b) Thereupon, the Court of Chancery, or any Judge thereof in vacation, shall order a summons in partition to be issued, directed to the persons interested, who may not have joined in such petitions, returnable on some day, which shall not be less than 20 days after the date of such order requiring such persons to appear before the Court of Chancery, and show cause why partition of the premises should not be made, according to the prayer of the petition.

(c) Partition may be had notwithstanding the share held by any parcener, joint tenant or tenant in common may be for a less estate than a fee, or may be limited over after an estate for life, or any estate therein. A partition shall bind all tenants of their share in remainder, reversion or expectancy who are entitled only to that part of the lands partitioned which may be set off in severalty to the share upon which such remainder or expectancy is limited. If no partition is made, but a sale of the lands is had and confirmed, the rights of all parties in interest, whether in possession, remainder, reversion or expectancy, shall cease and terminate as to the land and be transferred to the proceeds of the sale thereof.

(d) Where a remainder, reversion or expectancy is limited over to any person in being, such person shall be served with like summons and in the same manner as is provided by law with respect to service of summons in partition causes.
25 Del. C. § 304 — Delaware Code / Title 25 / Chapter 3 / Section 304
§ Â
        304. Permanent leasehold estates as estates in fee simple.
Status: in_force

Permanent leasehold estates, renewable forever, shall be considered to be estates in fee simple, and shall be subject to the same modes of alienation, power of devise, and rules of descent and distribution, and to all the incidents of an estate in fee, provided that the grantor of the leasehold or the person entitled to the estate, out of which the term issues, has first released to the grantee of the term or the person in possession of the leasehold all right to the rent charged upon or growing out of the leasehold to such grantee's or leasehold possessor's or both.
25 Del. C. § 81-207 — Delaware Code / Title 25 / Chapter 81 / Subchapter II / Section 81-207
§ Â
        81-207. Allocation of allocated interests.
Status: in_force

(a) The declaration must allocate to each unit:

(1) In a condominium, a fraction or percentage of undivided interests in the common elements and a fraction or percentage of undivided interests in the common expenses of the association, and a portion of the votes in the association;

(2) In a cooperative, an ownership interest in the association, a fraction or percentage of the common expenses of the association, and a portion of the votes in the association; and

(3) In a planned community, a fraction or percentage of the common expenses of the association, and a portion of the votes in the association.

(b) The declaration must state the formulas used to establish allocations of interests and the portions of the votes. Those allocations may not discriminate in favor of units owned by the declarant or an affiliate of the declarant.

(c) If units may be added to or withdrawn from the common interest community, the declaration must state the formulas to be used to reallocate the allocated interests among all units included in the common interest community after the addition or withdrawal.

(d) The declaration may provide: (i) that different allocations of votes shall be made to the units on particular matters specified in the declaration; (ii) for cumulative voting only for the purpose of electing members of the executive board; and (iii) for class voting on specified issues affecting the class if necessary to protect valid interests of the class. A declarant may not utilize cumulative or class voting for the purpose of evading any limitation imposed on declarants by this chapter nor may units constitute a class because they are owned by a declarant.

(e) Except for minor variations due to rounding, the sum of the common expense liabilities and, in a condominium, the sum of the undivided interests in the common elements allocated at any time to all the units must each equal one if stated as a fraction or 100 percent if stated as a percentage. In the event of discrepancy between an allocated interest and the result derived from application of the pertinent formula, the allocated interest prevails.

(f) In a condominium, the common elements are not subject to partition, and any purported conveyance, encumbrance, judicial sale, or other voluntary or involuntary transfer of an undivided interest in the common elements made without the unit to which that interest is allocated is void.

(g) In a cooperative, any purported conveyance, encumbrance, judicial sale, or other voluntary or involuntary transfer of an ownership interest in the association made without the possessory interest in the unit to which that interest is related is void.
25 Del. C. § 5411 — Delaware Code / Title 25 / Chapter 54 / Section 5411
§ Â
        5411. Regulations [For implementation of this section, see 85 Del. Laws, c. 98, Â 5(2)].
Status: in_force

The Department shall adopt regulations to implement this chapter.
25 Del. C. § 2107 — Delaware Code / Title 25 / Chapter 21 / Section 2107
§ Â
        2107. Priority of mortgages recorded at same time.
Status: in_force

If 2 or more mortgages, or conveyances in the nature of mortgages, of the same premises are lodged in the same office at the same time, they shall stand in priority in relation to each other, according to their respective dates.
25 Del. C. § 1101 — Delaware Code / Title 25 / Chapter 11 / Section 1101
§ Â
        1101. Unauthorized removal of landmarks and marking of boundary trees; penalty.
Status: in_force

No person shall cut, fell, alter or remove any boundary tree or other landmark, nor shall any person, without lawful authority, mark any boundary tree upon any land that is not person’s own, under penalty of forfeiting $200 to the party wronged.
25 Del. C. § 81-310 — Delaware Code / Title 25 / Chapter 81 / Subchapter III / Section 81-310
§ Â
        81-310. Voting; proxies.
Status: in_force

(a) If only 1 of several owners of a unit is present at a meeting of the association, that owner is entitled to cast all the votes allocated to that unit. If more than 1 of the owners is present, the votes allocated to that unit may be cast only in accordance with the agreement of a majority in interest of the owners, unless the declaration expressly provides otherwise. There is majority agreement if any 1 of the owners casts the votes allocated to that unit without protest being made promptly to the person presiding over the meeting by any of the other owners of the unit. The vote may be expressed by (i) an in-person vote at a meeting, (ii) a proxy vote if the governing documents or law allow for proxy voting, (iii) voting electronically from a source known to the community such as an email address registered with the association, (iv) voting by electronic voting software, (v) signing a petition calling for the amendment, or (vi) signing an amendment to the governing document. A signature may be in ink or electronic. For purposes of this subsection (a) of this section, an entity or trust owning a unit may designate a person to vote for the entity or trust.

(b) Votes allocated to a unit may be cast pursuant to a proxy duly executed by a unit owner. If a unit is owned by more than 1 person, each owner of the unit may vote or register protest to the casting of votes by the other owners of the unit through a duly executed proxy. A unit owner may revoke a proxy given pursuant to this section only by actual notice of revocation to the person presiding over a meeting of the association. A proxy is void if it is not dated or purports to be revocable without notice. A proxy terminates 1 year after its date, unless it specifies a shorter term.

(c) If the declaration requires that votes on specified matters affecting the common interest community be cast by lessees rather than unit owners of leased units: (i) the provisions of subsections (a) and (b) of this section apply to lessees as if they were unit owners; (ii) unit owners who have leased their units to other persons may not cast votes on those specified matters; and (iii) lessees are entitled to notice of meetings, access to records, and other rights respecting those matters as if they were unit owners. Unit owners must also be given notice, in the manner provided in § 81-308 of this title, of all meetings at which lessees are entitled to vote.

(d) Votes allocated to a unit owned by the association may not be cast and shall not be calculated either in a quorum or in any percentage of unit votes needed for any action by the unit owners.

(e) Except in cases where a greater percentage of unit votes in the association is required by this chapter or the declaration, a majority of the votes cast in person, by proxy or by ballot at a meeting of unit owners where a quorum is present shall determine the outcome of any action of the association where a vote is taken so long as the number of votes cast in favor comprise at least a majority of the number of votes required for a quorum for that meeting.

(f) Action may be taken by ballot without a meeting as follows:

(1) Unless prohibited or limited by the declaration or bylaws, any action that the association may take at any meeting of members may be taken without a meeting if the association delivers a written or electronic ballot to every member entitled to vote on the matter. A ballot shall set forth each proposed action and provide an opportunity to vote for or against each proposed action.

(2) All solicitations for votes by ballot must: (A) indicate the number of responses needed to meet the quorum requirements; (B) state the percentage of approvals necessary to approve each matter other than election of directors; (C) specify the time by which a ballot must be delivered to the association in order to be counted, which time shall not be less than 3 days after the date that the association delivers the ballot; and (D) describe procedures (including time and size and manner) by when unit owners wishing to deliver information to all unit owners regarding the subject of the vote may do so.

(3) Approval by the ballot pursuant to this section is valid only if: (A) the number of votes cast by ballot equals or exceeds the quorum required to be present at a meeting authorizing the action; and (B) the number of approvals equals or exceeds the number of votes that would be required to approve the matter at a meeting at which the total number of votes cast was the same as the number of votes by ballot.

(4) Except as otherwise provided in the declaration or bylaws, a ballot shall not be revoked after delivery to the association by death, disability or revocation by the person who cast that vote.
25 Del. C. § 702 — Delaware Code / Title 25 / Chapter 7 / Subchapter I / Section 702
§ Â
        702. Actions for use and occupation between cotenants.
Status: in_force

A tenant in common or a joint tenant or a coparcener may maintain against a cotenant an action for use and occupation.
25 Del. C. § 201 — Delaware Code / Title 25 / Chapter 2 / Section 201
§ Â
        201. Short title.
Status: in_force

This chapter may be cited as the “Uniform Real Property Transfer on Death Act.”
25 Del. C. § 7011 — Delaware Code / Title 25 / Chapter 70 / Subchapter II / Section 7011
§ Â
        7011. Holdover remedies after rental agreement terminates, expires, or is not renewed.
Status: in_force

When a court finds that a landlord is entitled to possession of a rented lot in a manufactured home community because of a holdover by a tenant, the court may award damages as follows:

(1) If the holdover was in bad faith, a payment of double the periodic rent under the rental agreement. Double-rent is computed and prorated for each day the tenant remained in or remains in possession of the lot after the date on which the rental agreement terminated, expired, or was not renewed.

(2) If a holdover is determined to be in good faith, the landlord is entitled to a payment of the periodic rent under the rental agreement, computed and prorated for each day the tenant remained in or remains in possession of the lot after the date on which the rental agreement terminated, expired, or was not renewed.
25 Del. C. § 5516 — Delaware Code / Title 25 / Chapter 55 / Section 5516
§ Â
        5516. Retaliatory acts prohibited.
Status: in_force

(a) Retaliatory acts are prohibited.

(b) A retaliatory act is an attempt on the part of the landlord to: pursue an action for summary possession or otherwise cause the tenant to quit the rental unit involuntarily; demand an increase in rent from the tenant; or decrease services to which the tenant is entitled after:

(1) The tenant has complained in good faith of a condition in or affecting the rental unit which constitutes a violation of a building, housing, sanitary or other code or ordinance to the landlord or to an authority charged with the enforcement of such code or ordinance; or

(2) A state or local government authority has filed a notice or complaint of such violation of a building, housing, sanitary or other code or ordinance; or

(3) The tenant has organized or is an officer of a tenant’s organization; or

(4) The tenant has pursued or is pursuing any legal right or remedy arising from the tenancy.

(c) If the tenant proves that the landlord has instituted any of the actions set forth in subsection (b) of this section within 90 days of any complaints or act as enumerated above, such conduct shall be presumed to be a retaliatory act.

(d) It shall be a defense to a claim that the landlord has committed a retaliatory act if:

(1) The landlord has given appropriate notice under a section of this part which allows a landlord to terminate early;

(2) The landlord seeks in good faith to recover possession of the rental unit for immediate use as landlord’s own residence;

(3) The landlord seeks in good faith to recover possession of the rental unit for the purpose of substantially altering, remodeling or demolishing the premises;

(4) The landlord seeks in good faith to recover possession of the rental unit for the purpose of immediately terminating, for at least 6 months, use of the premises as a rental unit;

(5) The complaint or request of the landlord relates to a condition or conditions caused by the lack of ordinary care by the tenant or other person in the household, or on the premises with the tenant’s consent;

(6) The rental was, on the date of filing of tenant’s complaint or request or on the date of appropriate notice prior to the end of the rental term, in full compliance with all codes, statutes and ordinances;

(7) The landlord has in good faith contracted to sell the property and the contract of sale contains a representation by the purchaser conforming to paragraph (d)(2), (3) or (4) of this section;

(8) The landlord is seeking to recover possession of the rental unit on the basis of a notice to terminate a periodic tenancy, which notice was given to the tenant prior to the complaint or request;

(9) The condition complained of was impossible to remedy prior to the end of the cure period;

(10) The landlord has become liable for a substantial increase in property taxes or a substantial increase in other maintenance or operating costs not associated with the landlord complying with the complaint or request, and such liability occurred not less than 4 months prior to the demand for the increase in rent, and the increase in rent does not exceed the pro-rata portion of the net increase in taxes or cost;

(11) The landlord has completed a substantial capital improvement of the rental unit or the property of which it is a part, not less than 4 months prior to the demand for increased rent, and such increase in rent does not exceed the amount which may be claimed for federal income tax purposes as a straight-line depreciation of the improvement, pro-rated among the rental units benefited by the improvement; or

(12) The landlord can establish, by competent evidence, that the rent now demanded of the tenant does not exceed the rent charged other tenants of similar rental units in the same complex, or the landlord can establish that the increase in rent is not directed at the particular tenant as a result of any retaliatory acts.

(e) Any tenant from whom possession of the rental unit has been sought, or who the landlord has otherwise attempted to involuntarily dispossess, in violation of this section, shall be entitled to recover 3 months’ rent or treble the damages sustained by tenant, whichever is greater, together with the cost of the suit but excluding attorneys’ fees.
25 Del. C. § 2610 — Delaware Code / Title 25 / Chapter 26 / Section 2610
§ Â
        2610. Enforcement of lien [For application of this section, see 79 Del. Laws, c. 18, Ââ2].
Status: in_force

A broker may bring suit to enforce the broker’s lien in the Superior Court in the county where the commercial real estate is located (or in either county if the commercial real estate is located in more than 1 county) by filing and prosecuting a complaint as a debt action pursuant to that Court’s Rules of Civil Procedure. Such complaint may be filed following the occurrence of the failure to make the payment to the broker, as required by the brokerage agreement, for which the affidavit and notice of broker’s lien had been filed. Notwithstanding any statute of limitation or repose or other procedural limitation, any such complaint may be brought any time prior to the expiration of a notice of lien or continuation of lien, and shall be subject to alternative dispute resolution in the Superior Court pursuant to court rules regardless of the claimed amount.
25 Del. C. § 81-216 — Delaware Code / Title 25 / Chapter 81 / Subchapter II / Section 81-216
§ Â
        81-216. Easement rights.
Status: reserved

(a) Subject to the provisions of the declaration, a declarant has an easement through the common elements as may be reasonably necessary for the purpose of discharging the declarant’s obligations or exercising special declarant rights, whether arising under this chapter or reserved in the declaration.

(b) Subject to §§ 81-302(a)(6) and 81-312 of this title, the unit owners have an easement in the common elements for purposes of access to their units.

(c) Subject to the declaration and the rules, the unit owners have an easement to use the common elements and all real estate that must become common elements for the purposes for which they were intended.
25 Del. C. § 2615 — Delaware Code / Title 25 / Chapter 26 / Section 2615
§ Â
        2615. Inconsistent law invalid [For application of this section, see 79 Del. Laws, c. 18, Ââ2].
Status: in_force

To the extent that this chapter conflicts with § 1601(b)(1) of this title, this later chapter shall control.
25 Del. C. § 1501 — Delaware Code / Title 25 / Chapter 15 / Section 1501
§ Â
        1501. Liability of owners or occupiers of land for injury to guests or trespassers.
Status: in_force

No person who enters onto private residential or farm premises owned or occupied by another person, either as a guest without payment or as a trespasser, shall have a cause of action against the owner or occupier of such premises for any injuries or damages sustained by such person while on the premises unless such accident was intentional on the part of the owner or occupier or was caused by the wilful or wanton disregard of the rights of others.
25 Del. C. § 5110 — Delaware Code / Title 25 / Chapter 51 / Subchapter I / Section 5110
§ Â
        5110. Rental agreement; effect of unsigned rental agreement.
Status: in_force

(a) If the landlord does not sign a written rental agreement which has been signed and tendered to the landlord by the tenant, acceptance of rent without reservation by the landlord shall give to the rental agreement the same effect as if it had been signed by the landlord.

(b) If the tenant does not sign a written rental agreement which has been signed and tendered to the tenant by the landlord, acceptance of possession and payment of rent by the tenant, without reservation, shall give to the rental agreement the same effect as if it had been signed by the tenant.

(c) Where a rental agreement which has been given effect by the operation of this section provides by its terms for a term longer than 1 year, it shall operate to create only a 1-year term.
25 Del. C. § 5315 — Delaware Code / Title 25 / Chapter 53 / Section 5315
§ Â
        5315. Taxes paid by tenant; setoff against rent; recovery from owner.
Status: in_force

Any tax laid upon lands or tenements according to law which is paid by or levied from the tenant of such lands or tenements, or a person occupying and having charge of same, shall be a setoff against the rent or other demand of the owner for the use, or profits, of such premises. If there is no rent or other demand sufficient to cover the sum so paid or levied, the tenant or other person may demand and recover the same from the owner, with costs. This provision shall not affect any contract between the landlord and tenant.
25 Del. C. § 5314 — Delaware Code / Title 25 / Chapter 53 / Section 5314
§ Â
        5314. Tenantâs right to early termination.
Status: in_force

(a) Except as is otherwise provided in this part, whenever either party to a rental agreement rightfully elects to terminate, the duties of each party under the rental agreement shall cease and all parties shall thereupon discharge any remaining obligations as soon as is practicable.

(b) Upon 30 days’ written notice, which 30-day period shall begin on the first day of the month following the day of actual notice, the tenancy may be terminated:

(1) By the tenant, whenever a change in location of the tenant’s employment with the tenant’s present employer requires a change in the location of the tenant’s residence in excess of 30 miles;

(2) By the tenant, whenever the serious illness of the tenant or the death or serious illness of a member of the tenant’s immediate family, residing therein, requires a change in the location of the tenant’s residence on a permanent basis;

(3) By the tenant, when the tenant is accepted for admission to a senior citizens’ housing facility, including subsidized public or private housing, or a group or cooperative living facility or retirement home;

(4) By the tenant, when the tenant is accepted for admission into a rental unit subsidized by a governmental entity or by a private nonprofit corporation, including subsidized private or public housing;

(5) By the tenant who, after the execution of such rental agreement, enters the military service of the United States on active duty;

(6) By a tenant who is the victim of domestic abuse, sexual offenses, stalking, or a tenant who has obtained or is seeking relief from domestic violence or abuse from any court, police agency, or domestic violence program or service; or

(7) By the surviving spouse or personal representative of the estate of the tenant, upon the death of the tenant.
25 Del. C. § 151 — Delaware Code / Title 25 / Chapter 1 / Subchapter III / Section 151
§ Â
        151. Recording of deeds and letters of attorney.
Status: in_force

A deed or letter of attorney concerning lands or tenements, acknowledged or proved and the acknowledgment or proof certified as provided in this chapter, shall, with the certificate of the acknowledgment or proof and all indorsements and annexations, be recorded in the recorder’s office for the county wherein such lands or tenements or any part thereof are situated, when lodged in such office at any time after the sealing and delivery of such deed or letter of attorney; and the record or an office copy thereof shall be sufficient evidence.
25 Del. C. § 4901 — Delaware Code / Title 25 / Chapter 49 / Section 4901
§ Â
        4901. Short title.
Status: in_force

This chapter shall be known as the “Self-Service Storage Facility Act.”
25 Del. C. § 2731 — Delaware Code / Title 25 / Chapter 27 / Subchapter III / Section 2731
§ Â
        2731. Lien for less than $100.
Status: in_force

Any person having performed any labor to any amount less than $100 in or for the erection, alteration or repair of any structure or bridge, in pursuance of any contract, expressed or implied, with the owner or reputed owner of such structure or bridge or with any contractor who has contracted for the erection, alteration or repair of any structure or bridge, or any part thereof, may obtain a lien upon such structure or bridge and upon the ground upon which the same may be situated or erected in the manner provided in this subchapter.
25 Del. C. § 81-419 — Delaware Code / Title 25 / Chapter 81 / Subchapter IV / Section 81-419
§ Â
        81-419. Declarantâs obligation to complete and restore.
Status: reserved

(a) Except for improvements labeled “NEED NOT BE BUILT,” the declarant shall complete all improvements depicted on any site plan or other graphic representation, including any plats or plans prepared pursuant to § 81-209 of this title, whether or not that site plan or other graphic representation is contained in the public offering statement or in any promotional material distributed by or for the declarant.

(b) The declarant is subject to liability for the prompt repair and restoration, to a condition compatible with the remainder of the common interest community, of any portion of the common interest community affected by the exercise of rights reserved pursuant to or created by § 81-210, § 81-211, § 81-212, § 81-213, § 81-215, or § 81-216 of this title.
25 Del. C. § 81-108 — Delaware Code / Title 25 / Chapter 81 / Subchapter I / Section 81-108
§ Â
        81-108. Supplemental general principles of law applicable.
Status: in_force

The principles of law and equity, including the law of corporations and any other form of business organization authorized by law in this State, the law of real property, and the law relative to capacity to contract, principal and agent, eminent domain, estoppel, fraud, misrepresentation, duress, coercion, mistake, receivership, substantial performance, or other validating or invalidating cause supplement the provisions of this chapter, except to the extent inconsistent with this chapter. Without limiting the foregoing, the laws of this State that apply to the association’s form of legal entity apply to the association except to the extent that law is inconsistent with this chapter, in which case this chapter governs.
25 Del. C. § 5702A — Delaware Code / Title 25 / Chapter 57 / Section 5702A
§ Â
        5702A. Residential eviction diversion program.
Status: in_force

(a) (1) Not later than April 27, 2024, the Justice of the Peace Court or the Court’s designee shall establish a residential eviction diversion program to facilitate post-filing eviction dispute resolution between landlords and tenants, which must include all of the following:

a. An initial mediation conference between a landlord and tenant to facilitate an agreement for asserted rental agreement violations or nonpayment of rent.

b. A designated United States Housing and Urban Development certified housing counselor or other representative approved by the Justice of the Peace Court or the Court’s designee for the tenant that does all of the following:

1. Participates in the initial mediation conference.

2. Engages with the tenant before the initial mediation conference to educate and discuss available resources.

c. Any other dispute resolution methods established under the residential eviction diversion program.

(2) The Justice of the Peace Court or the Court’s designee may limit or otherwise modify the scope of services provided by the residential eviction diversion program to ensure that the cost of the program does not exceed the funding allocated to the program and to ensure that the number of staff required to run the program does not exceed the number of staff available.

(b) In designing and implementing the residential eviction diversion program, the Justice of the Peace Court or the Court’s designee may be guided by the Residential Mortgage Foreclosure Mediation Program established by the Superior Court under Superior Court Administrative Directive 2013-2 and any subsequent changes made by Superior Court.

(c) (1) Except as provided under paragraph (c)(2) of this section, after a landlord has filed an action for possession under this chapter, the case is to be scheduled for mediation. Mediation is to be scheduled during the period between filing and trial. A trial may not commence until the landlord has engaged in mediation, except in cases where a tenant fails to engage in mediation within 15 calendar days after service of process. Mediation must be scheduled and completed at least 48 hours before the trial date. A tenant’s failure to engage in or complete mediation may not delay the scheduling or commencement of trial.

(2) A landlord may not be required to participate in the residential eviction diversion program in a proceeding under §§ 5115 or 5513(b) or (c) of this title, or where the landlord alleges and by substantial evidence demonstrates to the Court that a tenant has caused or threatens to cause substantial or irreparable harm to landlord’s or other tenant’s person or property.
25 Del. C. § 2240 — Delaware Code / Title 25 / Chapter 22 / Subchapter VIII / Section 2240
§ Â
        2240. Ownership of land.
Status: in_force

Nothing in this chapter shall be construed to prevent the construction of unit properties, as defined in § 2202 of this title, upon land held under a lease by the developer of the unit property, provided that the declaration required under § 2219 of this title shall be signed not only by the lessee, but also by the lessor of the land who holds legal title to the land in fee simple.
25 Del. C. § 81-317 — Delaware Code / Title 25 / Chapter 81 / Subchapter III / Section 81-317
§ Â
        81-317. Other liens.
Status: in_force

(a) In a condominium or planned community:

(1) Except as provided in paragraph (a)(2) of this section, a judgment for money against the association if recorded or docketed, is not a lien on the common elements, but is a lien in favor of the judgment lien holder only against all units owned by the association and other real property owned by the association. No property of a unit owner is subject to the claims of creditors of the association.

(2) If the association has granted a security interest in the common elements to a creditor of the association pursuant to § 81-312 of this title, the holder of that security interest shall exercise its right against the common elements before its judgment lien on any unit may be enforced.

(3) Whether perfected before or after the creation of the common interest community, if a lien, other than a deed of trust or mortgage (including a judgment lien or lien attributable to work performed or materials supplied before creation of the common interest community), becomes effective against 2 or more units, the unit owner of an affected unit may pay to the lien holder the amount of the lien attributable to the unit owner’s unit, and the lien holder, upon receipt of payment, promptly shall deliver a release of the lien covering that unit. The amount of the payment must be proportionate to the ratio which that unit owner’s common expense liability bears to the common expense liabilities of all unit owners whose units are subject to the lien. After payment, the association may not assess or have a lien against that unit owner’s unit for any portion of the common expenses incurred in connection with that lien.

(4) A judgment against the association must be indexed in the name of the common interest community and the association and, when so indexed, is notice of the lien against the units.

(b) In a cooperative:

(1) If the association receives notice of an impending foreclosure on all or any portion of the association’s real estate, the association shall promptly transmit a copy of that notice to each unit owner of a unit located within the real estate to be foreclosed. Failure of the association to transmit the notice does not affect the validity of the foreclosure.

(2) Whether or not a unit owner’s unit is subject to the claims of the association’s creditors, no other property of a unit owner is subject to those claims.
25 Del. C. § 2241 — Delaware Code / Title 25 / Chapter 22 / Subchapter VIII / Section 2241
§ Â
        2241. Notice and record of meetings.
Status: reserved

(a) No meetings of unit owners or meetings of any council pursuant to this chapter may be held unless notice of the meeting, with the agenda for the meeting, has been either:

(1) Posted conspicuously in each building in an area open to all unit owners at least 7 days prior to the meeting; or

(2) Sent to the mailing address provided to the council by the owner and mailed at least 14 days prior to date of the meeting.

(b) All meetings of unit owners or meetings of any council shall be open to all other unit owners governed by the same council; provided, however, that where a portion of any meeting of unit owners or any council is reserved for consultations with legal counsel, or for personnel matters relating to employees of the council, such portion of the meeting shall be excluded from the provisions of this subsection.

(c) The council shall maintain written minutes of all meetings of unit owners or the council. The minutes shall be made available to all unit owners.
25 Del. C. § 217 — Delaware Code / Title 25 / Chapter 2 / Section 217
§ Â
        217. Optional form of revocation.
Status: in_force

The following form may be used to create an instrument of revocation under this chapter. The other sections of this chapter govern the effect of this or any other instrument used to revoke a transfer on death deed.

(front of form) REVOCATION OF TRANSFER ON DEATH DEED

NOTICE TO OWNER

This revocation must be recorded before you die or it will not be effective. This revocation is effective only as to the interests in the property of owners who sign this revocation.

IDENTIFYING INFORMATION

Owner or Owners of Property Making This Revocation as Grantor or Grantors:

________________Printed name__________________Mailing address

________________Printed name__________________Mailing address

Legal description of the property:

________________

REVOCATION

I revoke all my previous transfers of this property by transfer on death deed.

SIGNATURE OF OWNER OR OWNERS MAKING THIS REVOCATION

____Printed Name & Signature__________Date

____Printed Name & Signature__________Date

SIGNATURES OF WITNESSES TO THIS DEED

We do now hereby swear and affirm that we are signing our names to this instrument with the belief and knowledge that the owner or owners, was or were, at the time of signing of sound mind and memory, and free from any undue influence or coercion by any parties, including us as witnesses.

____Printed Name & Signature __________________Mailing Address__________Date

____Printed Name & Signature __________________Mailing Address__________Date

ACKNOWLEDGMENT

(insert acknowledgment here)

(back of form) COMMON QUESTIONS ABOUT THE USE OF THIS FORM

How do I use this form to revoke a Transfer on Death (TOD) deed? Complete this form. Have it acknowledged before a notary public or other individual authorized to take acknowledgments. Record the form in the public records in the office of the recorder of deeds of each county where the property is located. The form must be acknowledged and recorded before your death or it has no effect.

Is the “legal description” of the property necessary? Yes.

How do I find the “legal description” of the property? This information may be on the TOD deed. It may also be available in the office of the recorder of deeds for the county where the property is located. If you are not absolutely sure, consult a lawyer.

How do I “record” the form? Take the completed and acknowledged form to the office of the recorder of deeds of the county where the property is located. Follow the instructions given by the recorder of deeds to make the form part of the official property records. If the property is located in more than one county, you should record the form in each of those counties.

I am being pressured to complete this form. What should I do? Do not complete this form under pressure. Seek help from a trusted family member, friend, or lawyer.

Do I need to tell the beneficiaries about the revocation of the TOD deed? No, but it is recommended. Secrecy can cause later complications and might make it easier for others to commit fraud.

I have other questions about this form. What should I do? This form is designed to fit some but not all situations. If you have other questions, consult a lawyer.
25 Del. C. § 126 — Delaware Code / Title 25 / Chapter 1 / Subchapter II / Section 126
§ Â
        126. Certification of acknowledgments by justices of the peace; form.
Status: in_force

(a) Two justices of the peace, when taking or certifying an acknowledgment, shall be together; and a certificate of acknowledgment taken before them, may be according to the following form, viz:

State of Delaware

________________________________ County

ss.

Be it remembered, that on the ________________________________ day of ________________, in the year of our Lord, two thousand and ________________________________, personally came before me, the subscribers, two of the Justices of the Peace for ________________________________ County aforesaid, ________________________________ and ________________________________, his wife, parties to this indenture known to us personally (or proved on the oath of ________________________________), to be such, and severally acknowledged said indenture to be their act and deed respectively.

Witness our hands the day and year aforesaid.

(b) If the instrument acknowledged is not an indenture, the word “instrument” may be substituted for the word “indenture” in the form; if it is not under seal, the words “and deed” in the form shall be omitted. The certificate of acknowledgment may, in all cases, be according to the foregoing form. It may be varied in any case requiring a variance, the above form being given for general direction.
25 Del. C. § 3909 — Delaware Code / Title 25 / Chapter 39 / Section 3909
§ Â
        3909. Jurisdiction.
Status: in_force

The Justice of the Peace Court in the county in which the lienholder’s business establishment is located shall have exclusive original jurisdiction of all petitions for sale under this chapter, notwithstanding the monetary amount claimed by the lienholder. In the event that the lienholder’s business establishment is located in more than 1 county, the Justice of the Peace Court in the county where the property is, or most recently was, located shall have exclusive jurisdiction. The Justice of the Peace Court shall also hear actions in replevin or detinue filed under this chapter, unless a party requests a jury and pays all necessary costs to transfer the action to Superior Court.
25 Del. C. § 7051 — Delaware Code / Title 25 / Chapter 70 / Subchapter VI / Section 7051
§ Â
        7051. Rent increase; notice.
Status: in_force

(a) A community owner may not increase a tenant’s lot rent more than once during any 12-month period, regardless of the term of the tenancy or the term of the rental agreement.

(b) A community owner may only increase rent if the rent increase complies with all of the following:

(1) Any lease provision providing for a specific amount of rent for a specific period of time.

(2) The applicable requirements of this chapter.

(c) (1) A community owner must provide written notice of a rent increase at least 90 days, but no more than 120 days, before the first day the increased amount of rent is due, to all of the following:

a. Each affected homeowner.

b. The homeowners’ association, if 1 exists.

c. DEMHRA.

(2) The notice under paragraph (c)(1) of this section must identify all affected homeowners by lot number, name, group, or phase. If the affected homeowners are not identified by name, the community owner shall make the names and addresses available, upon request, to any affected homeowner, homeowners’ association, or DEMHRA.
25 Del. C. § 744 — Delaware Code / Title 25 / Chapter 7 / Subchapter II / Section 744
§ Â
        744. Curtesy; barred by wrongful conduct of husband.
Status: in_force

If a husband leaves his wife to go with an adulteress or willingly lives in adultery in a state of separation from his wife, not occasioned by her fault, in either case, unless his wife is reconciled to him and suffers him to dwell with her, or if he is convicted of wrongfully killing his wife, he shall forfeit his curtesy and all demands, as her husband, upon her real or personal estate and any estate, charge or benefit settled upon him, or upon trust for him, in lieu of curtesy.
25 Del. C. § 2603 — Delaware Code / Title 25 / Chapter 26 / Section 2603
§ Â
        2603. Right to lien [For application of this section, see 79 Del. Laws, c. 18, Ââ2].
Status: in_force

Upon performance of all of the duties of the real estate broker as stated in the brokerage agreement except completing settlement, the broker shall have the right to place a lien upon commercial real estate that is the subject of the brokerage agreement for the unpaid amount of compensation due the broker as stated in the brokerage agreement. The brokerage agreement must expressly:

(1) State the amount or the method of calculating the amount of compensation for the services of the broker; and

(2) State that the brokerage agreement is a binding contract under state law; and

(3) Identify the real estate that is covered by the brokerage agreement by description and/or tax parcel number.

Failure of the brokerage agreement to contain these provisions shall render the brokerage agreement ineligible for a broker’s lien, but shall not otherwise affect the validity or enforceability of the brokerage agreement.
25 Del. C. § 6717 — Delaware Code / Title 25 / Chapter 67 / Subchapter I / Section 6717
§ Â
        6717. Taxes paid by tenant; setoff against rent; recovery from owner.
Status: in_force

Any tax laid upon lands or tenements according to law which is paid by or levied from the tenant of such lands or tenements, or a person occupying and having charge of same, shall be a setoff against the rent or other demand of the owner for the use, or profits, of such premises. If there is no rent or other demand sufficient to cover the sum so paid or levied, the tenant or other person may demand and recover the same from the owner, with costs. This provision shall not affect any contract between the landlord and tenant.