reglab/housing_qa huggingface dataset:
25 DE Code § 5907. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 59. Tenant’s Receivership|§ 5907. Discharge of the receiver.

§ 5907. Discharge of the receiver. (a) In addition to those situations described in § 5905 of this title, the receiver may also be discharged when:  (1) The condition or conditions alleged in the petition have been remedied; (2) The property materially complies with all applicable provisions of any state or local statute, code, regulation or ordinance governing the maintenance, construction, use or appearance of the building and the surrounding grounds; (3) The costs of the above work and any other costs as authorized herein have been paid or reimbursed from the rents and profits of the property; and (4) The surplus money, if any, has been paid over to the owner. (b) Upon paragraphs (a)(1) and (2) of this section being satisfied, the owner, mortgagee or any lienor may apply for the discharge of the receiver after paying to the latter all moneys expended by him and all other costs which have not been paid or reimbursed from the rent and profits of the property. (c) If the Court determines that future profits of the property will not cover the costs of satisfying paragraphs (a)(1) and (2) of this section, the Court may discharge the receiver and order such action as would be appropriate in the situation, including but not limited to terminating the rental agreement and ordering the vacation of the building within a specified time. In no case shall the Court permit repairs which cannot be paid out of the future profits of the property. 25 Del. C. 1953, §  5907;  58 Del. Laws, c. 472, §  1;
25 DE Code § 6101. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 61. Commercial Leases|§ 6101. Metering and charges for utility services.

§ 6101. Metering and charges for utility services. Whenever any landlord or other person:  (1) Purchases utility service from a public utility and redistributes the same to a tenant in a commercial unit and/or in connection with the operation of that commercial unit (e.g., the operation of the common area); and (2) Continuously meters the tenant's use in that commercial unit to which it redistributes the utility service and continually meters the common area; Such landlord or other person may charge and collect from such tenant, by way of rent or otherwise, an amount not to exceed the amount the tenants would be billed by the public utility for such utility service if the same was directly metered by such public utility. 70 Del. Laws, c. 513, §  15;
25 DE Code § 6102. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 61. Commercial Leases|§ 6102. Definitions.

§ 6102. Definitions. The following words, terms and phrases, when used in this part, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:  (1) “Commercial unit” shall mean any lot, structure or portion thereof which is occupied or rented for commercial or industrial purposes. (2) “Landlord” shall mean:  a. The owner, lessor or sublessor of the rental unit or the property of which it is a part and, in addition, shall mean any person authorized to exercise any aspect of the management of the premises, including any person who, directly or indirectly, receives rents or any part thereof other than as a bona fide purchaser and who has no obligation to deliver the whole of such receipts to another person; b. Any person held out by any landlord as the appropriate party to accept performance, whether such person is a landlord or not; c. Any person with whom the tenant normally deals as a landlord; or d. Any person to whom the person specified in paragraphs (2)b. and c. of this section is directly or ultimately responsible. (3) “Owner” shall mean 1 or more persons, jointly or severally, in whom is vested:  a. All or part of the legal title to property; or b. All or part of the beneficial ownership, usufruct and a right to present use and enjoyment of the premises. (4) “Person” shall include an individual, corporation, government or governmental agency, statutory trust, business trust, estate, trust, partnership or association, 2 or more persons having a joint or common trust or any other legal or commercial entity. (5) “Premises” shall mean the rental unit and the structure of which it is a part, and the facilities and appurtenances therein, and ground, areas and facilities held out for the use of tenants generally or whose use by the tenant is promised by the landlord. (6) “Rental agreement” shall mean and include all agreements, written or oral, which establish or modify the terms, conditions, rules, regulations or other provisions concerning the use and occupancy of a rental unit. (7) “Rental unit” shall mean a commercial unit. (8) “Tenant” shall mean a person entitled under a rental agreement to occupy a rental unit to the exclusion of others.70 Del. Laws, c. 513, §  15;  73 Del. Laws, c. 329, §  71;
25 DE Code § 6103. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 61. Commercial Leases|§ 6103. Preference of rent in cases of execution.

§ 6103. Preference of rent in cases of execution. Liability of goods levied upon for 1 year's rent:  (1) If goods, chattels or crops of a tenant being upon premises held by the tenant by demise under a rent of money are seized by virtue of any process of execution, attachment or 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. 1953, §  6501;  58 Del. Laws, c. 472, §  1;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 513, §  9;
25 DE Code § 6104. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 61. Commercial Leases|§ 6104. Confession of judgment.

§ 6104. Confession of judgment. A provision of a written rental agreement authorizing a person other than the tenant to confess judgment against the tenant is void and unenforceable. 25 Del. C. 1953, §  6104;  58 Del. Laws, c. 472, §  1;
25 DE Code § 6105. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 61. Commercial Leases|§ 6105. Taxes paid by tenant; setoff against rent; recovery from owner.

§ 6105. Taxes paid by tenant; setoff against rent; recovery from owner. Any tax laid upon lands or tenements according to law which is paid by or levied from the tenant of such lands or tenements, or a person occupying and having charge of same, shall be a setoff against the rent 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. 1953, §  6502;  58 Del. Laws, c. 472, §  1;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 513, §  10;
25 DE Code § 6301. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 63. Distress for Rent|§ 6301. Action at law; jurisdiction; case in which distress lies.

§ 6301. Action at law; jurisdiction; case in which distress lies. (a) Distress for rent is hereby abolished except pursuant to a rental agreement for a commercial unit and in that event it shall be an action at law which shall be brought as provided herein. (b) The several courts of the justices of the peace shall have original jurisdiction in all cases of distress for unpaid rent regardless of the amount of rent notwithstanding any other law to the contrary. (c) A distress shall lie for any unpaid rent due either in money or in a quantity of any tangible items, goods or produce pursuant to any rental agreement of a commercial unit. 25 Del. C. 1953, §  6301;  58 Del. Laws, c. 472, §  1;
25 DE Code § 6302. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 63. Distress for Rent|§ 6302. Form of claim; contents; costs.

§ 6302. Form of claim; contents; costs. (a) The claim for distress shall name the tenant as defendant and shall set forth the name and address of the landlord, the name and address of the tenant and the facts as to any assignment of the rental agreement, the premises leased, the date of the rental agreement, the term of the rental agreement, the rent required to be paid by the tenant, the amount of rent in arrears and the plaintiff's statement that there is reason to believe the levied property would be disposed of absent the issuance of the levy. The claim for distress shall also set forth facts supporting the plaintiff's reasonable belief that the goods on the leased premises to be levied upon would be disposed of absent the issuance of the writ. The claim for distress shall be made under oath or affirmation by the plaintiff. (b) The claim shall be filed in a Court of the Justice of the Peace located in the county wherein the commercial unit or a portion thereof is situated. (c) The costs in the action shall include the cost of the sale. 25 Del. C. 1953, §  6302;  58 Del. Laws, c. 472, §  1;  70 Del. Laws, c. 513, §  16;
25 DE Code § 6303. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 63. Distress for Rent|§ 6303. Order of distress; service of claim and order; levy; inventory; return; duration of levy.

§ 6303. Order of distress; service of claim and order; levy; inventory; return; duration of levy. (a) Upon the filing of an action of distress, a justice of the peace shall make a determination as to the claim's compliance with the provisions of this chapter, and upon a determination of compliance, the Court shall promptly issue an order requiring plaintiff to file a cash bond or a bond with surety in such amount and in such form as the Court shall determine and an order to a constable or sheriff of that county directing that all goods on the leased premises be levied upon, once plaintiff has filed said bond. A copy of the claim of distress and order of levy shall be served upon each tenant on the leased premises, as provided herein. The order shall also set forth the time and place where the defendant may appear and make answer to the allegations in the claim. (b) The levy may be made within the hours of 8: 00 a.m. to 8: 00 p.m. (c) The officer making the levy shall then proceed to make an inventory of each article of goods distrained upon and shall deliver to each tenant found on the premises, or if not so found, leave affixed to the premises, a copy of the inventory as provided herein. (d) The officer serving the order shall make a return of his action to the court, including the date and time thereof. (e) A levy for distress shall not remain in force for more than 60 days and if the goods distrained are not sold within that period they shall be discharged from the levy. 25 Del. C. 1953, §  6303;  58 Del. Laws, c. 472, §  1;  70 Del. Laws, c. 513, §  17;
25 DE Code § 6304. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 63. Distress for Rent|§ 6304. Levied goods in custody of Court; removal and sale; plaintiff's interest.

§ 6304. Levied goods in custody of Court; removal and sale; plaintiff's interest. (a) Except as hereinafter provided, goods levied upon by the constable or sheriff shall remain on the leased premises in the custody of the Court unless released as hereinafter provided. (b) Upon application to the Court by either party, the Court may allow the removal, sale, or both, in whole or in part, of the levied goods, upon such terms and conditions as the Court deems necessary for the protection of the parties and to avoid irreparable harm, including the posting of a bond by the tenant for the fair market value of the goods or other protective measures, including the appointment of a receiver, or the depositing of sale proceeds with the court or a specified depository. (c) Unless otherwise provided in accordance with subsection (b) of this section or § 6307 of this title, the plaintiff in an action of distress shall have a special property interest in the goods distrained until they are returned to the defendant or sold by the Court, so that the plaintiff may take the goods wherever found and recover damages for carrying away or injuring them. 25 Del. C. 1953, §  6304;  58 Del. Laws, c. 472, §  1;  70 Del. Laws, c. 186, §  1;
25 DE Code § 6305. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 63. Distress for Rent|§ 6305. Protective measures upon a showing that a tenant may abscond.

§ 6305. Protective measures upon a showing that a tenant may abscond. Upon petition of the plaintiff in distress and upon a showing under oath or affirmation of a need for protective measures because the tenant may abscond or remove and conceal that tenant's goods, the Court may take any or all of the following protective measures:  (1) The constable or sheriff shall be directed to make the levy forthwith and at any time; (2) The constable or sheriff can take actual possession of the goods levied upon and remove same from the leased premises to such place as the Court may direct pending the release or sale of the goods. Removal of the goods may, if the Court deems it necessary, be conditioned on the filing of a bond by the plaintiff in such amount and in such form as the Court may determine but in an amount not less than the fair market value of the goods removed. The expense of removal of any goods from the leased premises to any other place for storage pending sale shall be included as part of the costs of distress; (3) The Court may order the levying officer to enter the premises forcibly if entry cannot otherwise be gained.25 Del. C. 1953, §  6305;  58 Del. Laws, c. 472, §  1;  70 Del. Laws, c. 186, §  1;
25 DE Code § 6306. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 63. Distress for Rent|§ 6306. Procedure in the event of a forcible entry.

§ 6306. Procedure in the event of a forcible entry. Where entry is gained forcibly and if no tenant is found on the premises, a copy of the claim and order shall be affixed on a prominent place on the interior of the leased premises. The constable or sheriff shall then proceed to make an inventory of each article of goods distrained and leave affixed to the premises a copy of the inventory and shall attempt to contact the tenant if his whereabouts are known and leave the premises locked and as safe and secure as possible. The constable or sheriff serving the order shall make a return of the constable's or sheriff's action to the Court including the date, time and manner of the forcible entry. 25 Del. C. 1953, §  6306;  58 Del. Laws, c. 472, §  1;  70 Del. Laws, c. 186, §  1;
25 DE Code § 6307. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 63. Distress for Rent|§ 6307. Release of distrained property upon filing of bond.

§ 6307. Release of distrained property upon filing of bond. Upon the filing of a bond with surety with the Court where the distress action is pending, the Court may release from the levy and return, or release from the levy or return, the property to the tenant. The bond shall be in an amount not exceeding the fair market value of the goods levied as determined by the Court or the amount of rent in arrears plus 2 months' rent, whichever is less. 25 Del. C. 1953, §  6307;  58 Del. Laws, c. 472, §  1;
25 DE Code § 6308. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 63. Distress for Rent|§ 6308. Answer to claim; hearing; final order of sale.

§ 6308. Answer to claim; hearing; final order of sale. (a) The defendant in an action of distress may file an answer to the action, setting forth any defenses defendant may have to the action. The court shall schedule the hearing to be held promptly after the levy, but not later than 5 days after the levy. At the hearing, the Court may determine and decide all issues raised, may issue an order for the sale of the goods and may make such orders in connection therewith as may be required. (b) In any final order for the sale of goods distrained, the Court shall have power to increase the amount of rent claimed to an amount equal to the sum of the plaintiff's original claim plus rent accruing after the filing of the claim for distress up to the day of sale on which rent may fall due. (c) If the tenant named as defendant in an action for distress shall fail to file an answer to the petition for distress and/or appear at the time and place set for the hearing, the Court may upon motion of the plaintiff issue an order for the sale of the goods distrained. 25 Del. C. 1953, §  6308;  58 Del. Laws, c. 472, §  1;  70 Del. Laws, c. 513, §  18;
25 DE Code § 6309. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 63. Distress for Rent|§ 6309. Public sale of property distrained; notice of sale.

§ 6309. Public sale of property distrained; notice of sale. After the expiration of 10 days from the day of the issuance of a final order of sale by the Court, the officer may sell the property, or so much thereof as is necessary to satisfy the rent and all costs, at public vendue, to the highest and best bidder, or bidders, first giving at least 6 days notice of the sale by advertisement posted in at least 5 public places in the county. All goods neither sold nor retained by the landlord shall be returned to the defendant. 25 Del. C. 1953, §  6309;  58 Del. Laws, c. 472, §  1;
25 DE Code § 6310. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 63. Distress for Rent|§ 6310. Liability of officer.

§ 6310. Liability of officer. Any constable, sheriff or other officer of the Court acting in good faith pursuant to an order of the Court as provided herein shall not incur civil or criminal liability for that constable's or sheriff's or other officer's actions in carrying out said order except for any damage incurred as a result of that constable's or sheriff's or other officer's gross negligence or wilful misconduct. 25 Del. C. 1953, §  6310;  58 Del. Laws, c. 472, §  1;  70 Del. Laws, c. 186, §  1;
25 DE Code § 7101. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 71. Conversion of Manufactured Home Communities to Manufactured Home Condominium or Cooperative Communities|§ 7101. Purpose of chapter.

§ 7101. Purpose of chapter. This chapter provides a procedure for the orderly transition of a manufactured home community from single-unit rental to multiple-unit usage as a manufactured home condominium or cooperative community. 64 Del. Laws, c. 14, §  2;  74 Del. Laws, c. 35, §  6;
25 DE Code § 7103. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 71. Conversion of Manufactured Home Communities to Manufactured Home Condominium or Cooperative Communities|§ 7103. Requisites for conversion.

§ 7103. Requisites for conversion. (a) The conversion to multiple-unit usage of any real property on which a manufactured home community is situated shall be permitted only where the vacancy rate of manufactured home sites in the affected local community constitutes 5 percent or more of all manufactured home sites available; or the ratio of multiple-unit manufactured home housing is 25 percent or less of all manufactured home sites available in the affected community all as established according to the records of the appropriate municipal board of assessment and planning and zoning commission or county board of assessment and planning and zoning commission, as the case may be. (b) No real property on which a manufactured home is located shall be converted into multiple-unit usage unless at least 35 percent of the tenants at the date the conversion plan is filed with the recorder of deeds have agreed to the proposed conversion; provided, however, that in the event of any vote or tally, there shall be only 1 vote for each manufactured home site. (c) No real property on which a manufactured home community is located shall be converted into multiple-unit usage if the rent for any tenant has been raised during the 6-month period immediately prior to the preliminary notice. 64 Del. Laws, c. 14, §  2;  74 Del. Laws, c. 35, §  8;
25 DE Code § 7106. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 71. Conversion of Manufactured Home Communities to Manufactured Home Condominium or Cooperative Communities|§ 7106. Approval by Attorney General.

§ 7106. Approval by Attorney General. No conversion of real property on which a manufactured home community is situated shall be lawful unless such conversion has received the approval of the Attorney General after a thorough review the conversion plan to determine compliance with this chapter. Where the Attorney General has not acted to approve, conditionally approve or disapprove a conversion plan or prospective conversion within 90 days after receipt of the conversion plan, the conversion plan or prospective conversion shall be deemed to have been approved; provided, however, that the provisions of § 7103 of this title are mandatory, and cannot be waived. The Attorney General may, by a writing addressed to the owner, suspend his decision for an additional 30 days. When the conversion plan is approved, no provision of the plan shall be changed without the written approval of the Attorney General. 64 Del. Laws, c. 14, §  2;  74 Del. Laws, c. 35, §  8;
25 DE Code § 7107. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 71. Conversion of Manufactured Home Communities to Manufactured Home Condominium or Cooperative Communities|§ 7107. Extension and termination of leases.

§ 7107. Extension and termination of leases. (a) Any tenant at the time of the preliminary notice grace period shall be entitled to have his lease extended, on the same terms and conditions as the immediately preceding lease, until the expiration of the grace period. Nothing in this subsection shall prevent the owner from increasing rent pursuant to § 7110(d) of this title. (b) After receipt of the final notice, and upon 30 days' written notice to the owner, a tenant may without penalty terminate his existing lease; provided, however, that the owner shall receive a full month's rent for any partial month of tenancy. 64 Del. Laws, c. 14, §  2;