reglab/statecodes huggingface dataset:
2023 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;
2023 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;
2023 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;
2023 Delaware Code › Title 25 - Property › Chapter 67. AGRICULTURAL LEASES › Subchapter I. Rights and Duties of Landlords and Tenants › § 6701. Definitions.

§ 6701. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meaning ascribed to them except where the context clearly indicates a different meaning:
(1) “Agricultural land,” “farmland” or “rural land” shall mean any parcel, 10 acres or more, not within the limits of any city or municipality, which is capable of being farmed;
(2) “Cropper” or “sharecropper” shall mean one who cultivates the farmland of another, in return for a share of the crop produced;
(3) “Demise” shall be synonymous with the term “lease.”
60 Del. Laws, c. 175, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 67. AGRICULTURAL LEASES › Subchapter I. Rights and Duties of Landlords and Tenants › § 6702. Term of verbal lease and term of lease in which no term expressed; notice to terminate; continuance of lease; leases of tenant houses located on poultry farms.

§ 6702. Term of verbal lease and term of lease in which no term expressed; notice to terminate; continuance of lease; leases of tenant houses located on poultry farms.
(a) Every verbal lease of agricultural land and every written lease of agricultural land in which no term is expressed shall be deemed and construed to be a lease having a term of 1 year, terminating on December 31 next occurring unless the lease is entered into after September 1, in which case the lease shall terminate on the second December 31 next occurring.
(b) In every verbal lease of agricultural land and every written lease of agricultural land in which no term is expressed, the lease shall terminate at the end of 1 year, terminating on December 31 next occurring unless the lease is entered into after September 1, in which case the lease shall terminate on the second December 31 next occurring; provided, however, the landlord or tenant gives the other party notice in writing at least 4 months in advance of the expiration date thereof that the landlord or tenant, as the case may be, intends to terminate the lease at the expiration date thereof. If no such notice is given by either party the lease shall become a year to year lease renewing itself yearly under the same terms and conditions until the hereinmentioned notice requirement is met by either party desiring to terminate said lease.
(c) Notice, as provided for herein, shall not be required if all parties to a lease of agricultural land specify in writing that said lease shall terminate on the expiration date thereof without notice of such termination.
(d) In every verbal lease of a tenant house located on a poultry farm and every written lease of a tenant house located on a poultry farm in which no term is expressed, the landlord or tenant, as the case may be, shall have 14 days to notify the landlord/or tenant, as the case may be, that the lease of the tenant house is terminated, except that this subsection shall not apply to a tenant who is not involved with the management or supervision of poultry.
60 Del. Laws, c. 175, §  1;  61 Del. Laws, c. 242, §  1;  62 Del. Laws, c. 302, §  1;  69 Del. Laws, c. 339, §§  1, 2;
2023 Delaware Code › Title 25 - Property › Chapter 67. AGRICULTURAL LEASES › Subchapter I. Rights and Duties of Landlords and Tenants › § 6703. Lease in which term expressed; notice to terminate; continuation of lease.

§ 6703. Lease in which term expressed; notice to terminate; continuation of lease.
(a) In every written lease of agricultural land, which by its terms is for a definite period, the lease shall terminate on the expiration date thereof; provided, however, the landlord or tenant gives the other party notice in writing at least 4 months in advance of the expiration date thereof that the landlord or tenant, as the case may be, intends to terminate the lease at the expiration date thereof. If no such notice is given by either party the lease shall become a year to year lease renewing itself yearly under the same terms and conditions until the hereinmentioned notice requirement is met by either party desiring to terminate said lease.
(b) Notice, as provided for herein, shall not be required if all parties to a lease of agricultural land specify in writing that said lease shall terminate on the expiration date thereof without notice of such termination.
60 Del. Laws, c. 175, §  1;  61 Del. Laws, c. 242, §  2;
2023 Delaware Code › Title 25 - Property › Chapter 67. AGRICULTURAL LEASES › Subchapter I. Rights and Duties of Landlords and Tenants › § 6704. Remedy of agricultural landlord.

§ 6704. Remedy of agricultural landlord.
Grantees of reversions and remainders in any lands, tenements or hereditaments let to lease, and their heirs, executors, administrators or assigns, shall have the same remedies, by entry or action, or otherwise, against the lessees, their executors, administrators or assigns, for any waste done, or for the nonperformance of any condition, covenant or contract contained in the lease or demise, as the grantors could have.
60 Del. Laws, c. 175, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 67. AGRICULTURAL LEASES › Subchapter I. Rights and Duties of Landlords and Tenants › § 6705. Distress on agricultural leases.

§ 6705. Distress on agricultural leases.
(a) Distress will lie for any rent due and owing on agricultural lands, and distraint may be effected on any personalty including a quantity or share of crops being grown by the tenant on the land of the landlord.
(b) A distress may be of the grain, orchard produce or other crops found upon the premises out of which the rent issues, or upon which it is charged, whether growing, severed, in sheaves, stacks or otherwise, as well as upon horses, cattle and other goods and chattels of the tenant being upon the premises; provided, however, goods and chattels not the property of the tenant, but being in the tenant's possession or upon the premises, are not subject to distraint. Also excepted from this section are any animals, not the property of the tenant, which have escaped into the premises of the landlord through a defect in the fences which the tenant was bound to repair. Goods and chattels which have been sold or leased to the tenant under the terms of a conditional sales contract or lease, properly recorded in accordance with law, are not subject to the process of the agricultural landlord's distress.
60 Del. Laws, c. 175, §  1;  84 Del. Laws, c. 42, § 118;
2023 Delaware Code › Title 25 - Property › Chapter 67. AGRICULTURAL LEASES › Subchapter I. Rights and Duties of Landlords and Tenants › § 6706. Preference of rent in cases of execution.

§ 6706. Preference of rent in cases of execution.
(a) (1) If grain or other produce, growing or being upon premises held by a tenant, for which rent to be paid is a quantity or share of grain or other produce, is seized by virtue of any process of execution, attachment or sequestration, such agricultural produce shall be first applied to the payment of the year's rent before it is applied to the payment of other debts of the tenant.
(2) Any agricultural produce remaining after the payment of the year's rent shall be applied to other debts of the tenant before process is issued against other personalty.
(3) If the rent is to be paid by a particular crop, whatever amount of that particular crop is found upon the premises shall be first taken as payment or part payment of that rent.
(4) If the crops are still planted or growing, the person executing upon such crops shall be responsible for the proper cultivation and care of the crops.
(5) No person shall remove the grain or produce of an agricultural tenant who is in arrears for rent without either paying the rent proper to be rendered from such property, or giving, or tendering to the landlord or other person entitled to the rent, good security for payment of the same.
(b) In the case of a removal of agricultural produce in violation of this section, the landlord or other person entitled to the rent may immediately follow and distrain upon the produce removed, and may proceed in the same manner as if the rent had been in arrears at the time of removal.
60 Del. Laws, c. 175, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 67. AGRICULTURAL LEASES › Subchapter I. Rights and Duties of Landlords and Tenants › § 6707. Removal by tenant of hay.

§ 6707. Removal by tenant of hay.
Whenever a tenant at the beginning of that tenant's tenancy has moved or carried upon the demised premises any hay, the tenant shall at the expiration of that tenant's tenancy be authorized to remove from the premises, without the consent of the owner, a like quantity of hay. In any dispute concerning the quantity of hay removed or carried upon such demised premises by the tenant at the beginning of the tenant's tenancy, the burden of proof shall be upon the tenant.
60 Del. Laws, c. 175, §  1;  70 Del. Laws, c. 186, §  1;  84 Del. Laws, c. 42, § 119;
2023 Delaware Code › Title 25 - Property › Chapter 67. AGRICULTURAL LEASES › Subchapter I. Rights and Duties of Landlords and Tenants › § 6708. Obstruction by tenant; protection afforded tenant's crops.

§ 6708. Obstruction by tenant; protection afforded tenant's crops.
In the absence of a written contract to the contrary, no tenant of a farm shall obstruct or interfere with the cultivation and care of fruit trees, the seeding of wheat and other grains where by custom or by contract such seeding is to be done by the incoming tenant or the setting of plants necessary for future crops, by the landlord or that landlord's incoming tenant, their agents and employees, but no injury may be done to growing crops of the tenant, and such tenant shall remove or carry over such crops as is the custom in the community at a reasonable time to permit the seeding or setting of plants.
60 Del. Laws, c. 175, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 67. AGRICULTURAL LEASES › Subchapter I. Rights and Duties of Landlords and Tenants › § 6709. Duties of outgoing tenants with respect to corn.

§ 6709. Duties of outgoing tenants with respect to corn.
Any agricultural tenant who grew corn or who is growing corn the year the tenant surrenders possession of the premises shall harvest all corn which the tenant leaves on the premises at the time of that tenant's removal. In the event the outgoing tenant, or the tenant giving up possession does not harvest the corn on the farm, then the incoming tenant may be privileged to enter upon the farm and harvest the corn and charge the expenses to the crop.
60 Del. Laws, c. 175, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 67. AGRICULTURAL LEASES › Subchapter I. Rights and Duties of Landlords and Tenants › § 6710. Rent payable with portion of grain or produce.

§ 6710. Rent payable with portion of grain or produce.
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.
60 Del. Laws, c. 175, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 67. AGRICULTURAL LEASES › Subchapter I. Rights and Duties of Landlords and Tenants › § 6711. Distress of agricultural produce; appraisal.

§ 6711. Distress of agricultural produce; appraisal.
Where the distress is for grain or produce, the person authorized to levy such distress shall summon and cause to be sworn 2 disinterested persons, whose duty it shall be to estimate under oath the money value of the specific amount or quantity of grain, or other produce or proportion of the crops agreed upon as rent, and thereupon to proceed to levy the said distress.
60 Del. Laws, c. 175, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 67. AGRICULTURAL LEASES › Subchapter I. Rights and Duties of Landlords and Tenants › § 6712. Delivery of grain or other produce, or payment of estimated value.

§ 6712. Delivery of grain or other produce, or payment of estimated value.
The tenant whose goods are distrained in accordance with this chapter shall have that tenant's election at any time before the goods, chattels and property distrained shall be sold under such distress to deliver the rent of grain or other produce or proportion of crops to the landlord, or to pay the landlord the estimated value, together in both cases with the expense of said distress; whereupon all proceedings in the said distress shall cease. But nothing herein contained shall limit the tenant from any action to recover goods unlawfully taken or to take any action to contest the fairness of such valuation.
60 Del. Laws, c. 175, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 67. AGRICULTURAL LEASES › Subchapter I. Rights and Duties of Landlords and Tenants › § 6713. Number and compensation of appraisers.

§ 6713. Number and compensation of appraisers.
No sheriff, constable or other person making distress for rent shall summon more than 2 appraisers of property, and the compensation of the appraisers shall be $5.00 each, to be recovered and paid as other costs in such cases. In distress for money rent on agricultural leases, the appraisers shall not be summoned.
60 Del. Laws, c. 175, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 67. AGRICULTURAL LEASES › Subchapter I. Rights and Duties of Landlords and Tenants › § 6715. Lien on crops.

§ 6715. Lien on crops.
In all cases of renting land wherein a share of the growing crop or crops shall be reserved as rent, or wherein advances are made by the landlord upon the faith of the crops to be grown, said rent reserved and such advances made shall be a lien on such crop or crops, which shall not be divested by any sale by any administrator of a deceased tenant, or by the assignment of the tenant in insolvency, or by process of law issued against the tenant; provided, however, that at the time of the said renting the contract under and by which the said advances are made shall be reduced to writing, duly attested by the said landlord and tenant. Before such advances shall be made a lien, however, the contract under which such advances are made shall be recorded as other liens are recorded in the county wherein the land lies.
60 Del. Laws, c. 175, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 67. AGRICULTURAL LEASES › Subchapter I. Rights and Duties of Landlords and Tenants › § 6716. Preference of rent in cases of execution.

§ 6716. 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, §  12;
2023 Delaware Code › Title 25 - Property › Chapter 67. AGRICULTURAL LEASES › Subchapter I. Rights and Duties of Landlords and Tenants › § 6717. Taxes paid by tenant; setoff against rent; recovery from owner.

§ 6717. 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, §  13;
2023 Delaware Code › Title 25 - Property › Chapter 67. AGRICULTURAL LEASES › Subchapter I. Rights and Duties of Landlords and Tenants › § 6718. Jurisdiction; service of process.

§ 6718. Jurisdiction; service of process.
An action for possession involving an agricultural lease shall be heard by the Justice of the Peace Court which hears civil cases in the county in which the property is located. In the event that the property involved in the litigation is situated in more than 1 county, jurisdiction shall lie in the county in which the majority of the property sits. The provisions of Chapter 57 of this title shall apply to any such action. Service of process shall be delivered by personal service as prescribed in Justice of the Peace Court Civil Rules or certified mail, return receipt requested; there shall be no requirement that the property be posted to effect service of process, unless other means of service have first failed.
79 Del. Laws, c. 255, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 67. AGRICULTURAL LEASES › Subchapter II. Miscellaneous › § 6721. Disposition of manure.

§ 6721. Disposition of manure.
(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.
60 Del. Laws, c. 175, §  1;  70 Del. Laws, c. 186, §  1;  84 Del. Laws, c. 42, § 120;
2023 Delaware Code › Title 25 - Property › Chapter 67. AGRICULTURAL LEASES › Subchapter II. Miscellaneous › § 6722. Improper tillage and cutting of timber.

§ 6722. Improper tillage and cutting of timber.
The cutting of timber by the tenant on leased agricultural land, without the consent of the landlord in writing, is waste. Improper tillage and the cutting of timber may be enjoined by the landlord, who may also bring an action for double the damage done to the land, loss of value of the land and loss of value of the crop or timber.
60 Del. Laws, c. 175, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 67. AGRICULTURAL LEASES › Subchapter II. Miscellaneous › § 6723. Assignment of farm leases.

§ 6723. Assignment of farm leases.
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.
60 Del. Laws, c. 175, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 67. AGRICULTURAL LEASES › Subchapter II. Miscellaneous › § 6724. Delivery of crop rent.

§ 6724. Delivery of crop rent.
In the absence of any agreement between a landlord and that landlord's tenant fixing the place at which crop rent shall be delivered, it shall be delivered upon the leased premises.
60 Del. Laws, c. 175, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 70. Manufactured Homes and Manufactured Home Communities Act › Subchapter I. Purpose, Definitions, Enforceability › § 7001. Purposes and policies; enforceability.

§ 7001. Purposes and policies; enforceability.
(a) Subchapters I through V of this chapter must be liberally construed and applied to promote the following underlying purposes and policies:
(1) To clarify and establish the law governing the rental of lots for manufactured homes as well as the rights and obligations of manufactured home community owners (landlords), manufactured homeowners (tenants), and residents of manufactured home communities.
(2) To encourage manufactured home community owners and manufactured homeowners, and residents to maintain and improve the quality of life in manufactured home communities.
(b) Subchapters I through V of this chapter apply to all rental agreements for manufactured home lots and regulates and determines the legal rights, remedies, and obligations of all parties to a rental agreement, wherever executed, for a lot for a manufactured home in a manufactured home community within this State. A provision of a rental agreement which conflicts with a provision of subchapters I through V of this chapter and is not expressly authorized herein is unenforceable. The unenforceability of a provision does not affect the enforceability of other provisions of a rental agreement which can be given effect without the unenforceable provision.
25 Del. C. 1953, §  7001;  58 Del. Laws, c. 286;  58 Del. Laws, c. 472, §  4;  65 Del. Laws, c. 446, §  1;  66 Del. Laws, c. 268, §  1;  74 Del. Laws, c. 35, §  2;  82 Del. Laws, c. 38, § 2;
2023 Delaware Code › Title 25 - Property › Chapter 70. Manufactured Homes and Manufactured Home Communities Act › Subchapter I. Purpose, Definitions, Enforceability › § 7002. Jurisdiction.

§ 7002. Jurisdiction.
(a) Any person, whether or not a citizen or resident of this State, who owns, holds an ownership or beneficial interest in, uses, manages, or possesses real estate situated in this State submits to the jurisdiction of the courts of this State as to any action or proceeding for the enforcement of an obligation or right arising under subchapters I through V of this chapter.
(b) A summary proceeding to recover the possession of a rented lot, pursuant to Chapter 57 of this title, may be maintained in the Justice of the Peace Court in the county where the property is located.
(c) In the absence of a provision in subchapters I through V of this chapter governing the relationship between a manufactured homeowner (tenant) and a manufactured home community owner (landlord), the Residential Landlord-Tenant Code, under Part III of this title, governs the relationship. The Residential Landlord-Tenant Code also governs the rental of manufactured homes. In the event of conflict between the provisions of subchapters I through V of this chapter and the Residential Landlord-Tenant Code, subchapters I through V of this chapter govern issues pertaining to the rental of lots in manufactured home communities.
25 Del. C. 1953, §  7002;  58 Del. Laws, c. 286;  58 Del. Laws, c. 472, §  4;  64 Del. Laws, c. 95, §  1;  65 Del. Laws, c. 446, §  1;  66 Del. Laws, c. 268, §  1;  74 Del. Laws, c. 35, §  2;  82 Del. Laws, c. 38, § 4;
2023 Delaware Code › Title 25 - Property › Chapter 70. Manufactured Homes and Manufactured Home Communities Act › Subchapter I. Purpose, Definitions, Enforceability › § 7004. Exemptions.

§ 7004. Exemptions.
(a) Except for homes defined as manufactured homes in § 7003(12) of this title, the rental of ground upon which a recreational vehicle is placed, including any facilities or utilities thereon, is exempt from the requirements of subchapters I through V of this chapter and nothing in subchapters I through V of this chapter may be construed as determining, regulating, or governing the legal rights of parties to any lease or rental agreement for the ground on which a recreational vehicle is situated.
(b) The rental of ground within the category of seasonal property is exempt from the requirements of subchapters I through V of this chapter and nothing in subchapters I through V of this chapter may be construed as determining, regulating, or governing the legal rights of parties to any lease or rental agreement for the rental of ground within the category of seasonal property.
25 Del. C. 1953, §  7005;  58 Del. Laws, c. 286;  58 Del. Laws, c. 472, §  4;  65 Del. Laws, c. 446, §  1;  66 Del. Laws, c. 268, §  1;  74 Del. Laws, c. 35, §  2;  74 Del. Laws, c. 147, §  2;  82 Del. Laws, c. 38, § 6;  83 Del. Laws, c. 358, § 1;
2023 Delaware Code › Title 25 - Property › Chapter 70. Manufactured Homes and Manufactured Home Communities Act › Subchapter I. Purpose, Definitions, Enforceability › § 7005. Enforcement.

§ 7005. Enforcement.
(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.
65 Del. Laws, c. 446, §  1;  66 Del. Laws, c. 268, §  1;  69 Del. Laws, c. 291, §  98(b), (c);  74 Del. Laws, c. 35, §  2;  75 Del. Laws, c. 382, §  6;  82 Del. Laws, c. 38, § 7;
2023 Delaware Code › Title 25 - Property › Chapter 70. Manufactured Homes and Manufactured Home Communities Act › Subchapter II. Landlord-Tenant Relationship › § 7006. Requisites for rental of a manufactured home lot.

§ 7006. Requisites for rental of a manufactured home lot.
A landlord shall not rent a lot in a manufactured home community without first delivering to the prospective tenant a copy of the proposed rental agreement, a copy of the rules, standards, and fee schedule of the manufactured home community, a copy of this chapter, and a summary of this chapter written by the Department of Justice and made available to all landlords prior to January 1, 2012, all of which shall be delivered to the prospective tenant at the time the prospective tenant obtains from the landlord an application for tenancy in the community. The prospective tenant shall acknowledge such delivery by signing a receipt.
74 Del. Laws, c. 35, §  2;  78 Del. Laws, c. 20, §  1;  79 Del. Laws, c. 412, §  1;  82 Del. Laws, c. 38, § 9;
2023 Delaware Code › Title 25 - Property › Chapter 70. Manufactured Homes and Manufactured Home Communities Act › Subchapter II. Landlord-Tenant Relationship › § 7009. Term of rental agreement; renewal of rental agreement [For application of this section, see 79 Del. Laws, c. 304, § 7].

§ 7009. Term of rental agreement; renewal of rental agreement [For application of this section, see 79 Del. Laws, c. 304, § 7].
(a) The duration of a rental agreement for a lot in a manufactured home community is 1 year unless a shorter or longer duration is mutually agreed upon by the parties and is designated in writing within the rental agreement.
(b) The rental agreement automatically renews unless either of the following occur:
(1) The tenant notifies the landlord in writing, a minimum of 60 days prior to the expiration of the rental agreement, that the tenant does not intend to renew it, or a shorter or longer period of time as is mutually agreed upon by the parties.
(2) The landlord notifies the tenant in writing, a minimum of 90 days prior to the expiration of the rental agreement, that the agreement will not be renewed for due cause under § 7016 or § 7024 of this title.
(c) If the rental agreement is not terminated under subsection (b) of this section, the rental agreement renews for the same duration and with the same terms, conditions, and provisions as the original agreement, with the following exceptions:
(1) All parties mutually agree, in writing, to permitted modifications.
(2) Rent modified under subchapter VI of this title.
25 Del. C. 1953, §  7009;  58 Del. Laws, c. 286;  58 Del. Laws, c. 472, §  4;  65 Del. Laws, c. 446, §  1;  74 Del. Laws, c. 35, §  2;  79 Del. Laws, c. 63, §  4;  82 Del. Laws, c. 38, § 12;
2023 Delaware Code › Title 25 - Property › Chapter 70. Manufactured Homes and Manufactured Home Communities Act › Subchapter II. Landlord-Tenant Relationship › § 7010. Rent — Prohibited lump sum payments: acceptance of rent.

§ 7010. Rent — Prohibited lump sum payments:
acceptance of rent.
(a) Rental payments must be paid by the tenant to the community owner or landlord in equal dollar amounts, or as close thereto as possible, and must be extended equally, pro rata, over a calendar year. Any provision in a rental agreement, or otherwise, that requires rental payments or rental increases to be paid in 1 lump sum is void. However, a tenant may request and the community owner or landlord may agree that rental payment be made in a 1-time lump sum, semi-annual, or quarterly payment made by the tenant; nor does this subsection prevent a community owner or landlord from offering discounts as incentives to homeowners to pay annually, semi-annually, or quarterly, provided it is made clear that the homeowners are under no obligation to pay in any way except monthly.
(b) If a community owner or landlord accepts a cash payment for rent, the community owner or landlord shall, within 3 days, give the tenant a receipt for that payment. The community owner or landlord must maintain a record of all cash receipts for rent for 3 years.
77 Del. Laws, c. 53, §  2;  82 Del. Laws, c. 38, § 13;
2023 Delaware Code › Title 25 - Property › Chapter 70. Manufactured Homes and Manufactured Home Communities Act › Subchapter II. Landlord-Tenant Relationship › § 7011. Holdover remedies after rental agreement terminates, expires, or is not renewed.

§ 7011. Holdover remedies after rental agreement terminates, expires, or is not renewed.
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. 1953, §  7012;  58 Del. Laws, c. 286;  58 Del. Laws, c. 472, §  4;  65 Del. Laws, c. 446, §  1;  74 Del. Laws, c. 35, §  2;  82 Del. Laws, c. 38, § 14;
2023 Delaware Code › Title 25 - Property › Chapter 70. Manufactured Homes and Manufactured Home Communities Act › Subchapter II. Landlord-Tenant Relationship › § 7012. Effect of unsigned rental agreement.

§ 7012. Effect of unsigned rental agreement.
(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. 1953, §  7008;  58 Del. Laws, c. 286;  58 Del. Laws, c. 472, §  4;  65 Del. Laws, c. 446, §  1;  74 Del. Laws, c. 35, §  2;  74 Del. Laws, c. 147, §  10;  82 Del. Laws, c. 38, § 15;
2023 Delaware Code › Title 25 - Property › Chapter 70. Manufactured Homes and Manufactured Home Communities Act › Subchapter II. Landlord-Tenant Relationship › § 7014. Modified Table of Consanguinity.

§ 7014. Modified Table of Consanguinity.
Degrees of relationship of family members designated by the number in the box with the relationship in the following table:
Table of Consanguinity
82 Del. Laws, c. 38, § 17;
2023 Delaware Code › Title 25 - Property › Chapter 70. Manufactured Homes and Manufactured Home Communities Act › Subchapter II. Landlord-Tenant Relationship › § 7015. Delivery of written notice.

§ 7015. Delivery of written notice.
(a) Unless otherwise specified, notice required by this chapter may be served personally upon a tenant of a manufactured home community by leaving a copy of the notice at the tenant's dwelling place with an adult person who resides therein. Notice required under subchapters I through V of this chapter may be served personally upon a landlord or upon any other person in the employ of the landlord whose responsibility is to accept such service. If a landlord is a corporation, firm, unincorporated association, or other artificial entity, service of the notice may be made by leaving a copy of the notice at its office or place of business with an agent authorized to accept such notice or authorized by law to receive service of process. Service of notice or process may be obtained through personal service by a special process-server appointed by the court.
(b) In lieu of personal service, notice required under subchapters I through V of this chapter may be sent by regular first class mail with proof of mailing or by certified mail, return receipt requested, to the tenant at the address of the tenant's rented lot, or at an alternative address which the tenant provided in writing to the landlord. Notice required under subchapters I through V of this chapter may be sent by regular first class mail with proof of mailing or by certified mail, return receipt requested, to the landlord at the landlord's last known dwelling place or at the landlord's last known office or place of business. Proof of mailing regular first class mail on U.S. Postal Service Form 3817 or its successor, or a return receipt, signed or unsigned, for certified mail constitutes valid service of any notice required under subchapters I through V of this chapter.
65 Del. Laws, c. 446, §  1;  66 Del. Laws, c. 268, §  1;  74 Del. Laws, c. 35, §  2;  82 Del. Laws, c. 38, § 18;
2023 Delaware Code › Title 25 - Property › Chapter 70. Manufactured Homes and Manufactured Home Communities Act › Subchapter II. Landlord-Tenant Relationship › § 7018. Rules.

§ 7018. Rules.
(a) A landlord may promulgate reasonable written rules concerning the occupancy and use of the premises and the use of the landlord's property, and concerning the behavior of manufactured home community tenants, residents, guests, and visitors, provided that the rules further any of the following purposes:
(1) Promoting the health, safety, or welfare of tenants, residents, guests, or visitors.
(2) Promoting the residents' quiet enjoyment.
(3) Preserving the property values of tenants or the landlord.
(4) Promoting the orderly and efficient operation of the manufactured home community.
(5) Preserving the tenants' or landlords' property from abuse.
(b) A landlord may not arbitrarily or capriciously enforce a rule. A landlord may choose not to enforce a rule based upon the documented special needs or hardship of a tenant or resident without waiving the right to the later enforcement of the rule as to that tenant or resident or any other tenant or resident.
(c) A landlord may amend an existing rule at any time, but the amended rule is not effective until the date specified in the amended rule or 60 days after the landlord delivers to the tenant written notice of the amended rule, whichever is later.
(1) Within 10 days of the landlord's notice of an amended rule, a committee, not to exceed 5 members, may be chosen by any method agreed to by the tenants of the manufactured home community.
(2) The committee shall meet with the landlord at a mutually convenient time and place to discuss the amended rule.
(3) At the meeting, the landlord shall disclose and explain all material factors and present any supporting documentation for the amended rule.
65 Del. Laws, c. 446, §  1;  74 Del. Laws, c. 35, §  2;  82 Del. Laws, c. 38, § 22;
2023 Delaware Code › Title 25 - Property › Chapter 70. Manufactured Homes and Manufactured Home Communities Act › Subchapter II. Landlord-Tenant Relationship › § 7022C. Recreational vehicle leases.

§ 7022C. Recreational vehicle leases.
No community owner may issue a lot lease for the rental of ground in a manufactured home community upon which a camper trailer, recreational vehicle, motor home, or similar vehicle or trailer is placed or shall be placed if the community owner knows or should know that the vehicle or trailer is likely to be used as the tenant's primary residence. This prohibition does not apply to lot leases issued to tenants who are current residents in the community and for whom the vehicle or trailer in question is their primary residence.
83 Del. Laws, c. 358, § 2;
2023 Delaware Code › Title 25 - Property › Chapter 70. Manufactured Homes and Manufactured Home Communities Act › Subchapter III. Termination of Rental Agreement; Change in Land Use › § 7023. Change of use; conversion.

§ 7023. Change of use; conversion.
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.
74 Del. Laws, c. 35, §  2;  82 Del. Laws, c. 38, § 29;
2023 Delaware Code › Title 25 - Property › Chapter 70. Manufactured Homes and Manufactured Home Communities Act › Subchapter IV. Right of First Offer › § 7026. Right of first offer; duty to negotiate in good faith, penalties for noncompliance.

§ 7026. Right of first offer; duty to negotiate in good faith, penalties for noncompliance.
(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.
74 Del. Laws, c. 35, §  2;  70 Del. Laws, c. 186, §  1;  76 Del. Laws, c. 336, §  1;  77 Del. Laws, c. 238, §§  2-20;  79 Del. Laws, c. 330, §  1;  82 Del. Laws, c. 38, § 32;  83 Del. Laws, c. 283, § 40;
2023 Delaware Code › Title 25 - Property › Chapter 70. Manufactured Homes and Manufactured Home Communities Act › Subchapter IV. Right of First Offer › § 7028. Right of first offer; notice not required before sale of manufactured home community.

§ 7028. Right of first offer; notice not required before sale of manufactured home community.
A manufactured home community owner is not required to give notice of or extend a right of first offer to a homeowner association, DMHOA or its successor, or the Authority under the any of the following circumstances:
(1) A bank, mortgage company, or any other mortgagee has foreclosed on the community and the mortgagee is selling the community at a foreclosure sale, or is selling the community after having purchased the community at a foreclosure sale.
(2) The sale, transfer, or conveyance of the community is to a family member of the community owner on the modified Table of Consanguinity under § 7014 of this title or to a trust, the beneficiaries of which are family members of the owner on the modified Table of Consanguinity; or the sale, transfer, or conveyance is to a family member on the modified Table of Consanguinity who is included within the line of intestate succession if the community owner dies intestate.
(3) The sale, transfer, or conveyance is by a partnership to 1 or more of its partners.
(4) The sale, transfer, or conveyance is between joint tenants or tenants-in-common.
(5) The sale, transfer, or conveyance is by gift, devise, or operation of law.
(6) The sale, transfer, or conveyance is pursuant to eminent domain.
(7) The sale, transfer, or conveyance is to an affiliate. An “affiliate” means an individual, corporation, limited partnership, unincorporated association, or entity that holds any direct or indirect ownership interest in the community, except that the notice and extension of the right of first offer must be granted to a homeowner association where the majority interest in the ownership of the community or the power, directly or indirectly, to direct or cause the direction of the management and policies over the community, whether through ownership of voting stock, by contract, or otherwise, is sold, transferred, or conveyed to any individual, corporation, limited partnership, unincorporated association, or other entity which has not held such a direct or indirect ownership interest in the community for 3 or more years.
(8) The sale, transfer, or conveyance is an exchange of the manufactured housing community for all, or substantially all, of other real property under § 1031 of the Internal Revenue Code (26 U.S.C. § 1031) or any other provision of the Internal Revenue Code that allows for exchanges or tax-free exchanges, regardless of whether the exchange also involves the payment of cash or other consideration.
(9) A change in use of the manufactured home community by the existing community owner.
82 Del. Laws, c. 38, § 32;