reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 25 - Property › Chapter 40. RIGHTS AND TITLE TO ABANDONED PERSONAL PROPERTY › § 4006. Motor vehicles.

§ 4006. Motor vehicles.
In the case of motor vehicles, the court shall enter an order requiring the Division of Motor Vehicles to issue title to the vehicle in the name of the petitioner or other person who has purchased the vehicle through sheriff's or constable's sale, and the petitioner or other person to whom title to the vehicle is to be issued shall present to the Division of Motor Vehicles a copy of the order of the court with the court's seal affixed thereto. Upon receipt of the Certified Order, the Division of Motor Vehicles shall issue title as directed by the court.
72 Del. Laws, c. 192, §  1;  73 Del. Laws, c. 283, §  3;  74 Del. Laws, c. 110, §  139;  78 Del. Laws, c. 21, §  6;
2023 Delaware Code › Title 25 - Property › Chapter 40. RIGHTS AND TITLE TO ABANDONED PERSONAL PROPERTY › § 4007. Jurisdiction.

§ 4007. Jurisdiction.
The Justice of the Peace Courts, Court of Common Pleas and Superior Court shall have concurrent jurisdiction over actions instituted under this chapter.
72 Del. Laws, c. 192, §  1;  78 Del. Laws, c. 21, §  6;
2023 Delaware Code › Title 25 - Property › Chapter 41. LIEN OF OWNER OF THRESHING MACHINE, CORN PICKER OR HAY BALER › § 4101. Priority of lien.

§ 4101. Priority of lien.
The owner of a threshing machine, corn picker or hay baler shall have first lien upon any wheat, corn, hay or other grain threshed, picked or baled by that owner with the threshing machine, corn picker or hay baler to the full amount of the owner's claim or bill for threshing, picking or baling the same. If any chattel mortgage or other lien or claim of any kind whatsoever is placed upon any such wheat, corn, hay or other grain, either before or after the same is threshed, picked or baled, such chattel mortgage or other lien or claim shall always be subject to such claim for threshing, picking or baling; and, in case of the sale of any such wheat, corn, hay or other grain, upon any claim whatsoever, the claim for threshing, picking or baling the same shall be paid out of the proceeds of any such sale before any part of such proceeds of such sale is applied to any other claim.
35 Del. Laws, c. 184, §  1;  Code 1935, §  3352;  47 Del. Laws, c. 350;  25 Del. C. 1953, §  4101;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 41. LIEN OF OWNER OF THRESHING MACHINE, CORN PICKER OR HAY BALER › § 4102. Removal of grain under lien.

§ 4102. Removal of grain under lien.
No person shall take, remove or carry away from the premises where it is threshed any wheat, corn, hay or other grain upon which there is a lien of any kind without the written consent of the person having such lien or without first paying in full the claim or bill of the person having such lien.
35 Del. Laws, c. 184, §  2;  Code 1935, §  3353;  25 Del. C. 1953, §  4102;
2023 Delaware Code › Title 25 - Property › Chapter 41. LIEN OF OWNER OF THRESHING MACHINE, CORN PICKER OR HAY BALER › § 4103. Penalties.

§ 4103. Penalties.
(a) Whoever violates this chapter shall be fined not less than $10 nor more than $100 for each offense.
(b) Justices of the peace shall have jurisdiction of offenses under this section.
35 Del. Laws, c. 184, §  3;  Code 1935, §  3354;  25 Del. C. 1953, §  4103;
2023 Delaware Code › Title 25 - Property › Chapter 43. HOSPITAL LIENS › § 4301. Liens in favor of charitable hospitals.

§ 4301. Liens in favor of charitable hospitals.
Every charitable association, corporation or other institution maintaining a hospital in this State, supported in whole or in part by private charity, shall have a lien upon any and all claims or demands, all rights of action, suits, counterclaims of any person admitted to any such hospital and receiving treatment, care and maintenance therein which arise out of any personal injuries received in any such accident which any such injured person may have, assert or maintain against any such other person or corporation for damages, compensation or other claim on account of such injuries for the amount of the reasonable charges of such hospital for all medical treatment, care and nursing and maintenance of such injured person while in such hospital 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.
37 Del. Laws, c. 179, §  1;  Code 1935, §  3360;  25 Del. C. 1953, §  4301;  84 Del. Laws, c. 42, § 109;
2023 Delaware Code › Title 25 - Property › Chapter 43. HOSPITAL LIENS › § 4302. Establishment of lien; notice of claim.

§ 4302. Establishment of lien; notice of claim.
A charitable association, corporation or other institution shall file in the office of the prothonotary of the county in which such injuries shall have occurred a notice in writing, containing the names and addresses of the injured person, the date of the accident, the name and location of the hospital and, if then known, the name of the person alleged to be liable to such injured person by reason of the injuries received, prior to the payment of any moneys to such injured person or such injured person's legal representative by such person to such injured person. Copies of the notice shall be sent by registered mail by the hospital to such injured person and all parties in interest who are then known. Thereafter an affidavit by a competent person acting on behalf of such institution, setting forth such service, and all attempts to serve the same shall be filed in the office of the prothonotary.
37 Del. Laws, c. 179, §  2;  Code 1935, §  3361;  25 Del. C. 1953, §  4302;  84 Del. Laws, c. 42, § 110;
2023 Delaware Code › Title 25 - Property › Chapter 43. HOSPITAL LIENS › § 4303. Attachment of lien to judgment.

§ 4303. Attachment of lien to judgment.
The lien of any hospital shall attach to any verdict, report, decision, decree, award, judgment or final order made or rendered in any action or proceeding in any court of record of Delaware or any public board or bureau in any suit, action, or proceeding brought by the injured person or by the estate of the injured person, in case of deaths as the result of such injuries, against any other person for the recovery of damages or other compensation or payment in any way arising out of injuries received in any such accident, as well as to the proceeds of any settlement thereof, any claim or demand effected by any such injured person or on such injured person's behalf with any other person or corporation in any way liable to the injured person or the injured person's legal representative in case of death, by reason of the injuries effected with any other person on account thereof.
37 Del. Laws, c. 179, §  3;  Code 1935, §  3362;  25 Del. C. 1953, §  4303;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 43. HOSPITAL LIENS › § 4304. Release as effective; liability of person making payment; limitation.

§ 4304. Release as effective; liability of person making payment; limitation.
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.
37 Del. Laws, c. 179, §  4;  Code 1935, §  3363;  25 Del. C. 1953, §  4304;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 43. HOSPITAL LIENS › § 4305. Recording of liens; fees.

§ 4305. Recording of liens; fees.
(a) Every prothonotary shall, at the expense of the county, provide a suitable, well-bound book, to be called the Hospital Lien Docket, in which, upon the filing of any lien claim under this chapter, the prothonotary shall enter the name of the injured person, the date of the accident, the name of the hospital or other institution making the claim and the filing of an affidavit setting forth the service of or attempts to serve of all parties in interest.
(b) The prothonotary shall make a proper index of the Docket in the name of the injured person and shall be entitled to $1 for filing each claim and at the rate of 25 cents per folio for such entry made in the Lien Docket and 25 cents for every search in the office for such lien claim.
37 Del. Laws, c. 179, §  5;  Code 1935, §  3364;  25 Del. C. 1953, §  4305;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 43. HOSPITAL LIENS › § 4306. Examination of hospital records.

§ 4306. Examination of hospital records.
Any person legally liable or against whom a claim shall be asserted for compensation for injuries shall be permitted to examine the records of any association, corporation or other institution or body maintaining a hospital in reference to the treatment, care and maintenance of the injured person.
37 Del. Laws, c. 179, §  6;  Code 1935, §  3365;  25 Del. C. 1953, §  4306;
2023 Delaware Code › Title 25 - Property › Chapter 45. WATER RENT LIENS IN WILMINGTON › § 4501. Priority of lien; transfer of lien upon execution sale.

§ 4501. Priority of lien; transfer of lien upon execution sale.
(a) All water rents laid or imposed by the Board of Water Commissioners for the City of Wilmington, remaining unpaid and in arrears for 30 days after they become due, shall be and constitute a lien upon the lands and premises of the owner to which the water was furnished. Such liens shall have preference and priority to all liens of recognizance, mortgage or judgment on such lands and premises created or suffered by the owner, although such other lien or liens shall be of a date prior to the time of the attaching of such lien for water rents.
(b) In case of the sale under execution process of any lands and premises upon which liens for water rents exist, the liens shall be transferred to the fund arising from the sale in the hands of the officer making the sale, and the real estate so sold shall be discharged therefrom.
43 Del. Laws, c. 142, §  1;  25 Del. C. 1953, §  4501;
2023 Delaware Code › Title 25 - Property › Chapter 45. WATER RENT LIENS IN WILMINGTON › § 4502. Duration of lien.

§ 4502. Duration of lien.
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.
43 Del. Laws, c. 142, §  2;  25 Del. C. 1953, §  4502;
2023 Delaware Code › Title 25 - Property › Chapter 46. LIENS FOR RAZING OR DEMOLITION OF STRUCTURES BY PUBLIC EXPENDITURE › § 4602. Demolition; priority of lien; transfer of lien upon executed sale.

§ 4602. Demolition; priority of lien; transfer of lien upon executed sale.
Any lien filed pursuant to this chapter shall have priority over any other lien upon or interest in the lands and premises upon which the razed or demolished building or structure was situated, even though such other lien was entered of record or such interest vested prior to the date of filing of the lien arising under this chapter, excepting any lien for taxes. In the case of sale under execution process of any premises upon which any lien for such public expenditures exists, the lien shall be transferred to the fund arising from the sale in the hands of the officer making the sale, and the premises so sold shall be discharged therefrom.
60 Del. Laws, c. 684, §  1;  61 Del. Laws, c. 175, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 46. LIENS FOR RAZING OR DEMOLITION OF STRUCTURES BY PUBLIC EXPENDITURE › § 4604. Improvements; priority of lien; transfer of lien upon executed sale.

§ 4604. Improvements; priority of lien; transfer of lien upon executed sale.
Any lien filed pursuant to this chapter shall have priority over any other lien upon or interest in the lands and premises upon which the building or structure which has received exterior improvements was situated, even though such other lien was entered of record or such interest vested prior to the date of filing of the lien arising under this chapter, excepting any lien for taxes. In the case of sale under execution process of any premises upon which any lien for such public expenditures exists, the lien shall be transferred to the fund arising from the sale in the hands of the officer making the sale, and the premises so sold shall be discharged therefrom.
67 Del. Laws, c. 127, §  2;
2023 Delaware Code › Title 25 - Property › Chapter 47. FIRE INSURANCE TO PROTECT LIENHOLDER › § 4701. Failure to obtain fire insurance on demand of lienholder.

§ 4701. Failure to obtain fire insurance on demand of lienholder.
Any person, failing within 30 days after notice to furnish to any lienholder of record an adequate fire insurance policy or policies, the premium or premiums upon which have been paid in full in an amount sufficient to protect the interest of the lienholder, shall forfeit the right to procure such policy or policies of fire insurance, and the lienholder of record may obtain the necessary fire insurance and charge the premium or premiums paid to the principal amount of the indebtedness.
40 Del. Laws, c. 239, §  1;  Code 1935, §  3387;  25 Del. C. 1953, §  4701;
2023 Delaware Code › Title 25 - Property › Chapter 47. FIRE INSURANCE TO PROTECT LIENHOLDER › § 4702. Right of mortgagee to recover fire insurance premiums.

§ 4702. Right of mortgagee to recover fire insurance premiums.
Any mortgagee having paid any premium or premiums of fire insurance covering the mortgaged premises shall, in any action of scire facias sur mortgage or other civil action, obtain in the final judgment in the cause the amount of money paid for such fire insurance premium or premiums. There shall be set forth in the affidavit of demand filed in the action an itemized list of the insurance premium or premiums paid, the total amount of the payments thereof and that the amount has been paid. There shall be attached to the affidavit of demand fire insurance premium receipts from the agent issuing the policy or policies.
40 Del. Laws, c. 239, §  2;  Code 1935, §  3388;  25 Del. C. 1953, §  4702;
2023 Delaware Code › Title 25 - Property › Chapter 49. SELF-SERVICE STORAGE FACILITIES › § 4902. Definitions.

§ 4902. Definitions.
As used in this chapter, unless the context clearly requires otherwise, the following words shall have the following meaning:
(1) “Electronic mail” means communication delivered by electronic means as set forth in § 107(a)(1)a. and b. of Title 18.
(2) “Last-known address” means that address provided by the occupant in the latest rental agreement or the address provided by the occupant in a subsequent written notice of a change of address.
(3) “Occupant” means a person, that person's sublessee, successor or assign, entitled to the use of the storage space at a self-service storage facility under a rental agreement, to the exclusion of others.
(4) “Owner” means the owner, operator, lessor or sublessor of a self-service storage facility, such person's agent or any other person authorized by the owner, operator, lessor or sublessor of a self-storage facility to manage the facility or to receive rent from an occupant under a rental agreement.
(5) “Personal property” means movable property not affixed to land and includes, but is not limited to, goods, merchandise and household items.
(6) “Rental agreement” means any agreement or lease, written or oral, that establishes or modifies the terms, conditions, rules or any other provisions concerning the use and occupancy of a self-service storage facility.
(7) “Self-service storage facility” means any real property designed and used for the purpose of renting or leasing individual storage space to occupants who are to have access to such for the purpose of storing and removing personal property. No occupant shall use a self-service storage facility for residential purposes. A self-service storage facility is not a warehouse as used in Article 7 of Title 6. If an owner issues any warehouse receipt, bill of lading or other document of title for the personal property stored, the owner and the occupant are subject to Article 7 of Title 6, and this chapter does not apply.
(8) “Verified mail” means any method of mailing that is offered by the United States Postal Service or private delivery service that provides evidence of mailing.
62 Del. Laws, c. 364, §  1;  70 Del. Laws, c. 186, §  1;  80 Del. Laws, c. 266, § 1;  84 Del. Laws, c. 42, §§ 1, 111;
2023 Delaware Code › Title 25 - Property › Chapter 49. SELF-SERVICE STORAGE FACILITIES › § 4903. Creation of lien.

§ 4903. Creation of lien.
The owner of a self-service storage facility and the owner's heirs, executors, administrators, successors and assigns have a lien upon all personal property located at a self-service storage facility for rent, labor or other charges, present or future, in relation to the personal property and for expenses necessary for its preservation or expenses reasonably incurred in its sale or other disposition pursuant to this chapter. The lien provided for in this section is superior to any other lien or security interest, except liens or security interests secured by motor vehicles titled pursuant to Chapter 23 of Title 21. The lien attaches as of the date the personal property is brought to the self-service storage facility; provided that the written rental agreement states that such lien will attach.
62 Del. Laws, c. 364, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 49. SELF-SERVICE STORAGE FACILITIES › § 4905. Construction of chapter.

§ 4905. Construction of chapter.
Nothing in this chapter shall be construed as in any manner impairing or affecting the right of parties to create liens by special contract or agreement, nor shall it in any manner affect or impair other liens arising at common law or in equity, or by any statute of this State, or any other lien provided for in §§ 4902-4904 of this title.
62 Del. Laws, c. 364, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 50. LIENS AND ESTATE RECOVERIES › § 5001. Definitions.

§ 5001. Definitions.
(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.
69 Del. Laws, c. 392, §  1;  70 Del. Laws, c. 545, §§  1, 2;
2023 Delaware Code › Title 25 - Property › Chapter 50. LIENS AND ESTATE RECOVERIES › § 5002. Liens; notice.

§ 5002. Liens; notice.
(a) Subject to the provisions of subsections (b) and (c) of this section, for any individual who is 55 years of age or older when the individual receives services in a long-term care facility under the auspices of the Department, a lien shall be created against all real property of such individual, prior to the individual's death, upon approval of such individual for, and receipt of, services that will be paid on that individual's behalf, fully or in part by the Department, and only after notice and opportunity for a hearing before the Department to establish that the person cannot reasonably be expected to return home.
(b) No lien may be imposed on an individual's home under subsection (a) of this section if any of the following persons is lawfully residing in the home:
(1) The spouse of the individual;
(2) The individual's child who is either under the age of 21, blind or permanently and totally disabled; or
(3) A sibling of the individual who has an equity interest in the home and who was residing in the home for a period of at least 1 year immediately prior to the date of the individual's admission to the long-term care facility.
(c) The lien shall attach to real property upon the recording of a notice of lien being recorded by the Department at the Recorder of Deeds office in the county where such real property is located.
(d) The lien may be released by the Department recording a release of lien form at the Recorder of Deeds office in the county where the real property is located.
(e) Any lien imposed pursuant to this section shall dissolve and be null and void upon the individual's discharge from the long-term care facility and return home. Any such lien shall be released by the Department upon such discharge.
69 Del. Laws, c. 392, §  1;  70 Del. Laws, c. 545, §§  3-5;
2023 Delaware Code › Title 25 - Property › Chapter 50. LIENS AND ESTATE RECOVERIES › § 5003. Estate recovery.

§ 5003. Estate recovery.
In the case of any individual receiving long-term care from the Department, the Department shall seek recovery for any disbursements made on behalf of such individual under the State Plan for Medical Assistance, from the individual's estate or upon sale of property subject to a lien. The Department will seek recovery of moneys expended for correctly paid medical assistance from all periods of eligibility for medical assistance on behalf of the individual only:
(1) After the death of the individual and the death of a surviving spouse who was residing in the home on a continuous basis; and
(2) In the case of liens on an individual's home, when there is no:
a. Surviving child who is blind or disabled as defined in accordance with the disability rule of the federally administered Supplemental Security Income (Title XVI of the Social Security Act [42 U.S.C. §§ 1381-1383f]) who was residing in the home on a continuous basis immediately prior to the death of the individual; or
b. Nondisabled child or sibling of the individual lawfully residing in the home, who has resided there for a period of at least 2 years immediately prior the date of the individual's admission to a long-term care service, who has lawfully resided there on a continuous basis since that time, and who can establish to the Department's satisfaction that the person provided the care that permitted the individual to reside in the home rather than in a long-term care facility; or
c. Minor child who was residing in the home on a continuous basis immediately prior to the death of the individual, until that child reaches majority.
69 Del. Laws, c. 392, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 50. LIENS AND ESTATE RECOVERIES › § 5004. Voluntary reimbursement.

§ 5004. Voluntary reimbursement.
The Department shall accept reimbursement for medical assistance it has rendered when voluntarily offered by a current or former recipient of long-term care or someone acting on the recipient's behalf to offset any recovery under § 5003 of this title.
69 Del. Laws, c. 392, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 50. LIENS AND ESTATE RECOVERIES › § 5005. Undue hardship.

§ 5005. Undue hardship.
The Department shall, by October 13, 1994, establish procedures under which the Department shall waive the application of § 5003 of this title if it would work an undue hardship. However, a waiver granted pursuant to this section shall remain in effect only as long as the undue hardship condition continues.
69 Del. Laws, c. 392, §  1;  70 Del. Laws, c. 545, §§  6, 7;
2023 Delaware Code › Title 25 - Property › Chapter 51. GENERAL PROVISIONS › Subchapter I. Rights, Obligations and Procedures, Generally › § 5101. Applicability of Code.

§ 5101. Applicability of Code.
(a) This Code shall regulate and determine all legal rights, remedies and obligations of all parties and beneficiaries of any rental agreement of a rental unit within this State, wherever executed. Any rental agreement, whether written or oral, shall be unenforceable insofar as the agreement or any provision thereof conflicts with any provision of this Code, and is not expressly authorized herein. The unenforceability shall not affect other provisions of the agreement which can be given effect without the void provision.
(b) Any rental agreement for a commercial rental unit is excluded from this Code. All legal rights, remedies and obligations under any agreement for the rental of any commercial rental unit shall be governed by general contract principles; and only Chapter 57 of Title 25 and Part IV of Title 25 shall have any application to commercial rental agreements.
(c) This Code shall apply to any relationship between parties arising by law under a conditional sales agreement which has been converted to a landlord/tenant agreement by operation of § 314(d)(3) of this title, but shall not apply to any other conditional sales agreement.
70 Del. Laws, c. 513, §  1;  70 Del. Laws, c. 186, §  1;  76 Del. Laws, c. 311, §  4;
2023 Delaware Code › Title 25 - Property › Chapter 51. GENERAL PROVISIONS › Subchapter I. Rights, Obligations and Procedures, Generally › § 5102. Exclusions from application of this Code.

§ 5102. Exclusions from application of this Code.
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.
70 Del. Laws, c. 513, §  1;  80 Del. Laws, c. 8, §  1;  84 Del. Laws, c. 131, § 2;
2023 Delaware Code › Title 25 - Property › Chapter 51. GENERAL PROVISIONS › Subchapter I. Rights, Obligations and Procedures, Generally › § 5103. Jurisdiction.

§ 5103. Jurisdiction.
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 that person's own self or such person's personal representative to the jurisdiction of the courts of this State as to any action or proceeding for the enforcement of an obligation arising under this Code.
70 Del. Laws, c. 513, §  1;  70 Del. Laws, c. 186, §  1;  84 Del. Laws, c. 42, § 1;
2023 Delaware Code › Title 25 - Property › Chapter 51. GENERAL PROVISIONS › Subchapter I. Rights, Obligations and Procedures, Generally › § 5104. Obligations of good faith.

§ 5104. Obligations of good faith.
Every duty under this Code, and every act which must be performed as a condition precedent to the exercise of a right or remedy under this Code, imposes an obligation of good faith in its performance or enforcement.
70 Del. Laws, c. 513, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 51. GENERAL PROVISIONS › Subchapter I. Rights, Obligations and Procedures, Generally › § 5105. Disclosure.

§ 5105. Disclosure.
(a) On each written rental agreement, the landlord shall prominently disclose:
(1) The names and usual business addresses of all persons who are owners of the rental unit or the property of which the rental unit is a part, or the names and business addresses of their appointed resident agents; and/or
(2) The names and usual business addresses of any person who would be deemed a landlord of the unit pursuant to § 5141 of this title.
(b) Where there is a written rental agreement, the landlord shall provide a copy of such written rental agreement to the tenant, free of charge. In the case of an oral agreement, the landlord shall, on demand, furnish the tenant with a written statement containing the information required by subsection (a) of this section.
(c) Any owner or resident agent not dealing with the tenant as a landlord shall be responsible for compliance with this section by the landlord and may not take advantage of any failure to serve process upon such owner or resident agent in any proceeding arising under this Code where such failure is due to the owner or resident agent's failure to comply with this section.
70 Del. Laws, c. 513, §  1;  79 Del. Laws, c. 47, §  20;
2023 Delaware Code › Title 25 - Property › Chapter 51. GENERAL PROVISIONS › Subchapter I. Rights, Obligations and Procedures, Generally › § 5106. Rental agreement; term and termination of rental agreement.

§ 5106. Rental agreement; term and termination of rental agreement.
(a) No rental agreement, unless in writing, shall be effective for a longer term than 1 year.
(b) Where no term is expressly provided, a rental agreement for premises shall be deemed and construed to be for a month-to-month term.
(c) Subject to the provisions of § 5512 of this title, the landlord may terminate any rental agreement, other than month-to-month agreements, by giving a minimum of 60 days' written notice to the tenant prior to the expiration of the term of the rental agreement. The notice shall indicate that the agreement shall terminate upon its expiration date. A tenant may terminate a rental agreement by giving a minimum of 60 days' written notice prior to the expiration of the term of the rental agreement that the agreement shall terminate upon its expiration date.
(d) Where the term of the rental agreement is month-to-month, the landlord or tenant may terminate the rental agreement by giving the other party a minimum of 60 days' written notice, which 60-day period shall begin on the first day of the month following the day of actual notice.
(e) With regard to a tenant occupying a federally-subsidized housing unit, in the event of any conflict between the terms of this Code and the terms of any federal law, regulations or guidelines, the terms of the federal law, regulations or guidelines shall control.
70 Del. Laws, c. 513, §  1;  83 Del. Laws, c. 203, § 1;
2023 Delaware Code › Title 25 - Property › Chapter 51. GENERAL PROVISIONS › Subchapter I. Rights, Obligations and Procedures, Generally › § 5107. Renewals of rental agreements with modifications.

§ 5107. Renewals of rental agreements with modifications.
(a) If the landlord intends to renew the rental agreement subject to amended or modified provisions, the landlord shall give the tenant a minimum of 60 days' written notice prior to the expiration of the rental agreement that the agreement shall be renewed subject to amended or modified provisions, including, but not limited to, amended provisions relating to the length of term or the amount of security deposit or rent. Such notice shall specify the modified or amended provisions, the amount of any rent or security deposit and the date on which any modifications or amendments shall take effect.
(b) After receipt of such notice from the landlord, unless the tenant notifies the landlord of the tenant's intention to terminate the existing rental agreement a minimum of 45 days prior to the last day of the term, the provisions of the amended or modified rental agreement shall be deemed to have been accepted and agreed to by the tenant, and the terms of the lease, as amended, shall take full force and effect.
(c) If the tenant rejects the modified terms or provisions set forth in a notice of renewal given under this section, then the rejected notice of renewal shall be considered an effective termination notice.
(d) The terms of subsections (a) through (c) of this section shall not be applicable where the tenant's rent and security deposit are a function of the tenant's income in accordance with any form of regulations or guidelines of the United States Department of Housing and Urban Development (HUD); in the event that they are a function of income, the regulations and guidelines established by HUD with regard to the determination and future adjustments of a tenant's rent and security deposit shall govern. With regard to a tenant's occupying HUD-subsidized units, in the event of any conflict between the terms of this Code and the terms of any HUD regulation or guideline, the terms of a HUD regulation or guideline shall control.
70 Del. Laws, c. 513, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 51. GENERAL PROVISIONS › Subchapter I. Rights, Obligations and Procedures, Generally › § 5108. Rental agreement; automatic extension of agreements where parties fail to terminate or renew subject to modifications.

§ 5108. Rental agreement; automatic extension of agreements where parties fail to terminate or renew subject to modifications.
(a) Where a rental agreement, other than for farm unit, is for 1 or more years, and 60 days or upward before the end of the term either the landlord does not give notice in writing to the tenant of landlord's intention to terminate the rental agreement and the tenant does not give 45 days' notice to the landlord of tenant's intention to terminate the rental agreement, the term shall be month-to-month, and all other terms of the rental agreement shall continue in full force and effect.
(b) The provisions of § 5107(a) through (c) of this title shall control if a notice of renewal with modifications has been sent.
(c) With regard to a tenant occupying a federally-subsidized housing unit, in the event of any conflict between the terms of this Code and the terms of any federal law, regulations or guidelines, the terms of the federal law, regulations or guidelines shall control.
70 Del. Laws, c. 513, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 51. GENERAL PROVISIONS › Subchapter I. Rights, Obligations and Procedures, Generally › § 5109. Rental agreement; promises mutual and dependent.

§ 5109. Rental agreement; promises mutual and dependent.
(a) Material promises, agreements, covenants or undertakings of any kind to be performed by either party to a rental agreement shall be interpreted as mutual and dependent conditions to the performance of material promises, agreements, covenants and undertakings by the other party.
(b) A party undertaking to remedy a breach by the other party in accordance with this Code shall be deemed to have complied with the terms of this Code if their noncompliance with the exact instructions of this Code is nonmaterial and nonprejudicial to the other party.
70 Del. Laws, c. 513, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 51. GENERAL PROVISIONS › Subchapter I. Rights, Obligations and Procedures, Generally › § 5110. Rental agreement; effect of unsigned rental agreement.

§ 5110. Rental agreement; 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 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.
70 Del. Laws, c. 513, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 51. GENERAL PROVISIONS › Subchapter I. Rights, Obligations and Procedures, Generally › § 5111. Attorneys' fees prohibited.

§ 5111. Attorneys' fees prohibited.
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.
70 Del. Laws, c. 513, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 51. GENERAL PROVISIONS › Subchapter I. Rights, Obligations and Procedures, Generally › § 5112. Time computation.

§ 5112. Time computation.
In computing any period of time prescribed or allowed by order of the Court or by any applicable statute, the day of the act, event or default from which the designated period of time begins to run shall not be included unless specifically included by statute, order or rule. The last day of the period so computed shall be included, unless it is a Saturday, Sunday or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday or a legal holiday. When the period of time prescribed or allowed is less than 7 days, intermediate Saturdays, Sundays and legal holidays shall be excluded from the computation.
70 Del. Laws, c. 513, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 51. GENERAL PROVISIONS › Subchapter I. Rights, Obligations and Procedures, Generally › § 5113. Service of notices or pleadings and process.

§ 5113. Service of notices or pleadings and process.
(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.
70 Del. Laws, c. 513, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 51. GENERAL PROVISIONS › Subchapter I. Rights, Obligations and Procedures, Generally › § 5114. Notice; contractual notice between the parties.

§ 5114. Notice; contractual notice between the parties.
A person has notice of a fact if:
(1) The person has actual knowledge of it;
(2) The person has received a notice pursuant to the provisions of this Code; or
(3) From all the facts and circumstances known at the time in question, such person has reason to know that it exists.
70 Del. Laws, c. 513, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 51. GENERAL PROVISIONS › Subchapter I. Rights, Obligations and Procedures, Generally › § 5115. Application for a forthwith summons.

§ 5115. Application for a forthwith summons.
Where the landlord alleges and by substantial evidence demonstrates to the Court that a tenant has caused substantial or irreparable harm to landlord's person or property, or where the tenant alleges and by substantial evidence demonstrates to the Court that the landlord has caused substantial or irreparable harm to the tenant's person or property, the Justice of the Peace Court shall issue a forthwith summons to expedite the Court's consideration of the allegations.
70 Del. Laws, c. 513, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 51. GENERAL PROVISIONS › Subchapter I. Rights, Obligations and Procedures, Generally › § 5116. Fair housing provisions.

§ 5116. Fair housing provisions.
(a) No person, being an owner or agent of any real estate, house, apartment or other premises, shall 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, or occupation or because the tenant or person has a child or children in the family.
(b) No person shall 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, or occupation or has a child or children in the family.
(c) In the event of discrimination under this section, the tenant may recover damages sustained as a result of the landlord's action, including, but not limited to, reasonable expenditures necessary to obtain adequate substitute housing.
(d) Notwithstanding subsection (a) of this section relating to age discrimination, and consistent with federal and state fair housing acts, a landlord may make rental units available exclusively for rental by senior citizens. A senior citizen rental unit shall 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, or occupation of the senior citizen and without regard to whether or not the senior citizen has a dependent child or children in the residence.
(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.
70 Del. Laws, c. 513, §  1;  77 Del. Laws, c. 90, §  21;  79 Del. Laws, c. 47, §  21;  80 Del. Laws, c. 355, § 8;
2023 Delaware Code › Title 25 - Property › Chapter 51. GENERAL PROVISIONS › Subchapter I. Rights, Obligations and Procedures, Generally › § 5117. Remedies for violation of the rental agreement or the Code.

§ 5117. Remedies for violation of the rental agreement or the Code.
(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.
70 Del. Laws, c. 513, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 51. GENERAL PROVISIONS › Subchapter I. Rights, Obligations and Procedures, Generally › § 5118. Summary of residential landlord-tenant code.

§ 5118. Summary of residential landlord-tenant code.
A summary of the Landlord-Tenant Code, as prepared by the Consumer Protection Unit of the Attorney General's Office or its successor agency, shall be given to the new tenant at the beginning of the rental term. If the landlord fails to provide the summary, the tenant may plead ignorance of the law as a defense.
70 Del. Laws, c. 513, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 51. GENERAL PROVISIONS › Subchapter I. Rights, Obligations and Procedures, Generally › § 5120. Landlord liens; distress for rent.

§ 5120. Landlord liens; distress for rent.
(a) The right of the landlord of distress for rent is hereby abolished, except as otherwise provided herein.
(b) Unless perfected before the effective date of this Code, no lien on behalf of the landlord in the personal property and possessions of the tenant shall be enforceable, except as otherwise provided herein.
25 Del. C. 1953, §  6103;  58 Del. Laws, c. 472, §  1;  70 Del. Laws, c. 513, §  5;
2023 Delaware Code › Title 25 - Property › Chapter 51. GENERAL PROVISIONS › Subchapter I. Rights, Obligations and Procedures, Generally › § 5121. Confession of judgment.

§ 5121. 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;  70 Del. Laws, c. 513, §  6;
2023 Delaware Code › Title 25 - Property › Chapter 51. GENERAL PROVISIONS › Subchapter I. Rights, Obligations and Procedures, Generally › § 5122. Equitable jurisdiction relating to converted conditional sales agreements.

§ 5122. Equitable jurisdiction relating to converted conditional sales agreements.
In addition to any other equitable authority granted to, or inherent in the powers of, the Justice of the Peace Court to hear and properly dispose of actions brought under Chapters 51 through 57, 63 and 70 of this title, that Court shall have the equitable jurisdiction, concurrent with the Court of Chancery, to fully determine the rights of all parties at the time of hearing any matter brought pursuant to the conversion of a conditional sales agreement to a landlord/tenant agreement by operation of § 314(d)(3) of this title. Such authority shall include, but not be limited to, an accounting for all payments made under the conditional sales agreement prior to the conversion of the contract to a landlord/tenant agreement.
76 Del. Laws, c. 311, §  5;