reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 25 - Property › Chapter 56. Right to Legal Representation in Evictions and Other Landlord-Tenant Actions [Effective Nov. 22, 2023]. › § 5606. Additional required disclosures [Effective Nov. 22, 2023].

§ 5606. Additional required disclosures [Effective Nov. 22, 2023].
A landlord, or “housing authority” as defined under § 4301 of Title 31, shall provide a tenant with informational materials approved by the Coordinator that explain legal representation available to tenants, including a right to representation under this chapter, and identifies available resources. The Coordinator shall prepare the informational materials in English, Spanish, and Haitian Creole. The informational materials must be provided by the landlord or housing authority at all of the following events:
(1) After November 22, 2023, on signing a written rental agreement or entering into a rental agreement that is oral.
(2) On the first renewal or modification of a rental agreement occurring after November 22, 2023.
(3) When the landlord provides any of the notices under § 5602(b)(1) of this title.
(4) When a tenant receives notice of the termination of a housing subsidy.
84 Del. Laws, c. 112, § 1;
2023 Delaware Code › Title 25 - Property › Chapter 56. Right to Legal Representation in Evictions and Other Landlord-Tenant Actions [Effective Nov. 22, 2023]. › § 5607. Implementation [Effective Nov. 22, 2023].

§ 5607. Implementation [Effective Nov. 22, 2023].
(a) The Coordinator shall phase in, over a period of time ending no later than November 22, 2026, in a manner that the Coordinator determines appropriate, the legal representation required to be provided under § 5602 of this title.
(b) The Coordinator shall consider all of the following in determining how services are prioritized during the implementation period:
(1) Prioritizing households that include a child or pregnant woman.
(2) Prioritizing households with household income below 100% of federal poverty guidelines.
(3) Prioritizing targeted zip codes with high eviction rates.
(4) Prioritizing veterans or active duty members of the United States Armed Forces, including the National Guard or the reserves.
(5) The availability of funding.
(6) The availability of trained and qualified attorneys to provide legal representation.
(7) Any other appropriate consideration.
(c) The provision of legal representation to a covered individual is not intended to be the sole basis for a continuance of a covered proceeding scheduled before November 22, 2023 for a hearing on or after November 22, 2023.
84 Del. Laws, c. 112, § 1;
2023 Delaware Code › Title 25 - Property › Chapter 57. SUMMARY POSSESSION › § 5701. Jurisdiction and venue.

§ 5701. Jurisdiction and venue.
An action for summary possession in accordance with § 5702 of this title shall be maintained in the Justice of the Peace Court which hears civil cases in the county in which the premises or commercial rental unit is located. In the event that more than 1 Justice of the Peace Court in a county hears civil cases, then an action shall be maintained in the Justice of the Peace Court that possesses territorial jurisdiction over the area in which the premises or commercial unit is located. For purposes of this chapter, the term “rental agreement” shall include a lease for a commercial rental unit.
70 Del. Laws, c. 513, §  4;  76 Del. Laws, c. 250, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 57. SUMMARY POSSESSION › § 5701A. Establishing territorial jurisdiction.

§ 5701A. Establishing territorial jurisdiction.
In any county in which more than 1 Justice of the Peace Court location has been designated to hear civil cases, each court location shall have a geographical area assigned to it for the purpose of establishing jurisdiction over actions for summary possession. Each court location shall be located within its given territory. Pursuant to § 5701 of this title, any action for summary possession involving a residential or commercial unit within a given territory shall be maintained at the Justice of the Peace Court which has jurisdiction over the given territory. Designation of the boundaries between territories shall be accomplished by court rule. In so doing, the Court may take into account the resources of each Justice of the Peace Court location; how these resources may be utilized best in serving the public good; convenience to the public; and population and demographic information, both current and projected.
76 Del. Laws, c. 250, §  2;
2023 Delaware Code › Title 25 - Property › Chapter 57. SUMMARY POSSESSION › § 5701B. Civil jurisdiction; bifurcated claims.

§ 5701B. Civil jurisdiction; bifurcated claims.
Parties aggrieved in matters arising from a commercial lease in which summary possession is sought may split or bifurcate the cause of action and file an action for summary possession and also file a plenary action between the same parties over the same lease in another court. Such plenary actions must be commenced no later than 6 months after a final judgment is entered in the action for summary possession.
82 Del. Laws, c. 282, § 2;
2023 Delaware Code › Title 25 - Property › Chapter 57. SUMMARY POSSESSION › § 5702. Grounds for summary proceeding.

§ 5702. Grounds for summary proceeding.
Unless otherwise agreed in a written rental agreement, an action for summary possession may be maintained under this chapter because:
(1) The tenant unlawfully continues in possession of any part of the premises after the expiration of the rental agreement without the permission of the landlord or, where a new tenant is entitled to possession, without the permission of the new tenant;
(2) The tenant has wrongfully failed to pay the agreed rent;
(3) The tenant has wrongfully deducted money from the agreed rent;
(4) The tenant has breached a lawful obligation relating to the tenant's use of the premises;
(5) The tenant, employee, servant or agent of the landlord holds over for more than 15 days after dismissal when the housing is supplied by the landlord as part of the compensation for labor or services;
(6) The tenant holds over for more than 5 days after the property has been duly sold upon the foreclosure of a mortgage and the title has been duly perfected;
(7) The rightful tenant of the rental unit has been wrongfully ousted;
(8) The tenant refuses to yield possession of the rental unit rendered partially or wholly unusable by fire or casualty, and the landlord requires possession for the purpose of effecting repairs of the damage;
(9) The tenant is convicted of a class A misdemeanor or any felony during the term of tenancy which caused or threatened to cause irreparable harm to any person or property;
(10) A rental agreement for a commercial rental unit provides grounds for an action for summary possession to be maintained;
(11) Or, if, and only if, it pertains to manufactured home lots, for any of the grounds set forth in the Manufactured Home Owners and Community Owners Act, as amended; or
(12) The tenant who is the sole tenant under the rental agreement has died and become the deceased sole tenant under the residential rental agreement.
70 Del. Laws, c. 513, §  4;  74 Del. Laws, c. 35, §  3;  79 Del. Laws, c. 65, §  3;
2023 Delaware Code › Title 25 - Property › Chapter 57. SUMMARY POSSESSION › § 5702A. Residential eviction diversion program.

§ 5702A. Residential eviction diversion program.
(a) (1) Not later than April 27, 2024, the Justice of the Peace Court or the Court's designee shall establish a residential eviction diversion program to facilitate post-filing eviction dispute resolution between landlords and tenants, which must include all of the following:
a. An initial mediation conference between a landlord and tenant to facilitate an agreement for asserted rental agreement violations or nonpayment of rent.
b. A designated United States Housing and Urban Development certified housing counselor or other representative approved by the Justice of the Peace Court or the Court's designee for the tenant that does all of the following:
1. Participates in the initial mediation conference.
2. Engages with the tenant before the initial mediation conference to educate and discuss available resources.
c. Any other dispute resolution methods established under the residential eviction diversion program.
(2) The Justice of the Peace Court or the Court's designee may limit or otherwise modify the scope of services provided by the residential eviction diversion program to ensure that the cost of the program does not exceed the funding allocated to the program and to ensure that the number of staff required to run the program does not exceed the number of staff available.
(b) In designing and implementing the residential eviction diversion program, the Justice of the Peace Court or the Court's designee may be guided by the Residential Mortgage Foreclosure Mediation Program established by the Superior Court under Superior Court Administrative Directive 2013-2 and any subsequent changes made by Superior Court.
(c) (1) Except as provided under paragraph (c)(2) of this section, after a landlord has filed an action for possession under this chapter, the case is to be scheduled for mediation. Mediation is to be scheduled during the period between filing and trial. A trial may not commence until the landlord has engaged in mediation, except in cases where a tenant fails to engage in mediation within 15 calendar days after service of process. Mediation must be scheduled and completed at least 48 hours before the trial date. A tenant's failure to engage in or complete mediation may not delay the scheduling or commencement of trial.
(2) A landlord may not be required to participate in the residential eviction diversion program in a proceeding under §§ 5115 or 5513(b) or (c) of this title, or where the landlord alleges and by substantial evidence demonstrates to the Court that a tenant has caused or threatens to cause substantial or irreparable harm to landlord's or other tenant's person or property.
84 Del. Laws, c. 112, § 2;
2023 Delaware Code › Title 25 - Property › Chapter 57. SUMMARY POSSESSION › § 5703. Who may maintain proceeding.

§ 5703. Who may maintain proceeding.
The proceeding may be initiated by:
(1) The landlord;
(2) The owner;
(3) The tenant who has been wrongfully put out or kept out;
(4) The next tenant of the premises, whose term has begun; or
(5) The tenant.
70 Del. Laws, c. 513, §  4;
2023 Delaware Code › Title 25 - Property › Chapter 57. SUMMARY POSSESSION › § 5704. Commencement of action and notice of complaint.

§ 5704. Commencement of action and notice of complaint.
(a) The proceeding shall be commenced by filing a complaint for possession with the court.
(b) Upon commencement of an action, the court shall issue the process specified in the praecipe and shall cause service of the complaint on the defendant, together with a notice stating the time and place of the hearing. The notice shall further state that if the defendant shall fail at such time to appear and defend against the complaint, defendant may be precluded from afterwards raising any defense or a claim based on such defense in any other proceeding or action.
(c) The party requesting the issuance of process may file a motion for the appointment of a special process server, consistent with Justice of the Peace Court Civil Rules. The party requesting the appointment of a special process server may prepare a form of order for signature by the clerk of court under the seal of the court. Blank forms for a motion for the appointment of a special process server and for an order appointing such a special process server shall be provided by the clerk of the court on request of the party.
70 Del. Laws, c. 513, §  4;
2023 Delaware Code › Title 25 - Property › Chapter 57. SUMMARY POSSESSION › § 5705. Service and filing of notice.

§ 5705. Service and filing of notice.
(a) The notice of hearing and the complaint shall be served at least 5 days and not more than 30 days before the time at which the complaint is to be heard.
(b) The notice and complaint, together with proof of service thereof, shall be filed with the court before which the complaint is to be heard prior to the hearing, and in no event later than 5 days after service. If service has been made by certified or registered mail, the return receipt, signed, refused or unclaimed, shall be proof of service.
(c) Service of the notice and complaint may be made in any manner consistent with either § 5704 or § 5706 of this title.
70 Del. Laws, c. 513, §  4;
2023 Delaware Code › Title 25 - Property › Chapter 57. SUMMARY POSSESSION › § 5706. Manner of service.

§ 5706. Manner of service.
(a) Service of the notice of hearing and complaint shall be made in the same manner as personal service of a summons in an action.
(b) If service cannot be made in such manner, it shall be made by leaving a copy of the notice and complaint personally with a person of suitable age and discretion who resides or is employed in the rental unit.
(c) If no such person can be found after a reasonable effort, service may be made:
(1) Upon a natural person by affixing a copy of the notice and complaint upon a conspicuous part of the rental unit within 1 day thereafter, and by sending by either certified mail or first class mail with certificate of mailing, using United States Postal Service Form 3817 or its successor, an additional copy of each document to the rental unit and to any other address known to the person seeking possession as reasonably chosen to give actual notice to the defendant; or
(2) If defendant is an artificial entity, pursuant to Sup. Ct. R. 57, by sending by certified mail or by sending by first class mail with certificate of mailing, using United States Postal Service Form 3817 or its successor, within 1 day after affixation, additional copies of each document to the rental unit and to the principal place of business of such defendant, if known, or to any other place known to the party seeking possession as reasonably chosen to effect actual notice.
(d) Service pursuant to this section shall be considered actual or statutory notice.
70 Del. Laws, c. 513, §  4;
2023 Delaware Code › Title 25 - Property › Chapter 57. SUMMARY POSSESSION › § 5707. Contents of complaint generally.

§ 5707. Contents of complaint generally.
The complaint shall:
(1) State the interest of the plaintiff in the rental unit from which removal is sought;
(2) State the defendant's interest in the rental unit and defendant's relationship to the petitioner with regard thereto;
(3) Describe the rental unit from which removal is sought;
(4) State the facts upon which the proceeding is based and attach a copy of any written notice of the basis of the claim as an exhibit to the complaint; and
(5) State the relief sought which may include a judgment for rent due if the notice of complaint contains a conspicuous notice that such demand has been made.
70 Del. Laws, c. 513, §  4;
2023 Delaware Code › Title 25 - Property › Chapter 57. SUMMARY POSSESSION › § 5708. Additional contents of certain complaints.

§ 5708. Additional contents of certain complaints.
If possession of the rental unit is sought on the grounds that the tenant has violated or failed to observe a lawful obligation in relation to tenant's use and enjoyment of the rental unit, the complaint shall, in addition to the requirements of the foregoing section:
(1) Set forth the rule or provision of the rental agreement allegedly breached, together with the date the rule was made known to the tenant and a copy of the rule or provision as initially provided to the tenant and the manner in which such rule or provision was made known to the tenant;
(2) Allege with specificity the facts constituting a breach of the rule or provision of the rental agreement and that notice or warning as required by law was given to the tenant;
(3) Set forth the facts constituting a continued or recurrent violation of the rule or provision of the rental agreement;
(4) Set forth the purpose served by the rule or provision of the rental agreement allegedly breached; and
(5) Allege that where the rule is not a part of the rental agreement or any other agreement of the landlord and tenant at the time of the formation of the rental agreement, that it does not work a substantial modification of the tenant's bargain or, if it does, that the tenant consented knowingly in writing to the rule.
70 Del. Laws, c. 513, §  4;
2023 Delaware Code › Title 25 - Property › Chapter 57. SUMMARY POSSESSION › § 5709. Answer.

§ 5709. Answer.
At the time when the petition is to be heard, the defendant or any person in possession or claiming possession of the rental unit may answer orally or in writing. If the answer is oral, the substance thereof shall be endorsed on the complaint. The answer may contain any legal or equitable defense or counter-claim, not to exceed the jurisdiction of the court.
70 Del. Laws, c. 513, §  4;
2023 Delaware Code › Title 25 - Property › Chapter 57. SUMMARY POSSESSION › § 5710. Trial.

§ 5710. Trial.
Where triable issues of fact are raised, they shall be tried by the court. At the time when an issue is joined, the court, at the application of either party and upon proof to its satisfaction by affidavit or orally that an adjournment is necessary to enable the applicant to procure necessary witnesses or evidence or by consent of all the parties who appear, may adjourn the trial, but not more than 10 days, except by consent of all parties.
70 Del. Laws, c. 513, §  4;
2023 Delaware Code › Title 25 - Property › Chapter 57. SUMMARY POSSESSION › § 5711. Judgment.

§ 5711. Judgment.
(a) The court shall enter a final judgment determining the rights of the parties. The judgment shall award to the successful party the costs of the proceeding.
(b) The judgment shall not bar an action, proceeding or counterclaim commenced or interposed within 60 days of entry of judgment for affirmative equitable relief which was not sought by counterclaim in the proceeding because of the limited jurisdiction of the court.
(c) If the proceeding is founded upon an allegation of forcible entry or forcible holding out, the court may award to the successful party a fixed sum as damages, in addition to the costs.
70 Del. Laws, c. 513, §  4;
2023 Delaware Code › Title 25 - Property › Chapter 57. SUMMARY POSSESSION › § 5712. Default judgment.

§ 5712. Default judgment.
(a) No judgment for the plaintiff shall be entered unless the court is satisfied, upon competent proof, that the defendant has received actual notice of the proceeding or, having abandoned the rental unit, cannot be found within the jurisdiction of the court after the exercise of reasonable diligence. Posting and first-class mail, as evidenced by a certificate of mailing, is acceptable as actual notice for the purposes of a default judgment.
(b) A party may, within 10 days of the entry of a default judgment or a nonsuit, file a motion with the court to vacate the judgment and if, after a hearing on the motion, the court finds that the party has satisfied the requirements of J. P. Civ. R. 60(b), it shall grant the motion and permit the parties to elect a trial before a single judge or a jury trial.
70 Del. Laws, c. 513, §  4;
2023 Delaware Code › Title 25 - Property › Chapter 57. SUMMARY POSSESSION › § 5713. Jury trials.

§ 5713. Jury trials.
(a) In any civil action commenced pursuant to this chapter, the plaintiff may demand a trial by jury at the time the action is commenced and the defendant may demand a trial by jury within 10 days after being served. Upon receiving a timely demand, the justice shall appoint 6 impartial persons of the county in which the action was commenced to try the cause. In making such appointments, the justice shall appoint such persons from the jury list being used at time of appointment by the Superior Court in the county where the action was commenced.
(b) The jury shall be sworn or affirmed that they will “faithfully and impartially try the cause pending between the said plaintiff and defendant and make a true and just report thereupon according to the evidence” and shall hear the allegations of the parties and their proofs. If either party fails to appear before the jury, they may proceed in that party's absence. When the jury or any 4 of them agree, they shall make a report under their hands and return the same to the justice who shall give judgment according to the report.
(c) If any juror appointed fails to appear or serve throughout the trial the justice may supply a replacement by appointing and qualifying another, but there shall be no trial by jury if the defendant has not appeared.
(d) In all other cases, the justice shall hear the case and give judgment according to the right of the matter and the law of the land.
(e) A Chief Magistrate shall have the authority to designate courts in each county which can accommodate a jury trial.
70 Del. Laws, c. 513, §  4;
2023 Delaware Code › Title 25 - Property › Chapter 57. SUMMARY POSSESSION › § 5714. Compelling attendance of jurors.

§ 5714. Compelling attendance of jurors.
(a) In a proceeding under this chapter, the justice may require the attendance of the jurors the justice appoints, and may issue a summons under hand and seal to a constable for summoning them to appear before the court.
(b) If any juror duly summoned fails to appear as required, or to be qualified and serve throughout the trial, the juror shall, unless the juror shows to the justice a sufficient excuse, be guilty of contempt and shall be fined $50 which shall be levied with costs by distress and sale of the juror's goods and chattels by virtue of a warrant by the justice.
(c) The warrant shall be directed to a constable in the following manner:
County, ss. The State of Delaware.
To any constable, greeting:
Whereas, of has been adjudged by , 1 of our justices of the peace, to be guilty of a contempt in making default after due summons as a juror in a case pending before said justice and has been ordered to pay a fine of $50 in pursuance of the act of assembly in such case provided, and
Whereas, the said has neglected to pay the said sum, we therefore command you to levy the said sum of $50 with costs and your costs hereon by distress and sale of the goods and chattels of the said upon due notice given as upon other execution process.
Witness the hand and seal of the said justice the day of 20
70 Del. Laws, c. 513, §  4;
2023 Delaware Code › Title 25 - Property › Chapter 57. SUMMARY POSSESSION › § 5716. Stay of proceedings by tenant; good faith dispute.

§ 5716. Stay of proceedings by tenant; good faith dispute.
When a final judgment is rendered in favor of the plaintiff in a proceeding brought against a tenant for failure to pay rent and the default arose out of a good faith dispute, the tenant may stay all proceedings on such judgment by paying all rent due at the date of the judgment and the costs of the proceeding or by filing with the court an undertaking to the plaintiff, with such assurances as the court shall require, to the effect that defendant will pay such rent and costs within 10 days of the final judgment being rendered for the plaintiff. At the expiration of said period, the court shall issue a warrant of possession unless satisfactory proof of payment is produced by the tenant.
70 Del. Laws, c. 513, §  4;
2023 Delaware Code › Title 25 - Property › Chapter 57. SUMMARY POSSESSION › § 5718. Proceedings in forma pauperis.

§ 5718. Proceedings in forma pauperis.
Upon application of a party claiming to be indigent, the Court may authorize the commencement, prosecution or defense of any civil action or civil appeal without prepayment of fees and costs or security therefor by a person who makes an affidavit that such person is unable to pay the costs or give security therefore. Such affidavit shall state the nature of the action or defense and the affiant's belief that the affiant is entitled to redress, and shall state sufficient facts from which the Court may make an objective determination of the petitioner's alleged indigence.
The Court may, in its discretion, conduct a hearing on the question of indigence. In any action in which a claim for damages is asserted by a party seeking the benefit of this rule, the prothonotary shall, before entering a dismissal of the claim or satisfaction of any judgment entered therein, require payment of accrued court costs from any party for whose benefit this rule has been applied if said party has recovered a judgment in said proceedings or received any funds in settlement thereof. A party and such party's attorney of record shall file appropriate affidavits in the event a claim is sought to be dismissed without settlement or recovery.
70 Del. Laws, c. 513, §  4;
2023 Delaware Code › Title 25 - Property › Chapter 59. Tenant’s Receivership › § 5901. Petition for receivership; grounds, notice and jurisdiction.

§ 5901. Petition for receivership; grounds, notice and jurisdiction.
Any tenant or group of tenants may petition for the establishment of a receivership in a Justice of the Peace Court upon the grounds that there has existed for 5 days or more after notice to the landlord:
(1) If the rental agreement, or any state or local statute, code, regulation or ordinance, places a duty upon the landlord to so provide, a lack of heat, or of running water, or of light, or of electricity, or of adequate sewage facilities;
(2) Any other conditions imminently dangerous to the life, health or safety of the tenant.
25 Del. C. 1953, §  5901;  58 Del. Laws, c. 472, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 59. Tenant’s Receivership › § 5902. Necessary parties defendant.

§ 5902. Necessary parties defendant.
(a) Petitioners shall join as defendants:
(1) All parties duly disclosed to any of them in accordance with § 5105 of this title; and
(2) All parties whose interest in the property is:
a. A matter of public record; and
b. Capable of being protected in this proceeding.
(b) Petitioner shall not be prejudiced by a failure to join any other interested parties.
25 Del. C. 1953, §  5902;  58 Del. Laws, c. 472, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 59. Tenant’s Receivership › § 5903. Defenses.

§ 5903. Defenses.
It shall be sufficient defense to this proceeding, if any defendant of record establishes that:
(1) The condition or conditions described in the petition do not exist at the time of trial; or
(2) The condition or conditions alleged in the petition have been caused by the wilful or grossly negligent acts of 1 or more of the petitioning tenants or members of the tenant's or tenants' families or by other persons on the premises with the tenant's or tenants' consent; or
(3) Such condition or conditions would have been corrected, were it not for the refusal by any petitioner to allow reasonable access.
25 Del. C. 1953, §  5903;  58 Del. Laws, c. 472, §  1;  84 Del. Laws, c. 42, § 113;
2023 Delaware Code › Title 25 - Property › Chapter 59. Tenant’s Receivership › § 5904. Stay of judgment by defendant.

§ 5904. Stay of judgment by defendant.
(a) If, after a trial, the Court shall determine that the petition should be granted, the Court shall immediately enter judgment thereon and appoint a receiver as authorized herein; provided, however, prior to the entry to judgment and appointment of a receiver, the owner or any mortgagee or lienor of record or other person having an interest in the property may apply to the Court to be permitted to remove or remedy the conditions specified in the petition. If such person demonstrates the ability to perform promptly the necessary work and posts security for the performance thereof within the time, and in the amount and manner, deemed necessary by the Court, then the Court may stay judgment and issue an order permitting such person to perform the work within a time fixed by the Court and requiring such person to report to the Court periodically on the progress of the work. The Court shall retain jurisdiction over the matter until the work is completed.
(b) If, after the issuance of an order under the foregoing provision but before the time fixed in such order for the completion of the work prescribed therein, there is reason to believe that the work will not be completed pursuant to the court's order or that the person permitted to do the same is not proceeding with due diligence, the Court or the petitioners, upon notice to all parties to the proceeding, may move that a hearing be held to determine whether judgment should be rendered immediately as provided in the following subsection.
(c) (1) If, upon a hearing authorized in the preceding subsection, the Court shall determine that such party is not proceeding with due diligence, or upon the actual failure of such person to complete the work in accordance with the provisions of the order, the Court shall appoint a receiver as authorized herein.
(2) Such judgment shall direct the receiver to apply the security posted to executing the powers and duties as described herein.
(3) In the event that the amount of such security should be insufficient to accomplish the above objectives, such judgment shall direct the receiver to collect the rents, profits and issues to the extent of the deficiency. In the event that the security should exceed the amount necessary to accomplish the above objectives, such judgment shall direct the receiver to return the excess to the person posting the security.
25 Del. C. 1953, §  5904;  58 Del. Laws, c. 472, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 59. Tenant’s Receivership › § 5905. Receivership procedures.

§ 5905. Receivership procedures.
The receiver shall be the Division of Consumer Protection of the State or its successor agency.
(1) Upon its appointment, the receiver must make within 15 days an independent finding whether there is proper cause shown for the need for rent to be paid to it and for the employment of a private contractor to correct the condition complained of in § 5901 of this title and found by the Court to exist.
(2) If the receiver shall make such a finding, it shall file a copy of the finding with the recorder of deeds of the county where the property lies and it shall be a lien on that property where the violation complained of exists.
(3) Upon completion of the aforesaid contractual work and full payment of the contractor, the receiver shall file a certification of such with the recorder of deeds of the appropriate county, and this filing shall release the aforesaid lien.
(4) The receiver shall forthwith give notice to all lienholders of record.
(5) If the receiver shall make a finding at such time or any other time that for any reason the appointment of a receiver is not appropriate, it shall be discharged upon notification of the Court and all interested parties and shall make legal distribution of any funds in its possession.
25 Del. C. 1953, §  5905;  58 Del. Laws, c. 472, §  1;  69 Del. Laws, c. 291, §  98(c);
2023 Delaware Code › Title 25 - Property › Chapter 59. Tenant’s Receivership › § 5906. Powers and duties of the receiver.

§ 5906. Powers and duties of the receiver.
The receiver shall have all the powers and duties accorded a receiver foreclosing a mortgage on real property and all other powers and duties deemed necessary by the Court. Such powers and duties shall include, but are not necessarily limited to, collecting and using all rents and profits of the property, prior to and despite any assignment of rent, for the purposes of:
(1) Correcting the condition or conditions alleged in the petition;
(2) Materially complying with all applicable provisions of any state or local statute, code, regulation or ordinance governing the maintenance, construction, use or appearance of the building and surrounding grounds;
(3) Paying all expenses reasonably necessary to the proper operation and management of the property including insurance, mortgage payments, taxes and assessments and fees for the services of the receiver and any agent the receiver should hire;
(4) Compensating the tenants for whatever deprivation of their rental agreement rights resulted from the condition or conditions alleged in the petition; and
(5) Paying the costs of the receivership proceeding.
25 Del. C. 1953, §  5906;  58 Del. Laws, c. 472, §  1;  84 Del. Laws, c. 42, § 114;
2023 Delaware Code › Title 25 - Property › Chapter 59. Tenant’s Receivership › § 5907. Discharge of the receiver.

§ 5907. Discharge of the receiver.
(a) In addition to those situations described in § 5905 of this title, the receiver may also be discharged when:
(1) The condition or conditions alleged in the petition have been remedied;
(2) The property materially complies with all applicable provisions of any state or local statute, code, regulation or ordinance governing the maintenance, construction, use or appearance of the building and the surrounding grounds;
(3) The costs of the above work and any other costs as authorized herein have been paid or reimbursed from the rents and profits of the property; and
(4) The surplus money, if any, has been paid over to the owner.
(b) Upon paragraphs (a)(1) and (2) of this section being satisfied, the owner, mortgagee or any lienor may apply for the discharge of the receiver after paying to the latter all moneys expended by the receiver and all other costs which have not been paid or reimbursed from the rent and profits of the property.
(c) If the Court determines that future profits of the property will not cover the costs of satisfying paragraphs (a)(1) and (2) of this section, the Court may discharge the receiver and order such action as would be appropriate in the situation, including but not limited to terminating the rental agreement and ordering the vacation of the building within a specified time. In no case shall the Court permit repairs which cannot be paid out of the future profits of the property.
25 Del. C. 1953, §  5907;  58 Del. Laws, c. 472, §  1;  84 Del. Laws, c. 42, § 115;
2023 Delaware Code › Title 25 - Property › Chapter 61. COMMERCIAL LEASES › § 6101. Metering and charges for utility services.

§ 6101. Metering and charges for utility services.
Whenever any landlord or other person:
(1) Purchases utility service from a public utility and redistributes the same to a tenant in a commercial unit and/or in connection with the operation of that commercial unit (e.g., the operation of the common area); and
(2) Continuously meters the tenant's use in that commercial unit to which it redistributes the utility service and continually meters the common area;
Such landlord or other person may charge and collect from such tenant, by way of rent or otherwise, an amount not to exceed the amount the tenants would be billed by the public utility for such utility service if the same was directly metered by such public utility.
70 Del. Laws, c. 513, §  15;
2023 Delaware Code › Title 25 - Property › Chapter 61. COMMERCIAL LEASES › § 6102. Definitions.

§ 6102. Definitions.
The following words, terms and phrases, when used in this part, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
(1) “Commercial unit” shall mean any lot, structure or portion thereof which is occupied or rented for commercial or industrial purposes.
(2) “Landlord” shall mean:
a. The owner, lessor or sublessor of the rental unit or the property of which it is a part and, in addition, shall mean any person authorized to exercise any aspect of the management of the premises, including any person who, directly or indirectly, receives rents or any part thereof other than as a bona fide purchaser and who has no obligation to deliver the whole of such receipts to another person;
b. Any person held out by any landlord as the appropriate party to accept performance, whether such person is a landlord or not;
c. Any person with whom the tenant normally deals as a landlord; or
d. Any person to whom the person specified in paragraphs (2)b. and c. of this section is directly or ultimately responsible.
(3) “Owner” shall mean 1 or more persons, jointly or severally, in whom is vested:
a. All or part of the legal title to property; or
b. All or part of the beneficial ownership, usufruct and a right to present use and enjoyment of the premises.
(4) “Person” shall include an individual, corporation, government or governmental agency, statutory trust, business trust, estate, trust, partnership or association, 2 or more persons having a joint or common trust or any other legal or commercial entity.
(5) “Premises” shall mean the rental unit and the structure of which it is a part, and the facilities and appurtenances therein, and ground, areas and facilities held out for the use of tenants generally or whose use by the tenant is promised by the landlord.
(6) “Rental agreement” shall mean and include all agreements, written or oral, which establish or modify the terms, conditions, rules, regulations or other provisions concerning the use and occupancy of a rental unit.
(7) “Rental unit” shall mean a commercial unit.
(8) “Tenant” shall mean a person entitled under a rental agreement to occupy a rental unit to the exclusion of others.
70 Del. Laws, c. 513, §  15;  73 Del. Laws, c. 329, §  71;
2023 Delaware Code › Title 25 - Property › Chapter 61. COMMERCIAL LEASES › § 6103. Preference of rent in cases of execution.

§ 6103. Preference of rent in cases of execution.
Liability of goods levied upon for 1 year's rent:
(1) If goods, chattels or crops of a tenant being upon premises held by the tenant by demise under a rent of money are seized by virtue of any process of execution, attachment or sequestration, the goods and chattels shall be liable for 1 year's rent of the premises in arrear, or growing due, at the time of the seizure, in preference to such process; accordingly the landlord shall be paid such rent, not exceeding 1 year's rent, out of the proceeds of the sale of such goods and chattels, before anything shall be applicable to such process.
(2) The sheriff, or other officer, who sells the goods and chattels of a tenant upon process of execution, attachment or sequestration shall at least 10 days before such sale give written notice of the time and place thereof to the landlord, if residing in the county, and if not, to any known agent of the landlord in the county.
25 Del. C. 1953, §  6501;  58 Del. Laws, c. 472, §  1;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 513, §  9;
2023 Delaware Code › Title 25 - Property › Chapter 61. COMMERCIAL LEASES › § 6104. Confession of judgment.

§ 6104. Confession of judgment.
A provision of a written rental agreement authorizing a person other than the tenant to confess judgment against the tenant is void and unenforceable.
25 Del. C. 1953, §  6104;  58 Del. Laws, c. 472, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 61. COMMERCIAL LEASES › § 6105. Taxes paid by tenant; setoff against rent; recovery from owner.

§ 6105. Taxes paid by tenant; setoff against rent; recovery from owner.
Any tax laid upon lands or tenements according to law which is paid by or levied from the tenant of such lands or tenements, or a person occupying and having charge of same, shall be a setoff against the rent or other demand of the owner for the use or profits, of such premises. If there is no rent or other demand sufficient to cover the sum so paid or levied, the tenant or other person may demand and recover the same from the owner, with costs. This provision shall not affect any contract between the landlord and tenant.
25 Del. C. 1953, §  6502;  58 Del. Laws, c. 472, §  1;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 513, §  10;
2023 Delaware Code › Title 25 - Property › Chapter 63. DISTRESS FOR RENT › § 6301. Action at law; jurisdiction; case in which distress lies.

§ 6301. Action at law; jurisdiction; case in which distress lies.
(a) Distress for rent is hereby abolished except pursuant to a rental agreement for a commercial unit and in that event it shall be an action at law which shall be brought as provided herein.
(b) The several courts of the justices of the peace shall have original jurisdiction in all cases of distress for unpaid rent regardless of the amount of rent notwithstanding any other law to the contrary.
(c) A distress shall lie for any unpaid rent due either in money or in a quantity of any tangible items, goods or produce pursuant to any rental agreement of a commercial unit.
25 Del. C. 1953, §  6301;  58 Del. Laws, c. 472, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 63. DISTRESS FOR RENT › § 6302. Form of claim; contents; costs.

§ 6302. Form of claim; contents; costs.
(a) The claim for distress shall name the tenant as defendant and shall set forth the name and address of the landlord, the name and address of the tenant and the facts as to any assignment of the rental agreement, the premises leased, the date of the rental agreement, the term of the rental agreement, the rent required to be paid by the tenant, the amount of rent in arrears and the plaintiff's statement that there is reason to believe the levied property would be disposed of absent the issuance of the levy. The claim for distress shall also set forth facts supporting the plaintiff's reasonable belief that the goods on the leased premises to be levied upon would be disposed of absent the issuance of the writ. The claim for distress shall be made under oath or affirmation by the plaintiff.
(b) The claim shall be filed in a Court of the Justice of the Peace located in the county wherein the commercial unit or a portion thereof is situated.
(c) The costs in the action shall include the cost of the sale.
25 Del. C. 1953, §  6302;  58 Del. Laws, c. 472, §  1;  70 Del. Laws, c. 513, §  16;
2023 Delaware Code › Title 25 - Property › Chapter 63. DISTRESS FOR RENT › § 6303. Order of distress; service of claim and order; levy; inventory; return; duration of levy.

§ 6303. Order of distress; service of claim and order; levy; inventory; return; duration of levy.
(a) Upon the filing of an action of distress, a justice of the peace shall make a determination as to the claim's compliance with the provisions of this chapter, and upon a determination of compliance, the Court shall promptly issue an order requiring plaintiff to file a cash bond or a bond with surety in such amount and in such form as the Court shall determine and an order to a constable or sheriff of that county directing that all goods on the leased premises be levied upon, once plaintiff has filed said bond. A copy of the claim of distress and order of levy shall be served upon each tenant on the leased premises, as provided herein. The order shall also set forth the time and place where the defendant may appear and make answer to the allegations in the claim.
(b) The levy may be made within the hours of 8:
00 a.m. to 8:
00 p.m.
(c) The officer making the levy shall then proceed to make an inventory of each article of goods distrained upon and shall deliver to each tenant found on the premises, or if not so found, leave affixed to the premises, a copy of the inventory as provided herein.
(d) The officer serving the order shall make a return of the officer's action to the court, including the date and time thereof.
(e) A levy for distress shall not remain in force for more than 60 days and if the goods distrained are not sold within that period they shall be discharged from the levy.
25 Del. C. 1953, §  6303;  58 Del. Laws, c. 472, §  1;  70 Del. Laws, c. 513, §  17;  84 Del. Laws, c. 42, § 116;
2023 Delaware Code › Title 25 - Property › Chapter 63. DISTRESS FOR RENT › § 6304. Levied goods in custody of Court; removal and sale; plaintiff's interest.

§ 6304. Levied goods in custody of Court; removal and sale; plaintiff's interest.
(a) Except as hereinafter provided, goods levied upon by the constable or sheriff shall remain on the leased premises in the custody of the Court unless released as hereinafter provided.
(b) Upon application to the Court by either party, the Court may allow the removal, sale, or both, in whole or in part, of the levied goods, upon such terms and conditions as the Court deems necessary for the protection of the parties and to avoid irreparable harm, including the posting of a bond by the tenant for the fair market value of the goods or other protective measures, including the appointment of a receiver, or the depositing of sale proceeds with the court or a specified depository.
(c) Unless otherwise provided in accordance with subsection (b) of this section or § 6307 of this title, the plaintiff in an action of distress shall have a special property interest in the goods distrained until they are returned to the defendant or sold by the Court, so that the plaintiff may take the goods wherever found and recover damages for carrying away or injuring them.
25 Del. C. 1953, §  6304;  58 Del. Laws, c. 472, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 63. DISTRESS FOR RENT › § 6305. Protective measures upon a showing that a tenant may abscond.

§ 6305. Protective measures upon a showing that a tenant may abscond.
Upon petition of the plaintiff in distress and upon a showing under oath or affirmation of a need for protective measures because the tenant may abscond or remove and conceal that tenant's goods, the Court may take any or all of the following protective measures:
(1) The constable or sheriff shall be directed to make the levy forthwith and at any time;
(2) The constable or sheriff can take actual possession of the goods levied upon and remove same from the leased premises to such place as the Court may direct pending the release or sale of the goods. Removal of the goods may, if the Court deems it necessary, be conditioned on the filing of a bond by the plaintiff in such amount and in such form as the Court may determine but in an amount not less than the fair market value of the goods removed. The expense of removal of any goods from the leased premises to any other place for storage pending sale shall be included as part of the costs of distress;
(3) The Court may order the levying officer to enter the premises forcibly if entry cannot otherwise be gained.
25 Del. C. 1953, §  6305;  58 Del. Laws, c. 472, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 63. DISTRESS FOR RENT › § 6306. Procedure in the event of a forcible entry.

§ 6306. Procedure in the event of a forcible entry.
Where entry is gained forcibly and if no tenant is found on the premises, a copy of the claim and order shall be affixed on a prominent place on the interior of the leased premises. The constable or sheriff shall then proceed to make an inventory of each article of goods distrained and leave affixed to the premises a copy of the inventory and shall attempt to contact the tenant if the tenant's whereabouts are known and leave the premises locked and as safe and secure as possible. The constable or sheriff serving the order shall make a return of the constable's or sheriff's action to the Court including the date, time and manner of the forcible entry.
25 Del. C. 1953, §  6306;  58 Del. Laws, c. 472, §  1;  70 Del. Laws, c. 186, §  1;  84 Del. Laws, c. 42, § 117;
2023 Delaware Code › Title 25 - Property › Chapter 63. DISTRESS FOR RENT › § 6307. Release of distrained property upon filing of bond.

§ 6307. Release of distrained property upon filing of bond.
Upon the filing of a bond with surety with the Court where the distress action is pending, the Court may release from the levy and return, or release from the levy or return, the property to the tenant. The bond shall be in an amount not exceeding the fair market value of the goods levied as determined by the Court or the amount of rent in arrears plus 2 months' rent, whichever is less.
25 Del. C. 1953, §  6307;  58 Del. Laws, c. 472, §  1;