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DE HB280
Bill
Status
6/30/2009
Primary Sponsor
Bryon Short
Click for details
AI Summary
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Amends Delaware Code Title 25 by adding subsection (d) to Section 5113, clarifying that five-day and seven-day notices are not subject to formal service of process requirements.
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Clarifies that a five-day notice for non-payment of rent and a seven-day notice for material breach of lease terms are not "summonses" and do not require formal legal service procedures.
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Specifies that five-day and seven-day notices comply with code requirements when delivered to tenants "in writing," including delivery in a single envelope addressed to all tenants on the lease.
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Establishes that when a landlord actually commences a legal action for summary possession, all applicable service of process requirements must still be followed.
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Applies only to notices under Section 5502(a) (five-day notice for non-payment) and Section 5513(a)(1) (seven-day notice for material breach).
Legislative Description
An Act To Amend Title 25 Of The Delaware Code Relating To The Residential Landlord-tenant Code
Last Action
Amendment HA 1 - Introduced and Placed With Bill
3/24/2010