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DE HB280

Bill

Status

Introduced

6/30/2009

Primary Sponsor

Bryon Short

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Origin

House of Representatives

145th General Assembly

AI Summary

  • 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.

  • 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.

  • 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.

  • Establishes that when a landlord actually commences a legal action for summary possession, all applicable service of process requirements must still be followed.

  • 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

Committee Referrals

Judiciary6/30/2009

Full Bill Text

No bill text available