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DE HB136

Bill

Status

Introduced

5/14/2013

Primary Sponsor

Gerald Brady

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Origin

House of Representatives

147th General Assembly

AI Summary

  • Adds definition of "deceased sole tenant" to Title 25 § 5141, establishing that non-leaseholder occupants' rights to occupy a residential rental unit terminate immediately upon the sole tenant's death.

  • Permits landlords to file summary possession actions when a sole tenant under a residential rental agreement dies, adding this as a new ground for eviction under Title 25 § 5702(12).

  • Creates new § 5719 establishing procedures for landlord repossession of rental units after a sole tenant's death, including requirements that an estate representative present valid documentation from the Register of Wills.

  • Limits estate possession of the rental unit to a maximum of 180 days from the date of death unless otherwise agreed in writing, with a 90-day presumption that access is no longer needed without written notice.

  • Addresses security deposit handling and abandoned property, requiring landlords to return deposits within 20 days of regaining possession and allowing disposal of remaining property after 7 days of storage at the estate's expense.

Legislative Description

An Act To Amend Title 25 Of The Delaware Code Relating To Definitions And Summary Possession Proceedings.

Last Action

Stricken

5/16/2013

Committee Referrals

Housing & Community Affairs5/14/2013

Full Bill Text

No bill text available