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DE HB171

Bill

Status

Passed

6/30/2013

Primary Sponsor

Gerald Brady

Click for details

Origin

House of Representatives

147th General Assembly

AI Summary

  • Allows the named executor or next of kin of a deceased sole tenant to enter the residential rental unit within 30 days of death to remove the decedent's belongings, with access during business hours at mutually agreeable times.

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

  • Establishes that a landlord may regain possession of a residential rental unit without a summary proceeding if the executor or personal representative presents valid documentation from the Register of Wills and confirms no further access is needed or 30 days have passed.

  • Allows landlords to remove and store remaining property in the unit for 7 days at the estate's expense; property may be disposed of if not claimed and storage costs are not reimbursed within that period.

  • Requires landlords to return security deposits and provide itemized damage lists within 20 days of receiving possession, with estate representatives having 10 days to object to any withheld amounts.

Legislative Description

An Act To Amend Title 12 Of The Delaware Code Relating To Administering A Decedent's Estate And To Amend Title 25 Of The Delaware Code Relating To Definitions And Summary Possession Proceedings.

Last Action

Signed by Governor

6/30/2013

Committee Referrals

Community/County Affairs6/6/2013
Housing & Community Affairs6/4/2013

Full Bill Text

No bill text available