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25 Del. C. § 5502

Citation
25 Del. C. § 5502
Jurisdiction
Delaware (state)
Source
Official source

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§
5502. Landlord remedies for failure to pay rent.

(a) A landlord or the landlord’s agent may, any time after the time period between the date the rent is due and the date under this Code when late fees may be imposed, demand payment for the past due rent and notify the tenant in writing that unless payment is made within a time mentioned in such notice, to be not less than 7 days after the date notice was given or sent, the landlord may file a court action to terminate the rental agreement. If the tenant remains in default, the landlord may then bring an action for summary possession of the dwelling unit or any other proper proceeding, action, or suit for possession.

(b) A landlord or the landlord’s agent may bring an action for rent alone at any time after the landlord has properly demanded payment of past-due rent, has notified the tenant of the landlord’s intention to bring such an action, and the required time under this section has passed. This action may include late charges, which have accrued as additional rent.

(c) If a tenant, or another person or entity on behalf of a tenant, pays all rent due before the landlord has initiated an action against the tenant, the landlord may not then initiate an action for summary possession that is based on such failure to pay rent. The landlord may not refuse to accept rental payments by or on behalf of a tenant. The landlord may restrict the method of any payments to those accepted under the terms of the lease.