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25 Del. C. § 5716A

Citation
25 Del. C. § 5716A
Jurisdiction
Delaware (state)
Source
Official source

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5716A. Stay of proceedings by the court; right of redemption.

(a) Whenever a tenant fails to pay rent when due and payable under Chapters 55, 57, or 70 of this title, a landlord may file an action under this section.

(b) In an action for summary possession of a rental unit or a lot in a manufactured home community for failure to pay rent where the landlord or the landlord’s agent has requested or is awarded a judgment of possession, the tenant has the right to redemption of the rental unit or lot by tendering all past due amounts as determined by the court, including all rent due under the terms of the lease, plus all court-awarded costs and fees, to the landlord or the landlord’s agent.

(1) A tenant’s right of redemption applies at any time before the actual execution of the eviction order.

(2) After the landlord or landlord’s agent has received the payment, the landlord or landlord’s agent shall immediately notify the court and constable or sheriff to which the writ of possession was directed and make all reasonable efforts to prevent execution of the judgment that is based upon failure to pay rent.

(3) Upon receiving notification of or evidence of redemption, the court shall issue an immediate stay of the writ or the proceedings relating to failure to pay rent and must provide a minimum of 5 days for any appropriate evidence or filings to be submitted to the court.

a. If payment is made after the writ of possession has posted, in order for the court to issue a stay of the writ, a request to stay the writ must be filed with the court.