AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO RIGHT OF REDEMPTION.
What changed between versions
The bill now applies only to evictions based on failure to pay rent, explicitly excluding other grounds for eviction.
Sponsorship changed from House-only (Rep. K. Johnson) to joint sponsorship led by Sen. Lockman with additional senators and representatives, reflecting the bill moving through the Senate as a substitute.
Landlords may not refuse to accept rental payments made by or on behalf of a tenant. Payment methods can be restricted to those in the lease before judgment, and to certified check or money order after judgment is entered.
The notice period for landlords to demand payment before filing court action was increased from 5 days to 7 days in both Section 5502 and Section 7016.
A new right of redemption allows tenants to stop an eviction by paying all past-due rent, court costs, and fees at any time before the actual execution of the eviction order. The court must issue an immediate stay upon notification of redemption.
The right of redemption does not apply to a tenant against whom 3 judgments of possession for failure to pay rent have been entered in the 24 months before the current action (increased from a 12-month lookback in the prior version).
If a tenant pays all rent due before a landlord initiates an action, the landlord may not then initiate a summary possession action for nonpayment. If payment is made after an action is initiated, the landlord may not maintain that action for past due rent.
If payment is made after the writ of possession has been posted, a request to stay the writ must be proactively filed with the court, and the landlord may request the court delay vacating the judgment until any checks used for payment have fully cleared.
