The law does not currently adequately address the situations that arise when the sole tenant of a residential rental unit dies. This bill provides access to the rental unit by the next of kin or personal representative, who has received valid documentation issued by the Register of Wills, for the purpose of removing the personal possessions from the decedent’s residential rental unit. It allows the landlord to file and maintain an action for summary possession as necessary. In addition, this bill adds a new section to Title 25 to address the procedure for how a landlord may regain possession of the residential rental unit, which, depending on the circumstances, may or may not necessitate the need for a summary proceeding. Finally, the new section permits a landlord to bring a debt action for monies due and protects the estate’s interest in any security deposit held by the landlord.
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.
The law does not currently adequately address the situations that arise when the sole tenant of a residential rental unit dies. This bill provides access to the rental unit by the next of kin or personal representative, who has received valid documentation issued by the Register of Wills, for the purpose of removing the personal possessions from the decedent’s residential rental unit. It allows the landlord to file and maintain an action for summary possession as necessary. In addition, this bill adds a new section to Title 25 to address the procedure for how a landlord may regain possession of the residential rental unit, which, depending on the circumstances, may or may not necessitate the need for a summary proceeding. Finally, the new section permits a landlord to bring a debt action for monies due and protects the estate’s interest in any security deposit held by the landlord.
Status
Bill Text
Date | Bill Type | Click here for Bill Details (PDF) |
---|---|---|
2013-06-04 | http://legis.delaware.gov/LIS/lis147.nsf/vwLegislation/HB+171/$file/legis.html?open |
Votes
Date | Action | Vote | Document |
---|---|---|---|
2013-06-06 | House Third Reading | Yea: 38 No: 0 Other: 3 | Document |
2013-06-27 | Senate Third Reading | Yea: 18 No: 3 Other: 0 | Document |
Amendments
no data available at this time.
Bill History
Date | Action |
---|---|
2013-06-30 | Signed by Governor |
2013-06-27 | Passed by Senate. Votes: Passed 18 YES 3 NO 0 NOT VOTING 0 ABSENT 0 VACANT |
2013-06-27 | Necessary rules are suspended in Senate |
2013-06-19 | Reported Out of Committee (COMMUNITY/COUNTY AFFAIRS) in Senate with 4 On Its Merits |
2013-06-06 | Assigned to Community/County Affairs Committee in Senate |
2013-06-06 | Passed by House of Representatives. Votes: Passed 38 YES 0 NO 0 NOT VOTING 3 ABSENT 0 VACANT |
2013-06-05 | Reported Out of Committee (HOUSING & COMMUNITY AFFAIRS) in House with 6 On Its Merits |
2013-06-04 | Introduced and Assigned to Housing & Community Affairs Committee in House |
Sponsors
Name | District |
---|---|
Gerald Brady | HD-004 |
Harris McDowell | SD-001 |
Andria Bennett | HD-032 |
Stephanie Bolden | HD-002 |
Michael Ramone | HD-021 |
Jeffrey Spiegelman | HD-011 |
Kimberly Williams | HD-019 |