CHAPTER 245 - DEMISE

AN ACT TO AMEND CHAPTER 271, VOLUME 36, LAWS OF DELAWARE, RELATING TO LANDLORD AND TENANT.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That 4533 Section 2 of Chapter 271, Volume 36, Laws of Delaware, be and the same is hereby amended by striking out all of said Section and inserting in lieu thereof the following to be styled 4533 Section 2.

4533. Sec. 2. Term of Demise, when not expressly limited:--Where no term is expressly limited, a demise shall be construed to be for a year, except of houses and lots usually let for a less time, and also excepting properties located in the County of New Castle, State of Delaware.

Section 2. That Section 2 of Chapter 271, Volume 36, Laws of Delaware, be and the same is hereby amended by striking out all of 4535 Sec. 4, and inserting in lieu thereof the following, which shall be styled 4535, Sec. 4.

4535, Sec. 4. Term extended for another year in default of notice to quit: time of notice to quit upon letting for less than one year: proviso as to certain properties in the County of New Castle, State of Delaware:--If there be a demise for a term of one or more years, and three months, or upwards, before the end of the term, either the landlord do not give notice in writing to the tenant in possession to remove, or the tenant do not give like notice to the landlord of his intention to remove from the demised premises, the lease shall be extended, and after the end of the term, unless the lease provides otherwise, it shall be a lease by the month, for which the tenant shall pay the rent, and all the stipulations of the lease shall continue in force, except those specifying the length of time of the notice required to terminate the same; provided, however, that this provision shall not apply to any lease upon farm lands used by the tenants for the purpose of maintaining a livelihood from said lands. This Section shall not be taken or held to prescribe any time as to notice when the letting is for a less time than a year except that when letting is by the month, a month's notice to quit shall be sufficient; and when it is by the week, a week's notice shall be sufficient.

Section 3. That Section 3 of Chapter 271, Volume 36, Laws of Delaware be and the same is hereby amended by striking out all of 4536, Section 5 and inserting in lieu thereof the following, which shall be styled 4536 Section 5.

4536 Section 5. Leases in the County of New Castle, State of Delaware; term not expressly limited shall be by the month:--Every lease or demise of real estate situate in the County of New Castle, State of Delaware, excepting farm lands which are used by the tenants for the purpose of maintaining a livelihood from said lands, in which lease or demise no term is expressly limited, shall be deemed and construed to be a lease by the month, and a month's notice to quit shall be sufficient to terminate such lease or demise.

Approved April 18, 1935.