CHAPTER 175

JUSTICES JURISDICTION IN FORCIBLE ENTRY, DETAINER AND HOLDING OVER

AN ACT TO AMEND SECTION 14 OF CHAPTER 123 OF THE REVISED CODE OF DELAWARE, 1935, RELATING TO JUSTICES' JURISDICTION IN FORCIBLE ENTRY, DETAINER AND HOLDING OVER.

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

Section 1. That Section 14 of Chapter 123 of the Revised Code of Delaware, 1935, being Section 4570 of said Code, be, and the same hereby is, amended by striking out said Section and inserting in lieu thereof the following:

"4570. Sec. 14. Holding Over After Notice to Quit; Demise How Laid:-If any person who shall have demised any house, lands or tenements, for one or more years, or less time, or at will, or his heirs or assigns, shall, three months or upwards, before the end of such term or estate, or if any person who shall permit another to occupy or enjoy any house, lands or tenements by sufferance, or under such condition that the term of such occupancy is not fixed, or his heirs or assigns, shall, one month or upward before the time fixed for the termination of such occupancy in the notice hereafter referred to, give notice in writing to the tenant in possession under such demise, or to such occupant, to remove from the premises, such tenant or occupant or any person coming into possession under him, shall deliver full possession of the said premises to the lessor or to the person permitting such occupancy, or his heirs or assigns, at the end of the said term or estate or at the time fixed, or, in a case of occupancy by sufferance or in which the term of occupancy is not fixed, at the time specified in said notice; and if he shall fail to do so the case shall be within the provisions of this Chapter.

"In every case of a tenancy from year to year, whether such at first, or such by consent after a prior term ended, the demise may be alleged to be for the term of one year from the beginning of the year of the tenancy in which the notice to quit is given; but if the tenancy be created expressly by a written instrument, the demise must be laid according to the legal effect of the instrument. In the case of occupancy by sufferance or a case in which no term is fixed it shall be unnecessary that any demise be laid but the facts pertaining to such occupancy alone need be stated."

Approved April 22, 1943.

Civil Actions, Pleading and Practice