CHAPTER 255 - LANDLORD AND TENANT - NOTICE OF TERMINATION-FARM LAND LEASES IN NEW CASTLE COUNTY

AN ACT TO AMEND CHAPTER 142 OF THE REVISED CODE OF DELAWARE, 1935, AS AMENDED, RELATING TO LANDLORD AND TENANT BY PROVIDING FOR A CERTAIN NOTICE TO BE GIVEN BY THE LANDLORD OR TENANT FOR TERMINATION OF FARM LAND LEASES IN NEW CASTLE COUNTY.

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

Section 1. That Chapter 142 of the Revised Code of Delaware, 1935, as amended, be and the same hereby is further amended by adding after 4989 Section 4 thereof a new Section to be known as 4989A. Section 4A thereof, as follows:

4989A. Section 4A: Whenever a term of a demise of farm lands in New Castle County is, or becomes by construction, for one year or more, and six months or upwards before the end of the term either the landlord does not give notice in writing to the tenant in possession to remove, or the tenant does not give like notice to the landlord of his intention to remove from the demised premises, the lease shall be extended for an additional term of one year and so on from year to year until either the landlord or the tenant shall give the notice provided herein, and all the stipulations of the lease shall continue in force from year to year until either the landlord or the tenant shall give unto the other the notice prescribed herein; provided, however, that this Section shall not affect leases entered into prior to the passage of this Act, and provided further, that the parties to any written demise or lease may provide for a greater or less period therein than six months for the giving of notice of the termination of said lease or demise.

Section 2. All Acts or parts of Acts inconsistent herein are hereby repealed only in so far as such inconsistency is concerned.

Approved April 18, 1945.