CHAPTER 268

FORMERLY HOUSE BILL NO. 220

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 51, TITLE 25, DELAWARE CODE, RELATING TO TERMS AND CONDITIONS OF RESIDENTIAL LEASES FOR PERSONS OVER 60 YEARS OF AGE.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Chapter 51, Title 25, Delaware Code, is amended by adding thereto a new Section 5113 to read as follows:

§ 5113. Termination of leases upon death of tenants over 60 years of age

Every lease for a primary residence executed by a husband and wife either of which is 60 years of age or over shall terminate after the death of either spouse 30 days after notice from the surviving spouse of his or her desire to terminate, notwithstanding any contrary provisions or terms contained in such lease. However the legal representatives of such deceased spouse or the surviving spouse may, upon notice to the landlord, continue such lease under and subject to all the terms and conditions of the lease.

Approved July 13, 1971.