CHAPTER 134

FORMERLY

HOUSE BILL NO. 403

AS AMENDED BY

HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 55, PART III, TITLE 25, OF THE DELAWARE CODE RELATING TO THE LANDLORD-TENANT CODE: AND PROVIDING FOR A TERMINATION OF TENANCY UNDER CERTAIN CIRCUMSTANCES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §5509, Chapter 55, Part III, Title 25, Delaware Code by striking subsection (b) in its entirety, and substituting in lieu thereof the following:

"(b) Upon thirty days' written notice, which thirty day period shall begin on the first day of the month following the day of actual notice? the tenancy may be terminated:

(1) by the tenant whenever a change in location of the tenant's employment by the tenant's present emoployer requires a change in the location of his residence, or

(2) by the tenant whenever the serious illness of the tenant or the death or serious illness of a member of his immediate family residing therein with him requires a change in the location of his residence on a permanent basis, or

(3) by the surviving spouse or personal representative of the estate of the tenant, upon the death of the tenant."

Section 2. Amend $5509, Chapter 55, Part III, Title 25, Delaware Code by adding a new subsection as follows:

"(d) Whenever (1) a rental agreement was executed by or on the behalf of a person who, after the execution of such rental agreement entered the military service of the United States on active duty, covering premises occupied for dwelling, professional, business, agricultural, or similar purposes, and (2) the premises so leased have been occupied for such purposes, or for a combination of such purposes, by such person or by him and his dependents, then such rental agreement may be terminated by notice in writing delivered to the landlord by the lessee at any time following the date of the beginning of his period of military service. Delivery of such notice may be accomplished by placing it in an envelope properly stamped and duly addressed to the lessor and depositing the notice in the United States mails.Termination of any such agreement providing for monthly payment of rent shall not be effective until thirty days after the first date on which the next rental payment is due and payable subsequent to the date when such notice is delivered or mailed. In the case of all other leases termination shall be effected on the last day of the month following the month in which such notice is delivered or mailed and in such case any unpaid rental for a period preceding termination shall be proratably computed and any rental paid in advance for a period succeeding termination shall be refunded by the lessor."

Approved July 12, 1977.