CHAPTER 242

FORMERLY

HOUSE BILL NO. 316

AS AMENDED BY

SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 67, TITLE 25 OF THE DELAWARE CODE RELATING TO AGRICULTURAL LEASES.

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

Section 1. Amend §6702, Chapter 67, Title 25 of the Delaware Code by striking said section in its entirety and substituting in lieu thereof the following new section to read as follows:

§6702. Term of Verbal Lease and Term of a Lease in which No Term is Expressed: Notice to Terminate: Continuance of Lease

(a) Every verbal lease of agricultural land and every written lease of agricultural land in which no term is expressed shall be deemed and construed to be a lease having a term of one year.

(b) In every verbal lease of agricultural land and every written lease of agricultural land in which no term is expressed, the lease shall terminate at the end of one year, provided, however, the landlord or tenant gives the other party notice in writing at least four months in advance of the expiration date thereof that the landlord or tenant, as the case may be, intends to terminate the lease at the expiration date thereof. If no such notice is given by either party the lease shall become a year to year lease renewing itself yearly under the same terms and conditions until the herein-mentioned notice requirement is met by either party desiring to terminate said lease.

(c) Notice, as provided for herein, shall not be required if all parties to a lease of agricultural land specify in writing that said lease shall terminate on the expiration date thereof without notice of such termination."

Section 2. Amend §6703, Chapter 67, Title 25, of the Delaware Code, by striking said section in its entirety and substituting in lieu thereof the following new section to read as follows:

"§6703. Lease of Agricultural Land in Which Term is Expressed: Notice to Terminate: Continuation of Lease

(a) In every written lease of agricultural land, which by its terms is for a definite period, the lease shall terminate on the expiration date thereof provided, however, the landlord or tenant gives the other party notice in writing at least four months in advance of the expiration date thereof that the landlord or tenant, as the case may be, intends to terminate the lease at the expiration date theieof. If no such notice is given by either party the lease shall become a year to year lease renewing itself yearly under the same terms and conditions until the hereinmentioned notice requirement is met by either party desiring to terminate said lease.

(a) Notice, as provided for herein, shall not be required if all parties to a lease of agricultural land specify in writing that said lease shall terminate on the expiration date thereof without notice of such termination."

Approved March 29, 1978.