CHAPTER 319

FORMERLY

HOUSE BILL NO. 509

AN ACT TO AMEND CHAPTER 57, TITLE 25, DELAWARE CODE, RELATING TO LANDLORD-TENANT RELATIONSHIPS BY PROVIDING FOR AN APPEAL FROM A SUMMARY PROCEEDING FOR POSSESSION.

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

WHEREAS, past amendments to the Landlord-Tenant Code eliminated the procedure for appeal from a summary proceeding for possession; and

WHEREAS, substantial confusion has arisen concerning the availability of appeal and the procedure on appeal, thus necessitating clarifications on the Landlord-Tenant Code; and

WHEREAS, the Division of Consumer Affairs of the Department of Community Affairs and Economic Development, through conferences with representatives of tenant and landlord interests, has determined that substantial agreement exists as to the necessity and advisability of such clarification.

NOW, THEREFORE:

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

Section 1. Amend Chapter 57, Title 25, Delaware Code, by adding a new section thereto to be known and designated as §5717 which shall read as follows:

§5717. Stay of Proceedings on Appeal

A party aggrieved by the judgement rendered in such proceeding may request in writing within five (5) days after judgement, a trial de novo before a special court comprised of three (3) other justices of the peace, which shall sit in the same court and render final judgement, by majority vote, on the original complaint within ten (10) days after such request for a trial de novo. No such request shall stay proceedings on such judgement unless the aggrieved party, at the time of making such request, shall execute and file with the court an undertaking to the successful party, with such bond or other assurances as may be required by the court, to the effect that the aggrieved party will pay all costs of such proceedings which may be awarded against him and abide the order of the court therein, and pay all damages including rent justly accruing during the pendency of such proceedings. All further proceedings in execution of the trial court judgement shall thereupon be stayed."

Approved July 8, 1980.