SENATE BILL NO. 312
AN ACT TO AMEND PART III OF TITLE 25 OF THE DELAWARE CODE BY EXCLUDING LEASES FOR CERTAIN COMMERCIAL UNITS FROM APPLICATION OF CERTAIN PROVISIONS OF THE LANDLORD TENANT CODE.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend §5103, Title 25, Delaware Code, by redesignating said Section in its entirety as subsection (a) of §5103 and by striking from said subsection (a) the fourth sentence thereof, and by substituting therefor the following:
"Notwithstanding anything to the contrary in this Section, Chapters 53, 55, 61, 65, 67 and 70 of this Code shall not determine the legal rights, remedies or obligations of the parties and beneficiaries of any rental agreement for a commercial unit (as defined in §5102(1) of this Title:
(1) consisting of an aggregate rentable area (as defined in §5102(12) of this Title) in excess of 5,000 square feet; or
(2) comprising part of a structure or building containing three or more commercial units; or
(3) leased for a manufacturing or industrial use under the terms of the rental agreement."
Section 2. Further amend 0103. Title 25, Delaware Code, by adding thereto a new subsection (b), which subsection shall read as follows:
"The exemptions provided for by subsection (a) of this Section shall not apply to any rental agreement for a commercial unit entered into on or before the date on which the Act creating this subsection (b) shall be effective by reason of the signature of the Governor or otherwise by operation of law, or to any renewal of such agreement after such date, unless by express, written agreement of the parties."
Approved September 6, 1985