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HB229 • 2025

AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO SUMMARY POSSESSION.

AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO SUMMARY POSSESSION.

Housing
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Ortega
Last action
2026-03-10
Official status
House Housing 6/26/25
Effective date
Not listed

Plain English Breakdown

The bill has passed both chambers but its final status is not provided in the official source material.

Law Changes Notice Period for Summary Possession

This law changes how much notice landlords must give tenants before a summary possession hearing, increasing it from between 5 and 30 days to between 5 and 90 days.

What This Bill Does

  • Changes the time frame in which notice of a hearing and complaint can be served for summary possession actions.
  • Updates Title 25 of the Delaware Code to reflect these changes.

Who It Names or Affects

  • Landlords who need to give notice before a summary possession hearing.
  • Tenants who receive notices about summary possession hearings.

Terms To Know

Summary Possession
A legal process used by landlords to remove tenants from rental properties when there is a breach of lease agreement or other legal issues.
Notice Period
The amount of time before an event, such as a hearing, that someone must be informed about it.

Limits and Unknowns

  • Does not specify the exact circumstances under which landlords can choose to serve notice within this extended period.
  • It is unclear how this change will affect existing legal cases or agreements between landlords and tenants.
  • The bill has passed both chambers but its final status, including whether it was signed into law by the governor, is not provided.

Bill History

  1. 2026-03-10 Delaware General Assembly

    Not Worked in Committee

  2. 2025-06-26 Delaware General Assembly

    Introduced and Assigned to Housing Committee in House

Official Summary Text

AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO SUMMARY POSSESSION.
This Act increases the notice period during which notice of a hearing and complaint must be served in an action for summary possession from between 5 and 30 days to between 5 and 90 days prior to the time at which the complaint is to be heard.

Current Bill Text

Read the full stored bill text 
Legislation Document

SPONSOR:

Rep. Ortega & Sen. Huxtable

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 229

AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO SUMMARY POSSESSION.

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

Section 1. Amend § 5705, Title 25 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 5705. Service and filing of notice.

(a) The notice of hearing and the complaint shall be served at least 5 days and not more than

30

90

days before the time at which the complaint is to be heard.

SYNOPSIS

This Act increases the notice period during which notice of a hearing and complaint must be served in an action for summary possession from between 5 and 30 days to between 5 and 90 days prior to the time at which the complaint is to be heard.