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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 official status indicates the bill has stalled in committee, so its future passage is uncertain.

HB229: Changing Notice Times for Summary Possession Hearings

This bill changes Delaware law to allow landlords more time, up to 90 days, before they must serve eviction papers.

What This Bill Does

  • Amends Title 25 of the Delaware Code regarding summary possession cases.
  • Increases the maximum notice period for serving a hearing and complaint from 30 days to 90 days.
  • Keeps the minimum notice requirement at least 5 days before the hearing date.

Who It Names or Affects

  • Landlords or property owners filing for summary possession
  • Tenants facing eviction proceedings in Delaware courts

Terms To Know

Summary Possession
A legal process used to remove a tenant from a rental property.
Notice of Hearing and Complaint
Official papers that tell the tenant about the eviction case and when it will be heard in court.

Limits and Unknowns

  • The bill text does not state a specific date when this law takes effect.
  • The official status shows the bill was introduced but has not been worked on by the committee as of March 10, 2026.

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.