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SA1TOSB116 • 2025

This Amendment increases the time from 12 to 24 months for the period that would exclude a tenant from being able to pay their rent to prevent eviction so that this right would not apply to a tenant who has had 3 judgments in the previous 24 months.

This Amendment increases the time from 12 to 24 months for the period that would exclude a tenant from being able to pay their rent to prevent eviction so that this right would not apply to a tenant who has had 3 judgments in the previous 24 months.

Housing
Passed Legislature

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

Sponsor
Last action
2025-05-20
Official status
Introduced and Placed With Bill
Effective date
Not listed

Plain English Breakdown

The official source material did not provide specific details on what happens if a tenant has three judgments but pays overdue rent within 24 months, leaving this as an unknown.

Tenant Protection Amendment

This amendment changes how long a tenant can delay eviction if they pay their rent late, from one year to two years, but not for tenants with three past court judgments against them.

What This Bill Does

  • Changes the time period during which a tenant can avoid eviction by paying overdue rent from 12 months to 24 months.
  • Doesn't allow this protection if a tenant has had three court decisions against them in the last two years.
  • Requires tenants who pay after a notice of eviction is posted to file a request with the court to stop the eviction process.
  • Clarifies that paying rent after an eviction notice doesn't automatically cancel the case; it only delays the eviction until the landlord receives the full payment.

Who It Names or Affects

  • Tenants who are behind on their rent and facing eviction
  • Landlords dealing with tenants who have overdue payments

Terms To Know

judgment
A decision made by a court in a legal case.
writ of possession
An official order from the court that allows a landlord to take back a property if a tenant hasn't paid rent or broken another part of their lease agreement.

Limits and Unknowns

  • The bill does not specify what happens if a tenant has three judgments but pays overdue rent within 24 months.
  • It is unclear how this change will affect the number of evictions in practice.
  • The amendment does not address other aspects of tenant-landlord relationships beyond eviction protections.

Bill History

  1. 2025-05-20 Delaware General Assembly

    Introduced and Placed With Bill

Official Summary Text

This Amendment increases the time from 12 to 24 months for the period that would exclude a tenant from being able to pay their rent to prevent eviction so that this right would not apply to a tenant who has had 3 judgments in the previous 24 months.
This Amendment increases the time from 12 to 24 months for the period that would exclude a tenant from being able to pay their rent to prevent eviction so that this right would not apply to a tenant who has had 3 judgments in the previous 24 months. It also puts the requirement on the tenant to proactively file with the court a request for a stay if payment is made after the writ of possession has been posted. It also makes clear that once a writ is posted, a payment only stays the writ and does not require dismissal of the case until payment has cleared and landlord has fully received the funds through the bank.