Chapter 70

§ 7001 Purposes and policies; enforceability. (a) Subchapters I through V of this chapter must be liberally construed and applied to promote the following underlying purposes and policies: (1) To clarify and establish the law governing the rental of lots for manufactured homes as well as the rights and obligations of manufactured home community owners (landlords), manufactured homeowners (tenants), and residents of manufactured home communities. (2) To encourage manufactured home community owners and manufactured homeowners, and residents to maintain and improve the quality of life in manufactured home communities. (b) Subchapters I through V of this chapter apply to all rental agreements for manufactured home lots and regulates and determines the legal rights, remedies, and obligations of all parties to a rental agreement, wherever executed, for a lot for a manufactured home in a manufactured home community within this State. A provision of a rental agreement which conflicts with a provision of subchapters I through V of this chapter and is not expressly authorized herein is unenforceable. The unenforceability of a provision does not affect the enforceability of other provisions of a rental agreement which can be given effect without the unenforceable provision. 25 Del. C. 1953, §  7001; 58 Del. Laws, c. 286 ; 58 Del. Laws, c. 472, §  4 ; 65 Del. Laws, c. 446, §  1 ; 66 Del. Laws, c. 268, §  1 ; 74 Del. Laws, c. 35, §  2 ; 82 Del. Laws, c. 38, § 2 ; § 7001A The Delaware Manufactured Housing Alternative Dispute Resolution Act [Repealed]. 75 Del. Laws, c. 382, §  1 ; 70 Del. Laws, c. 186, §  1 ; repealed by 80 Del. Laws, c. 53 § 1, eff. June 26, 2015. ; § 7002 Jurisdiction. (a) Any person, whether or not a citizen or resident of this State, who owns, holds an ownership or beneficial interest in, uses, manages, or possesses real estate situated in this State submits to the jurisdiction of the courts of this State as to any action or proceeding for the enforcement of an obligation or right arising under subchapters I through V of this chapter. (b) A summary proceeding to recover the possession of a rented lot, pursuant to Chapter 57 of this title, may be maintained in the Justice of the Peace Court in the county where the property is located. (c) In the absence of a provision in subchapters I through V of this chapter governing the relationship between a manufactured homeowner (tenant) and a manufactured home community owner (landlord), the Residential Landlord-Tenant Code, under Part III of this title, governs the relationship. The Residential Landlord-Tenant Code also governs the rental of manufactured homes. In the event of conflict between the provisions of subchapters I through V of this chapter and the Residential Landlord-Tenant Code, subchapters I through V of this chapter govern issues pertaining to the rental of lots in manufactured home communities. 25 Del. C. 1953, §  7002; 58 Del. Laws, c. 286 ; 58 Del. Laws, c. 472, §  4 ; 64 Del. Laws, c. 95, §  1 ; 65 Del. Laws, c. 446, §  1 ; 66 Del. Laws, c. 268, §  1 ; 74 Del. Laws, c. 35, §  2 ; 82 Del. Laws, c. 38, § 4 ; § 7003 Definitions. For purposes of this chapter: (1) “Agreement” means a written rental agreement. (2) “Authority” or “DEMHRA” means the Delaware Manufactured Home Relocation Authority. (3) “Common area” means shared land or facilities within a manufactured home community over which the landlord retains control. (4) “Community owner” or “landlord” means the owner of 2 or more manufactured home lots offered for rent. It includes a lessor, sublessor, park owner, or receiver of 2 or more manufactured home lots offered for rent, as well as any person, other than a lender not in possession, who directly or indirectly receives rents for 2 or more manufactured home lots offered for rent and who has no obligation to deliver such rents to another person. (5) “CPI-U” means the Consumer Price Index for All Urban Consumers in the Philadelphia-Camden-Wilmington region. (6) “DMHOA” means the Delaware Manufactured Homeowners’ Association. (7) “Guest” or “visitor” means a person who is not a tenant or resident of a manufactured home community and who is on the premises of the manufactured home community with the express or implied permission of a tenant or resident of the community. (8) “Heir” means someone who obtains an interest in a manufactured home as the result of the death of another person. This includes obtaining an interest through a will, intestate succession, or transfer on death designation. (9) “Holdover” means a tenant who retains possession of a rented lot in a manufactured home community after the termination, nonrenewal, or expiration of a rental agreement governing the rented lot. (10) “Homeowner” or “tenant” means an owner of a manufactured home who has a tenancy of a lot in a manufactured home community; a lessee. (11) “Landlord” or “community owner” means the owner of 2 or more manufactured home lots offered for rent. It includes a lessor, sublessor, park owner, or receiver of 2 or more manufactured home lots offered for rent, as well as any person, other than a lender not in possession, who directly or indirectly receives rents for 2 or more manufactured home lots offered for rent and who has no obligation to deliver such rents to another person. (12) “Lease” or “rental agreement” means a written contract between a landlord and a tenant establishing the terms and conditions whereby a manufactured home is placed upon or is allowed to remain upon a rented or leased lot in a manufactured home community. (13) “Manufactured home” means any of the following: a. A factory-built, single-family dwelling that is all of the following: 1. Transportable in 1 or more sections, which is either 8 body feet or more in width and 40 body feet or more in length, or, when erected on site, has more than 400 square feet in living area. 2. With or without a permanent foundation and designed to be used as a year-round dwelling when connected to the required utilities. 3. If manufactured since June 15, 1976, built in accordance with manufactured home construction requirements promulgated by the federal Department of Housing and Urban Development (HUD) or by other applicable codes. “Manufactured home” is synonymous with “mobile home”, “trailer”, and similar terms used elsewhere in this title. b. A home consisting primarily of a camper trailer, recreational vehicle, motor home, or similar vehicle or trailer designed to serve as a mobile, temporary residence if all of the following are true: 1. The camper trailer, recreational vehicle, motor home, or similar vehicle or trailer is located in a manufactured home community that contains at least 2 manufactured homes as defined by paragraph (13)a. of this section or contained 2 such homes at the time the tenant obtained title to the camper trailer, recreational vehicle, motor home, or similar vehicle or trailer. 2. The camper trailer, recreational vehicle, motor home, or similar vehicle or trailer is the primary residence of the tenants. 3. At the time the current tenant obtained title to the camper trailer, recreational vehicle, motor home, or similar vehicle or trailer; the camper trailer, recreational vehicle, motor home, or similar vehicle or trailer was not mobile and could not reasonably be returned to a condition where it would be mobile. c. Homes defined as a manufactured home under paragraph (13)b. of this section shall be considered manufactured homes for the purpose of applying the provisions of this chapter to those homes’ lot leases except that: 1. Homes defined as manufactured homes under paragraph (13)b. of this section shall not be considered manufactured homes for purposes of zoning, taxation, or any other purpose unless the home meets an applicable definition of a manufactured home other than paragraph (13)b. of this section. 2. Lot leases for homes defined as manufactured homes under paragraph (13)b. of this section are not transferable under § 7013 of this title. (14) “Manufactured home community” means a parcel of land where 2 or more lots are rented or offered for rent for the placement of manufactured homes. Manufactured home community is synonymous with “mobile home park,” “trailer park,” and “trailer court.” (15) “Market rent” means that rent which would result from market forces absent an unequal bargaining position between the community owner and the homeowners. In determining market rent, relevant considerations include rents charged to recent new homeowners entering the subject manufactured home community or by comparable manufactured home communities, or both. To be comparable, a manufactured home community must be within the competitive area and must offer similar facilities, services, amenities, and management. (16) “Notice” means a written announcement, warning or other communication delivered to or served upon a person, as designated in statute. (17) “Official notice of an unsafe condition” means a citation, charge, indictment, notice of violation or similar notice, or a finding of fact or conclusion of law issued by any court, administrative agency, county, or municipality that a violation of a requirement under this chapter or of federal, state, county, or municipal law or regulation, which relates to water, sewer, or utilities distributed by the community owner, exists. (18) “Premises” means the rented lots in a manufactured home community, the structures upon them, and the facilities and appurtenances thereon, as well as the grounds, common areas, and facilities held out for the use of the tenants and residents generally or whose use is contracted for between landlord and tenant. (19) “Quiet enjoyment” includes the peaceful possession of the premises in a manufactured home community without unwarranted disturbance. (20) “Recreational vehicle” means a travel trailer, camping trailer, park trailer, camper, camper motor home or similar accommodation which is primarily designed as temporary living quarters for recreational camping or for seasonal or travel use and which either has its own motor power or is mounted on or drawn by another vehicle. (21) “Related party” means any of a person’s parents, spouse, children, and siblings of the whole and half-blood. (22) “Rent” means money paid by a tenant to a landlord for the possession, use and enjoyment of a rented lot and other parts of the premises in a manufactured home community pursuant to a rental agreement. For purposes of summary possession, rent includes late fees for rent, other fees and charges, including utility charges, and the tenant’s share of the Delaware Manufactured Home Relocation Trust Fund assessment. (23) “Rental agreement” or “lease” means a written contract between a landlord and a tenant establishing the terms and conditions whereby a manufactured home is placed upon or is allowed to remain upon a rented or leased lot in a manufactured home community. (24) “Resident” means a person who resides in a manufactured home located in a manufactured home community. A resident may or may not be a tenant. (25) “Seasonal property” means a parcel of land operated as a vacation resort on which 2 or more lots are rented or offered for rent for the placement of manufactured homes or other dwellings used less than 8 months of the year. A seasonal property is characterized by a lack of availability of year-round utilities and by the fact that its tenants have primary residences elsewhere. (26) “Standing water” means motionless water, not flowing in a stream, tide, or current, that has not dissipated within 48 hours after cessation of precipitation. (27) “Tenant” or “homeowner” means an owner of a manufactured home who has a tenancy of a lot in a manufactured home community; a lessee. (28) “Tree” for the purpose of this chapter means a woody, perennial plant at least 25 feet in height or with a main stem a minimum of 6 inches in diameter. (29) “Trust Fund” means the Delaware Manufactured Home Relocation Trust Fund. (30) “Unsafe condition” means a condition within a manufactured home community that threatens or has threatened the life, health, or safety of a resident, visitor, or guest of the manufactured home community. (31) “Utility charge” means a charge by a landlord or others to a tenant for a service, such as water, sewer, electricity, fuel, propane, cable television, or trash. (32) “Utility service” means a service provided by a landlord or others to a tenant for a service, such as water, sewer, electricity, fuel, propane, cable television, or trash. 25 Del. C. 1953, §  7003; 58 Del. Laws, c. 286 ; 58 Del. Laws, c. 472, §  4 ; 65 Del. Laws, c. 446, §  1 ; 66 Del. Laws, c. 268, §  1 ; 74 Del. Laws, c. 35, §  2 ; 74 Del. Laws, c. 147, §  1 ; 77 Del. Laws, c. 258, §  1 ; 82 Del. Laws, c. 38, § 5 ; 83 Del. Laws, c. 341, § 1 ; 83 Del. Laws, c. 358, § 1 ; 84 Del. Laws, c. 357, § 1 ; 85 Del. Laws, c. 206, § 1 ; § 7004 Exemptions. (a) Except for homes defined as “manufactured homes” in § 7003(13) of this title, the rental of ground upon which a recreational vehicle is placed, including any facilities or utilities thereon, is exempt from the requirements of subchapters I through V of this chapter and nothing in subchapters I through V of this chapter may be construed as determining, regulating, or governing the legal rights of parties to any lease or rental agreement for the ground on which a recreational vehicle is situated. (b) The rental of ground within the category of seasonal property is exempt from the requirements of subchapters I through V of this chapter and nothing in subchapters I through V of this chapter may be construed as determining, regulating, or governing the legal rights of parties to any lease or rental agreement for the rental of ground within the category of seasonal property. 25 Del. C. 1953, §  7005; 58 Del. Laws, c. 286 ; 58 Del. Laws, c. 472, §  4 ; 65 Del. Laws, c. 446, §  1 ; 66 Del. Laws, c. 268, §  1 ; 74 Del. Laws, c. 35, §  2 ; 74 Del. Laws, c. 147, §  2 ; 82 Del. Laws, c. 38, § 6 ; 83 Del. Laws, c. 358, § 1 ; 85 Del. Laws, c. 206, § 1 ; § 7005 Enforcement. (a) It is the duty and obligation of the Consumer Protection Unit, or its successor, of the Department of Justice to enforce the provisions of subchapters I through V of this chapter. A violation of any provision of subchapters I through V of this chapter by a landlord is within the scope of enforcement duties and powers of the Consumer Protection Unit, or its successor, of the Department of Justice. (b) Whenever the Consumer Protection Unit, or its successor, of the Department of Justice has reasonable cause to believe that any landlord is engaged in a pattern or practice of violating or failing to comply with the terms of any provision of a rental agreement covered by this chapter, the Attorney General may commence a civil action in any court of competent jurisdiction and seek such relief as the Department of Justice deems necessary to enforce and to ensure the compliance with the terms of such agreement. (c) A pattern or practice of violations by a landlord of any provision of subchapters I through V of this chapter or a pattern or practice of violations by a landlord of a provision of a rental agreement required by this chapter shall be deemed an unlawful practice under § 2513 of Title 6 and a violation of subchapter II of Chapter 25 of Title 6 if all of the following are true: (1) The violation was not the direct result of a condition caused by the want of due care by the tenant, a member of the family, or any other person on the premises with the tenant’s consent. (2) The landlord had actual notice of the condition that caused the violation. (3) The landlord failed to correct the conditions causing the violation in a timely manner. (4) The condition that caused the violation created a risk to health or safety of the tenants or occupants or created a risk to the property of tenants or occupants. 65 Del. Laws, c. 446, §  1 ; 66 Del. Laws, c. 268, §  1 ; 69 Del. Laws, c. 291, §  98(b), (c) ; 74 Del. Laws, c. 35, §  2 ; 75 Del. Laws, c. 382, §  6 ; 82 Del. Laws, c. 38, § 7 ; 85 Del. Laws, c. 205, § 1 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 7006 Requisites for rental of a manufactured home lot. A landlord shall not rent a lot in a manufactured home community without first delivering to the prospective tenant a copy of the proposed rental agreement, a copy of the rules, standards, and fee schedule of the manufactured home community, a copy of this chapter, and a summary of this chapter written by the Department of Justice and made available to all landlords prior to January 1, 2012, all of which shall be delivered to the prospective tenant at the time the prospective tenant obtains from the landlord an application for tenancy in the community. The prospective tenant shall acknowledge such delivery by signing a receipt. 74 Del. Laws, c. 35, §  2 ; 78 Del. Laws, c. 20, §  1 ; 79 Del. Laws, c. 412, §  1 ; 82 Del. Laws, c. 38, § 9 ; § 7007 Manufactured home standards. (a) Standards for manufactured homes of new tenants. — (1) A landlord shall adopt reasonable written standards regarding the size, age, quality, appearance, construction, materials, and safety features for a manufactured home entering the landlord’s manufactured home community. (2) A landlord may refuse to allow the placement of a manufactured home on a lot in the manufactured home community if the manufactured home does not comply with the reasonable written standards adopted under paragraph (a)(1) of this section. (b) Standards for manufactured homes not for sale. — A tenant who is residing in a manufactured home community at the time a standard is promulgated must bring the tenant’s own manufactured home into compliance with the standard within 9 years of the promulgation of the standard or be subject to a summary possession proceeding under Chapter 57 of this title. However, if a change in a manufactured home is necessary to protect life or for other safety reason, the landlord may require that the change be made in less than 9 years. Once work begins on the manufactured home, the necessary change must be completed within a reasonable time. (c) Standards for manufactured homes for resale or transfer of title and retention in the manufactured home community. — (1) A landlord shall adopt reasonable written standards regarding the resale or transfer of title of a manufactured home intended for retention in the landlord’s manufactured home community. The standards must relate only to appearance, maintenance, safety, and compliance with state and local housing, building, or health codes, and the 1976 HUD Code. A landlord may not issue standards in which the age of a manufactured home is the exclusive or dominant criterion prohibiting the home from being sold and retained in the community after the sale is consummated. (2) [Repealed.] (3) If a homeowner notifies the community owner of the intent to sell the home under § 7013(c)(1)a. of this title, the community owner may conduct an exterior inspection of the home to determine if the home qualifies for retention in the manufactured home community according to written standards promulgated under this section. (4) If the community owner chooses to conduct an inspection under this subsection, it must do so within 10 days of the date the homeowner sent the notice of intent to sell to the community owner. (5) Within 7 days of the inspection under this subsection, the community owner must provide a written list, with references to the applicable rules, of any conditions in violation of the standards. (6) A buyer or transferee who becomes a tenant in a manufactured home community has 90 days from the date of the resale or transfer, or if the transfer took place between November 1 and March 1, then until June 1, to complete changes to the buyer or transferee’s manufactured home required under the written standards of the manufactured home community unless the parties agree in writing to a longer period. If work to be completed cannot reasonably be completed within the time frame described in this paragraph, the homeowner must submit an explanation to the community owner of the efforts taken to complete the work and submit a plan for the completion of the work, and the community owner must allow a reasonable amount of time under the circumstances to complete the work. Once the work begins on the manufactured home on a specific item from the list, the necessary changes for that item must be completed within a reasonable time. (7) A buyer or transferee who does not complete required changes under paragraph (c)(6) of this section is subject to a summary possession proceeding pursuant to Chapter 57 of this title. (d) A standard promulgated under subsection (a), (b), or (c) of this section may not be arbitrarily or capriciously enforced. A landlord may choose not to enforce a standard based upon the documented special needs or hardship of a tenant without waiving the right to the later enforcement of the standard as to that tenant or any other tenant. (e) A landlord may at any time establish or amend a standard promulgated under subsection (a), (b), or (c) of this section, but an established or amended standard promulgated under subsection (b) or (c) of this section is not effective until the date specified in the established or amended standard or 60 days after the landlord delivers to the tenant written notice of the established or amended standard, whichever is later. (1) Within 10 days of the landlord’s notice of the established or amended standard, a committee, not to exceed 5 members, may be chosen by any method agreed to by the tenants of the manufactured home community. (2) The committee shall meet with the landlord at a mutually convenient time and place to discuss the established or amended standard. (3) At the meeting, the landlord shall disclose and explain all material factors and present any supporting documentation for the established or amended standard. 74 Del. Laws, c. 35, §  2 ; 82 Del. Laws, c. 38, § 10 ; 85 Del. Laws, c. 206, § 1 ; § 7008 Provisions of a rental agreement. (a) All new and renewing rental agreements, including those rental agreements whose original term has expired, for a lot in a manufactured home community must contain all of the following: (1) The specific identification and location of the rented lot within the manufactured home community. (2) The total amount of annual rent for the lot. (3) The term of the rental agreement. (4) The terms for payment of rent. a. Rent shall be in monthly increments, unless the parties agree otherwise under paragraph (a)(4)c. of this section. b. Rental payments shall be paid by the tenant to the community owner or landlord in equal dollar amounts, or as close thereto as possible, and shall be extended equally, pro rata on a monthly basis, over a calendar year. c. Any provision in a rental agreement or otherwise which requires rental payments or rental increases to be paid in one lump sum shall be null and void. However, a tenant may request and the community owner or landlord may agree thereto, that rental payment be made in a 1-time lump sum payment by the tenant. d. The provisions of this section shall be prospective in nature. e. The monthly rental amount, as aggregated, must not exceed the annual rental amount and such monthly rental amount shall be determined by dividing the total annual into 12 equal payments, to be made on a monthly rental schedule. f. The amount of rent due each month and the date the monthly rent payment is due. (5) The amount of any late-payment fee for rent and the conditions under which the fee may be imposed. (6) A listing of each other fee or charge in a manner that identifies the service to be provided for the fee or charge in accordance with the provisions under § 7020 of this title. (7) The name and address of the landlord or the person authorized to receive notices and accept service on the landlord’s behalf. (8) The name and location of the federally insured financial institution where the landlord’s security-deposits account is located. (9) A services rider which contains a description of each utility, facility, and service provided by the landlord and available to the tenant. The services rider must clearly indicate the financial responsibility of the tenant and the landlord for installation and maintenance of each service, and the related fees or charges for each service. (10) A rental agreement summary that must contain all of the following: a. A brief description of the manufactured home. b. The rented lot. c. The amount of the annual rent and monthly rental payment. d. The duration of the rental agreement. e. The landlord’s mailing address. f. The name, address, and phone number of the property manager. g. The tenant’s mailing address. h. Fees. i. The amount of the security deposit. j. [Repealed.] k. The amount of rent charged for the lot for the 3 most recent past years. If the amounts are unknown after a diligent search or if the lot was not rented, a statement to that effect must be included. The rent history provided pursuant to this paragraph may not be used as a predictor of future rent increases, nor may it be used against the community owner or landlord in any way. (11) The grounds for termination, as described in subchapters I through V of this chapter. (12) A specific reference to this subchapter as the law governing the relationship between the landlord and the tenant regarding the lot rental. (13) Provisions requiring the landlord to do all of the following: a. Maintain and regrade the lot area where necessary and in good faith, as permitted by law, to prevent the accumulation of standing water thereon and to prevent the detrimental effects of moving water if such efforts do not cause the creation of any new accumulations of standing water or detrimental effects of moving water on another lot area. Areas defined by local, state, or federal regulations as wetlands, flood plains, tidal areas, water recharge areas, or recorded drainage systems are exempt from this paragraph. b. Maintain the manufactured home community in such a manner as will protect the health and safety of residents, visitors, and guests. c. Identify each lot area in the community in such a way that each tenant can readily identify that tenant’s own area of responsibility. d. Maintain the community, including common areas and rental lots not under rent, keeping it free of species of weeds or plant growth which are noxious or detrimental to the health of the residents. e. Make a good faith effort to exterminate insects, rodents, vermin, or other pests which are dangerous to the health of the residents when an infestation exists in the common areas of the community. f. Maintain all water, electrical, plumbing, gas, sewer, septic, and other utilities and services provided by the landlord in good working order, repairing these utilities and services within the earlier of 48 hours after written notification of a utility or service problem, or as soon thereafter as is practicable if a repair within 48 hours is not practicable. g. When applicable, specify whether septic systems are to be maintained by the landlord or by the tenant. h. Respect the privacy of residents and agree not to enter into, under, or on the manufactured home without the permission of the tenant or an adult resident unless emergency circumstances exist and entry is required to prevent injury to person or damage to property. However, the landlord may, with 72 hours’ notice, inspect any utility connections owned by the landlord or for which the landlord is responsible. i. Maintain all roads within the community in good condition. j. Comply with all federal, state, and local building codes. k. Allow the tenant freedom of choice in the purchase of goods and services other than utilities and related services subject to the limitations in paragraph (b)(13) of this section. l. Maintain, care for, and remove, if necessary, trees on any lot, including common areas, if the tree is at least 25 feet in height or has a main stem or trunk larger than 6 inches in diameter. Such maintenance, care, and removal means those steps required to maintain a live and healthy tree condition per standard horticultural practices in accordance with the standards as set forth by the American Association of Nurserymen. 1. Nothing contained in this paragraph (a)(13) l. of this section requires the landlord to remove leaves, needles, pine cones, sap, pods, seed containers, or any such material normally produced by the tree as part of its life cycle. 2. The landlord must respect the privacy of the tenant and not enter the rented lot to maintain, care for, or remove trees without the permission of the tenant or an adult resident unless emergency circumstances exist and entry is required to prevent injury to person or damage to property. (14) Provisions requiring the tenant to do all of the following: a. Keep the exterior of the manufactured home and the rented lot in a clean and sanitary condition. b. Refrain from storing outside on the lot occupied by the tenant’s manufactured home building materials, furniture, or similar items usually not stored outside a home by a property owner in a residential area. c. Dispose of all rubbish, garbage, and other waste materials in a clean and sanitary manner. d. Abide by all reasonable written rules concerning use, occupation, and maintenance of the premises, under § 7018 of this title. e. Abide by all reasonable written manufactured home standards under § 7007 of this title. (15) For a manufactured home community that is supplied by potable water from a private water system, a provision requiring the landlord to do all of the following: a. Comply with the testing requirements for a community water system as established by the Division of Public Health under § 122(3)c. of Title 16. b. Report the results of testing required under paragraph (a)(15)a. of this section to those required by the Division of Public Health for a community water system and to all of the following in a timely manner and as required under § 7015 of this title: 1. The tenants of the manufactured home community. 2. The Division of Public Health. 3. The Department of Justice’s Manufactured Housing Ombudsperson. (16) For a manufactured home community with an on-site wastewater treatment and disposal system, a provision requiring the landlord to do all of the following: a. Cause the on-site wastewater treatment and disposal system to be emptied by a Class F liquid waste hauler licensed by the Department of Natural Resources and Environmental Control (“Department”) and serviced at least every 3 years to ensure the system’s working condition and to provide sufficient sewage capacity as required under other law of this State and the county or municipal government with jurisdiction over the manufactured home community. b. Cause the on-site wastewater treatment and disposal system to be inspected by an independent third party when the system is serviced. 1. For an on-site wastewater treatment and disposal systems with a design flow rate of less than 2,500 gallons per day, the inspection must be performed by a Class H system inspector licensed by the Department. The Class H inspection must be performed and reported to the Department under the Class H inspection requirements adopted by the Department under Regulation 7101 of Title 7 of the Delaware Administrative Code [7 DE Admin. Code § 7101]. 2. For an on-site wastewater treatment and disposal system with a projected wastewater design flow of 2,500 gallons per day or greater, the inspection must be performed by a Class B designer or Class C designer licensed by the Department. The results of the inspection must be reported to the Department on a form approved by the Department within 72 hours of the completion of the inspection. c. Report, in a timely manner and as required under § 7015 of this title, the results of the inspection to the tenants, the Department of Justice’s Manufactured Housing Ombudsperson, and the county or municipal government with jurisdiction over the manufactured home community. (b) A rental agreement for a lot in a manufactured home community may not contain any of the following: (1) A provision whereby the tenant authorizes a person to confess judgment on a claim arising out of the rental agreement. (2) A provision whereby the tenant agrees to waive or to forego any right or remedy provided by law. (3) A provision whereby the tenant waives the right to a jury trial. (4) A provision which permits the landlord to take possession of the rented lot or the tenant’s personal property without the benefit of formal legal process. (5) A provision which permits the landlord to collect a fee for late payment of rent without allowing the tenant to remit the monthly rent in full a minimum of 5 days beyond the date the rent is due. (6) A provision which permits the landlord to impose for late payment of rent, based on a monthly payment, a fee in excess of the greater of $25 or 5% of the monthly rental payment specified in the rental agreement. (7) A provision which permits the landlord to charge an amount in excess of 1 month’s rent for a security deposit, unless mutually agreed to, or to retain the security deposit upon termination of the rental agreement when the tenant has paid the rent and any fees or charges in full as of the date of termination and has caused no damage to the landlord’s property. (8) A provision which permits the landlord to collect a deposit in excess of 1 normal billing period for any governmental mandated charge which is the responsibility of the tenant and would ultimately become the responsibility of the landlord if not paid by the tenant, or to retain the deposit upon termination of the lease if the tenant has paid the mandated charge. (9) A provision which prohibits the tenant from terminating the rental agreement upon a minimum of 30 days notice when a change in the location of the tenant’s current employment causes the tenant to commute 30 miles farther from the manufactured home community than the tenant’s current commuting distance from the community, or a provision which prohibits a tenant who is a member of the armed forces of the United States from terminating a rental agreement with less than 30 days notice to the landlord if the tenant receives reassignment orders which do not allow at least 30 days notice. (10) A provision for a waiver of any cause of action against, or indemnification for the benefit of, the landlord by the tenant for any injury or harm caused to the tenant or to residents, guests, or visitors or to the property of the tenant, residents, guests, or visitors resulting from any negligence of the landlord or of a person acting for the landlord in the performance of the landlord’s obligations under the rental agreement. (11) A provision which denies to the tenant the right to treat a continuing, substantial violation by the landlord of any agreement or duty protecting the health, welfare, or safety of the tenant or residents as a constructive or actual eviction which would otherwise permit the tenant to terminate the rental agreement and to immediately cease payments thereunder; provided, that the landlord fails to correct the condition giving rise to the violation or fails to cease the violation within a reasonable time after written notice is given to the landlord by the tenant. (12) A provision which prohibits displaying a for-sale sign that advertises the sale of a manufactured home in a manufactured home community; however, the landlord may establish reasonable limitations as to the number of signs and the size and placement of signs. (13) A provision which unreasonably limits freedom of choice in the tenant’s purchase of goods and services, however, a landlord may do any of the following: a. Prohibit service vehicles to have access to the manufactured home community in such numbers or with such frequency that a danger is created or that damage beyond ordinary wear and tear is likely to occur to the infrastructure of the community. b. Restrict trash collection to a single provider. c. Select shared utilities. (14) A provision which permits the recovery of attorneys’ fees by either party in a suit, action, or proceeding arising from the tenancy. (15) A provision which violates any federal, state, or local law. (16) A provision which requires the tenant do any of the following: a. Sell or transfer a manufactured home to the landlord. b. Buy a manufactured home from the landlord. c. Sell a manufactured home through the services of the landlord. (17) A provision which requires the tenant to provide the landlord with a key to the tenant’s manufactured home or any appurtenances thereto. (18) A provision which regulates the use of satellite dishes or television antennas that conflicts with federal law or FCC regulations. (19) A provision which requires the tenant to accept automatic deduction of rent payments from the tenant’s checking or other account. (20) A provision which grants the landlord an option or right of first refusal to purchase the tenant’s manufactured home. (21) A provision which limits to a liquidated sum the recovery to which the tenant otherwise would be entitled in an action to recover damages for a breach by the landlord in the performance of the landlord’s obligations under the rental agreement. (22) A provision that terminates a lease due to the death of any tenant, including 1 that terminates due to the death of the last remaining tenant. (c) If a court finds that a tenant’s rental agreement contains a provision in violation of subsection (b) of this section, all of the following apply: (1) The landlord shall remove the provision and provide all affected tenants by regular first-class mail with proof of mailing or by certified mail, return receipt requested, at the address of the tenants’ rented lots, with either an amended rental agreement or corrective addendum to the rental agreement within 30 days of the exhaustion of all appeals, if any are taken. (2) The landlord is liable to the tenant for actual damages suffered by the tenant as a result of the violation, plus court costs, if any. (d) If a court finds that a landlord has wilfully included in the rental agreement a provision in violation of subsection (b) of this section, the tenant is entitled to recover 3 months’ rent in addition to an award under subsection (c) of this section. (e) A rental agreement must be executed before a tenant occupies a lot. (f) A landlord may not offer a lot for rent in a manufactured home community unless the lot conforms to the applicable state, county, or municipal statutes, ordinance, or regulations under which the manufactured home community was created, or under which the manufactured home community currently and lawfully exists. (g) A violation of subsection (f) of this section is punishable by a fine of not more than $1,000. (h) If a court of competent jurisdiction finds that a tenant’s rental agreement fails to contain a provision required by subsection (a) of this section, all of the following apply: (1) The landlord shall include the provision and provide all affected tenants by regular first-class mail with proof of mailing or by certified mail, return receipt requested, at the address of the tenants’ rented lots, with either an amended rental agreement or corrective addendum to the rental agreement within 30 days of the exhaustion of all appeals, if any are taken. (2) The landlord is liable to the tenant for actual damages suffered by the tenant as a result of the violation, plus court costs, if any. (i) If a court finds that a landlord has wilfully failed to include in the rental agreement a provision required by subsection (a) of this section, the tenant is entitled to recover 3 months’ rent in addition to an award under subsection (h) of this section. (j) Both the landlord and tenant shall comply with the provisions of the rental agreement. The remedies available to a landlord or a tenant set forth in this chapter are in addition to those remedies available to a landlord or a tenant in a court of competent jurisdiction for the failure by the landlord or the tenant to comply with any provision of a rental agreement. 25 Del. C. 1953, §§  7004, 7006; 58 Del. Laws, c. 286 ; 58 Del. Laws, c. 472, §  4 ; 65 Del. Laws, c. 446, §  1 ; 66 Del. Laws, c. 268, §  1 ; 70 Del. Laws, c. 186, §  1 ; 74 Del. Laws, c. 35, §  2 ; 75 Del. Laws, c. 375, §  1 ; 75 Del. Laws, c. 382, §§  3-5 ; 77 Del. Laws, c. 53, §  1 ; 77 Del. Laws, c. 258, §§  2, 3 ; 77 Del. Laws, c. 259, §  1 ; 82 Del. Laws, c. 38, § 11 ; 83 Del. Laws, c. 475, § 1 ; 85 Del. Laws, c. 206, § 1 ; § 7009 Term of rental agreement; renewal of rental agreement [For application of this section, see 79 Del. Laws, c. 304, § 7]. (a) The duration of a rental agreement for a lot in a manufactured home community is 1 year unless a shorter or longer duration is mutually agreed upon by the parties and is designated in writing within the rental agreement. (b) The rental agreement automatically renews unless the following occurs: (1) The tenant notifies the landlord in writing, a minimum of 60 days prior to the expiration of the rental agreement, that the tenant is moving the manufactured home off of the lot, or a shorter or longer period of time as is mutually agreed upon by the parties. Notice under this section does not apply to a tenant who intends to sell the manufactured home, and no requirements may be added beyond those procedures for the transfer of a home under § 7013 of this title. (2) The landlord notifies the tenant in writing, a minimum of 90 days prior to the expiration of the rental agreement, that the agreement will not be renewed for due cause under § 7016 or § 7024 of this title. (c) If the rental agreement is not terminated under subsection (b) of this section, the rental agreement renews for the same duration and with the same terms, conditions, and provisions as the original agreement, with the following exceptions: (1) All parties mutually agree, in writing, to permitted modifications. (2) Rent modified under subchapter VI of this title. 25 Del. C. 1953, §  7009; 58 Del. Laws, c. 286 ; 58 Del. Laws, c. 472, §  4 ; 65 Del. Laws, c. 446, §  1 ; 74 Del. Laws, c. 35, §  2 ; 79 Del. Laws, c. 63, §  4 ; 82 Del. Laws, c. 38, § 12 ; 85 Del. Laws, c. 206, § 1 ; § 7010 Rent — Prohibited lump sum payments: acceptance of rent. (a) Rental payments must be paid by the tenant to the community owner or landlord in equal dollar amounts, or as close thereto as possible, and must be extended equally, pro rata, over a calendar year. Any provision in a rental agreement, or otherwise, that requires rental payments or rental increases to be paid in 1 lump sum is void. However, a tenant may request and the community owner or landlord may agree that rental payment be made in a 1-time lump sum, semi-annual, or quarterly payment made by the tenant; nor does this subsection prevent a community owner or landlord from offering discounts as incentives to homeowners to pay annually, semi-annually, or quarterly, provided it is made clear that the homeowners are under no obligation to pay in any way except monthly. (b) If a community owner or landlord accepts a cash payment for rent, the community owner or landlord shall, within 3 days, give the tenant a receipt for that payment. The community owner or landlord must maintain a record of all cash receipts for rent for 3 years. 77 Del. Laws, c. 53, §  2 ; 82 Del. Laws, c. 38, § 13 ; § 7011 Holdover remedies after rental agreement terminates, expires, or is not renewed. When a court finds that a landlord is entitled to possession of a rented lot in a manufactured home community because of a holdover by a tenant, the court may award damages as follows: (1) If the holdover was in bad faith, a payment of double the periodic rent under the rental agreement. Double-rent is computed and prorated for each day the tenant remained in or remains in possession of the lot after the date on which the rental agreement terminated, expired, or was not renewed. (2) If a holdover is determined to be in good faith, the landlord is entitled to a payment of the periodic rent under the rental agreement, computed and prorated for each day the tenant remained in or remains in possession of the lot after the date on which the rental agreement terminated, expired, or was not renewed. 25 Del. C. 1953, §  7012; 58 Del. Laws, c. 286 ; 58 Del. Laws, c. 472, §  4 ; 65 Del. Laws, c. 446, §  1 ; 74 Del. Laws, c. 35, §  2 ; 82 Del. Laws, c. 38, § 14 ; § 7012 Effect of unsigned rental agreement. (a) If the landlord does not sign a written rental agreement which has been signed and tendered to the landlord by the tenant, acceptance of rent from the tenant without reservation by the landlord gives to the rental agreement the same effect as if it had been signed by the landlord. (b) If the tenant does not sign a rental agreement which has been signed and tendered to the tenant by the landlord, acceptance of possession of the rented lot and payment of rent without reservation give to the rental agreement the same effect as if it had been signed by the tenant. (c) Even if a rental agreement which is given effect by the operation of this section provides for a term longer than 1 year, it operates to create only a 1-year term. 25 Del. C. 1953, §  7008; 58 Del. Laws, c. 286 ; 58 Del. Laws, c. 472, §  4 ; 65 Del. Laws, c. 446, §  1 ; 74 Del. Laws, c. 35, §  2 ; 74 Del. Laws, c. 147, §  10 ; 82 Del. Laws, c. 38, § 15 ; § 7013 Manufactured home transfer; rented lot transfer. (a) This section governs the sale, conveyance, or transfer of title of a manufactured home which is already located in a manufactured home community. (b) (1) A rental agreement for a lot in a manufactured home community transfers automatically under the following circumstances: a. To the buyer or transferee of a manufactured home from a previous homeowner or heir or estate of a deceased homeowner, unless the homeowner fails to materially comply with subsection (c) of this section or the right to transfer has been terminated under subsection (f) of this section. b. To the heirs of a deceased homeowner when there is an heir that is an occupant of the home at the time of a homeowner’s death. c. To the heirs of a deceased homeowner for a period of 1 year when no heir is an occupant of the home at the time of the homeowner’s death. d. To the estate of a deceased homeowner for a period of 1 year. (2) A community owner may not terminate a lease due to the death of a tenant, if the estate or heirs transfer the lease to any nontenant occupants already living in the home at the time of a tenant’s death. The community owner may require the heir to complete the community’s criminal background portion of the tenancy application process, if this was never completed prior to the tenant’s death. (3) An heir who obtains an interest in a manufactured home may not be required to complete a tenant application unless the heir intends to reside in the home. a. An heir who intends to reside in the home may be required to complete only the community’s criminal background portion of the tenancy application process, if this was never completed prior to the tenant’s death. b. A community owner may not prohibit an heir with only a partial ownership interest in the manufactured home from residing in the community. If there is more than 1 heir and fewer than all of the heirs reside in the home, it is not a violation of any lease provision that may prohibit such an arrangement, including any provisions against subletting. (4) It is not a violation of any lease provision for some or all of the heirs not to reside or occupy a home during the initial 1-year period, or for any period of time if an occupant that was residing in the home at the time of the tenant’s death or at least 1 heir resides in the home. Such heir or occupant may be required to complete the community’s criminal background portion of the tenancy application process if this was never completed prior to the tenant’s death. The heirs or the estate of the deceased homeowner must still comply with lease provisions that do not conflict with this section. (5) It is a defense to a summary possession action for nonpayment of rent that circumstances surrounding the administration of the estate prevented payment of the rent for a period up to 90 days. The estate or the heirs may still be held responsible for late fees and court costs, and a community owner may take appropriate legal action to protect the community owner’s rights for any unpaid rent. (6) Upon the death of the last remaining tenant in a manufactured home, the community owner may not start a summary possession action under Chapter 57 of this title for at least 90 days after the death of the tenant. The community owner may change locks for safety reasons. (7) The personal representative of the estate, if 1 is opened, or the heirs to whom the home transfers if there is no estate, shall provide notice to the community owner within 90 days of the death of the tenant, notifying the community owner of the following: a. All new owners of the manufactured home. b. The address of each homeowner. c. A phone number for each homeowner, if known. d. A list of any new intended residents in the home when such information is known. (c) Right of first refusal. — (1) a. An owner of a manufactured home who plans to sell, convey, or transfer title of the home to a buyer or transferee must do the following: 1. Prior to listing the home for sale, the homeowner must notify the community owner of the intent to sell. The community owner may then conduct an inspection, following the procedures under § 7007(c) of this title. 2. Once an agreement is reached to sell, convey, or transfer title to the home, the homeowner must notify the community owner in writing no less than 3 weeks prior to the scheduled, rescheduled, or final sale, conveyance, or transfer of title of the manufactured home, giving the name and address of the prospective buyer or transferee, along with a written statement or a proposed bill of sale clearly indicating the agreed sale price and terms. If the homeowner failed to give timely notice under this paragraph, the sale, conveyance, or transfer date previously contained in any agreement may be modified to comply with the provisions of this subsection. b. If the homeowner provides the written notice under paragraph (c)(1)a.2. of this section without having provided notice under paragraph (c)(1)a.1. of this section, then the community owner may conduct an inspection, following the procedures and time requirements under § 7007(c) of this title. 1. If the inspection under § 7007(c) of this title requires a new date for the sale, transfer, or conveyance to be changed, the homeowner only needs to provide the community owner of the new date under paragraph (c)(1)a.2. of this section. 2. If the inspection under § 7007(c) of this title results in new terms of the sale, then the homeowner must provide these terms under paragraph (c)(1)a.2. of this section. 3. If the community owner chooses to conduct an inspection under § 7007(c) of this title, this does not allow any delays in the process under subsection (e) of this section. The application for tenancy for the prospective transferee may be conducted at the same time as the inspection. c. The written notice under paragraph (c)(1)a.2. of this section may be sent to the community owner at its address registered with DEMHRA or at any address it uses to regularly conduct business with residents, or may be sent via email to the community owner’s designated email address. Good faith efforts on behalf of the manufactured homeowner to comply with this subsection may satisfy the requirements of this subsection. d. The community owner may purchase the home at a price that is 10% higher than the contract price contained in a written purchase agreement. 1. The community owner must notify the homeowner in writing of its intent to purchase or not purchase the homeowner’s home, delivered to the primary mailing address of the homeowner and via email, if that method was used to notify the community owner of the sale, within 7 days of the date the homeowner sent the notice of sale to the community owner. The 7 days may not be extended due to any requests by the community owner, including requests for additional information. If the community owner does not notify the homeowner in writing within 7 days, the right to purchase the home expires. A. If paragraph (c)(1)b. of this section applies, and the homeowner provided notice under paragraph (c)(1)a.2. of this section without having provide the notice under paragraph (c)(1)a.1. of this section with enough time for the community owner to conduct an inspection under § 7007(c) before receiving the notice of sale, then the 7 days to respond under this paragraph (c)(1)d.1. do not start until after the inspection results are provided under § 7007(c) of this title. B. If the terms of the sale change as a result of the inspection results, then the community owner has 7 days from the date of the notice under paragraph (c)(1)b.2. of this section to respond under this paragraph (c)(1)d.1. 2. If the community owner exercises its option to purchase, it must provide the seller with a 5% nonrefundable deposit at the time it notifies the seller of its intent to exercise this option. 3. If the community owner exercises its option to purchase the home, the homeowner must sell the home to the community owner, and the homeowner must formally transfer the title to the community owner. 4. The community owner must agree to the same settlement date as provided in the notice to sell unless both parties otherwise agree in writing. (2) The community owner does not have the right to purchase the home under the following circumstances: a. A bank, mortgage company, or any other mortgagee has foreclosed on the home. b. If the sale, transfer, or conveyance of the home is to a family member of the homeowner or to a trust, the beneficiaries of which are family members of the homeowner on the modified Table of Consanguinity [§ 7014 of this title]; or the sale, transfer, or conveyance is to a family member of the homeowner on the modified Table of Consanguinity, under § 7014 of this title, who is included within the line of intestate succession if the homeowner dies intestate. c. The sale, transfer, or conveyance of the home is between joint tenants or tenants-in-common. d. The transfer or conveyance is by gift, devise, or operation of law. (d) Exterior inspection of home. — If the community owner does exercise its right to purchase the home, it may conduct an inspection under § 7007(c) of this title. (e) Application for tenancy for prospective transferee. — (1) A community owner may require a prospective transferee to complete an application for tenancy in the community and may charge a fee under § 7020(d) of this title. The application may be requested and submitted prior to the submission of the notice of sale under this subsection, and a contract for sale is not required for a prospective buyer to submit an application and have it considered. (2) Acceptance or rejection of a proposed rental agreement transferee under this subsection must be on the same basis by which the landlord accepts or rejects any prospective tenant, unless subsection (b) of this section provides otherwise. (3) A landlord must give the rejected proposed rental agreement transferee a written statement that explains the specific eligibility requirement not satisfied and the grounds for the rejection. (4) Within 10 days of the receipt of a completed application package of the prospective tenant, including the applicable fee, a landlord must provide written notice, to the tenant under the lot rental agreement when a sale or transfer is pending and to the proposed rental agreement transferee, that states whether the proposed rental agreement transferee is accepted or rejected. If the application is rejected, the notice must comply with paragraph (e)(3) of this section. (f) Right to purchase the transfer of the lease. — (1) At the time the written inspection results are given to the homeowner under § 7007(c)(5) of this title or at any time prior thereto, a community owner may terminate the right to transfer the lease by entering into an agreement as a lease addendum to pay the homeowner the greater of the following: a. $1,500. b. An amount calculated by multiplying the difference between the current monthly lot rent and the then-current market monthly lot rent multiplied by 36 months. (2) At the time a community owner makes an offer for the transaction under paragraph (f)(1) of this section, it must inform the homeowner, in writing, that the ability to transfer a lease with its current rental amount is likely to increase the value of the home when it is sold. (3) A homeowner is not required to accept any offer made under paragraph (f)(1) of this section. (4) A homeowner must disclose to a potential buyer or transferee if the lease is being transferred with below market rental rates, if known, or whether the home will be subject to a new lease and that such information may have an impact on the value of the home. (5) If a potential buyer or transferee inquires to the community owner as to the terms of the lease, including the amount of rent, the community owner must disclose the amount of rent that would be paid by the potential buyer or transferee. (6) Annually, by January 31, any community owner that has completed a lease transfer termination transaction under this subsection must send a written list to DEMHRA of any such transactions completed during preceding calendar year. (g) (1) A landlord may not engage in any act or activity with the intention of placing undue influence or undue pressure on a tenant to sell the tenant’s home to the landlord or enter into a transaction to terminate the right to transfer the lease. a. A tenant may file an action in a court of competent jurisdiction for actual damages sustained when the tenant reasonably believes that the landlord wilfully has done any of the fol