25 Del. C. ch. 55 § 5517
Preference of rent in cases of execution
Operative Text
Liability of goods levied upon for 1 year’s rent: (1) If goods, chattels or crops of a tenant being upon premises held by the tenant by demise under a rent of money are seized by virtue of any process of execution, attachment or sequestration, the goods and chattels shall be liable for 1 year’s rent of the premises in arrear, or growing due, at the time of the seizure, in preference to such process; accordingly the landlord shall be paid such rent, not exceeding 1 year’s rent, out of the proceeds of the sale of such goods and chattels, before anything shall be applicable to such process. (2) The sheriff, or other officer, who sells the goods and chattels of a tenant upon process of execution, attachment or sequestration shall at least 10 days before such sale give written notice of the time and place thereof to the landlord, if residing in the county, and if not, to any known agent of the landlord in the county.
Under 25 Del. C. ch. 55 § 5517, when a tenant's personal property or crops on leased premises are seized through a legal enforcement process such as execution, attachment, or sequestration, the landlord holds a priority claim against the proceeds of any resulting sale. Specifically, up to one year's worth of rent that is either past due or accruing at the time of seizure must be paid to the landlord before the creditor who initiated the legal process receives anything. Additionally, the officer conducting the sale is required to give the landlord—or a known local agent of the landlord—at least ten days' written notice before the sale takes place.
Plain English — not legal advice.
Under 25 Del. C. ch. 55 § 5517, landlords who are owed rent when a tenant's goods are seized by a creditor's legal process generally have a priority claim on the sale proceeds, up to one year's rent. Compliant landlords typically maintain clear records of rent owed and accrual dates so they can substantiate their priority claim if a sheriff or other officer conducts a sale. Because the statute requires the officer to provide at least ten days' written notice of the sale, landlords operating in the county—or their known local agents—should ensure their contact information is accessible so that notice can be properly delivered.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 25 Del. C. ch. 55 § 5517, when a tenant's personal property is seized and sold through a legal enforcement process, the landlord is entitled to be paid up to one year's rent in arrear or accruing from the sale proceeds before the seizing creditor collects. Tenants facing such a seizure may want to understand how this priority affects the distribution of proceeds from any sale of their property. Tenant-rights organizations or legal aid services can help tenants understand how § 5517 interacts with other protections that may apply to their personal property in an enforcement proceeding.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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