25 Del. C. ch. 70 § 7011
Holdover remedies after rental agreement terminates, expires, or is not renewed
Operative Text
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.
Under 25 Del. C. ch. 70 § 7011, when a court determines that a landlord in a manufactured home community is entitled to reclaim a rented lot because a tenant has stayed beyond the end of their rental agreement, the court can award different levels of damages depending on the tenant's intent. A tenant found to have held over in bad faith may owe double the periodic rent for every day they remained on the lot past the agreement's end date. A tenant whose holdover is found to have been in good faith owes only the standard periodic rent, prorated daily for the same period.
Plain English — not legal advice.
Operators of manufactured home communities in Delaware should be aware that § 7011 provides a court-based remedy when a tenant remains on a lot after a rental agreement has terminated, expired, or was not renewed. A compliant operator typically documents the end date of the rental agreement clearly, provides proper notice, and pursues a court proceeding to establish entitlement to possession before seeking damages. The damages available—either single or double the periodic rent prorated per day—are determined by the court based on whether the holdover was in good faith or bad faith, so maintaining thorough records of communications and notices generally supports a landlord's position in such proceedings.
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. 70 § 7011, tenants in Delaware manufactured home communities who remain on a lot after their rental agreement ends have certain protections in that a court—not the landlord unilaterally—must determine both entitlement to possession and the appropriate damages. If a court finds the holdover was in good faith, the tenant's financial exposure is limited to the regular periodic rent prorated for each day of the holdover, rather than a doubled amount. Tenants facing a holdover situation may benefit from consulting a tenant-rights organization or legal aid service familiar with Delaware manufactured home community law to understand how good faith or bad faith determinations are typically evaluated under this provision.
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.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
Rules and statutes that cite this regulation