25 Del. C. ch. 70 § 7064
Stay of judgment by defendant
Operative Text
(a) If, after a trial, the court shall determine that the petition should be granted, the court shall immediately enter judgment thereon and appoint a receiver as authorized herein; provided however, prior to the entry of judgment and appointment of a receiver, the owner or any mortgagee or the lienor of record or other person having an interest in the property may apply to the court to be permitted to remove or remedy the conditions specified in the petition. If such person demonstrates the ability to perform promptly the necessary work and posts security for the performance thereof within the time, and in the amount and manner, deemed necessary by the court, then the court may stay judgment and issue an order permitting such person to perform the work within a time fixed by the court and requiring such person to report to the court periodically on the progress of the work. The court shall retain jurisdiction over the matter until the work is completed. (b) If, after the issuance of an order under subsection (a) of this section, but before the time fixed in such order for the completion of the work prescribed therein, there is reason to believe that the work will not be completed pursuant to the court’s order or that the person permitted to do the same is not proceeding with due diligence, the court or the petitioners, upon notice to all parties to the proceeding, may move that a hearing be held to determine whether judgment should be rendered immediately as provided in subsection (c) of this section. (c) (1) If, upon a hearing authorized in subsection (b) of this section, the court shall determine that such party is not proceeding with due diligence, or upon the actual failure of such person to complete the work in accordance with the provisions of the order, the court shall appoint a receiver as authorized herein. (2) Such judgment shall direct the receiver to apply the security posted to executing the powers and duties as described herein. (3) In the event that the amount of such security should be insufficient to accomplish the above objectives, such judgment shall direct the receiver to collect the rents, profits and issues to the extent of the deficiency. In the event that the security should exceed the amount necessary to accomplish the above objectives, such judgment shall direct the receiver to return the excess to the person posting the security.
Under 25 Del. C. ch. 70 § 7064, after a court finds that a petition for a receiver should be granted, the property owner, a mortgagee, or another party with an interest in the property has a window to step in and fix the cited conditions before a receiver is formally appointed. To take advantage of this opportunity, the interested party must show the court it can act promptly and must post security—essentially a financial guarantee—for completing the work. If the party fails to finish the work on time or does not proceed with due diligence, the court will appoint a receiver anyway and direct that the posted security be applied toward the remediation costs, with any shortfall covered by collected rents and any surplus returned to the posting party.
Plain English — not legal advice.
Under 25 Del. C. ch. 70 § 7064, a property owner who faces an adverse court determination on a receivership petition can avoid the appointment of a receiver by promptly applying to the court to remedy the cited conditions personally. Compliant operators in this situation typically demonstrate to the court a concrete, credible plan for completing the necessary repairs and post the security amount the court deems appropriate. Owners who take this route are generally expected to report to the court on their progress at intervals the court sets, and to complete all work within the court-established deadline—because failure to do so, or a lack of due diligence, triggers immediate receivership under this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 7064 of Title 25 of the Delaware Code provides tenants and petitioners with a mechanism to ensure that a property owner's promise to fix conditions does not simply delay accountability—if the owner or another interested party is permitted to do the work but falls behind or fails to complete it, the court or the petitioners can move for a hearing to have a receiver appointed immediately. Tenants involved in a receivership proceeding under this chapter have standing as parties to receive notice of any such hearing. Tenants who believe conditions are not being remedied as ordered may wish to consult a tenant-rights organization or legal aid provider familiar with Delaware housing law to understand the options available under § 7064.
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