25 Del. C. ch. 71 § 7113
Penalties; jurisdiction
Operative Text
(a) Civil penalties. — (1) Where an owner violates a provision of § 7105 of this title any action taken by the owner to convert the real property on which a manufactured home community is located into multiple-unit usage shall be invalid; provided, however, that the owner, by again giving the preliminary notice required under § 7105 of this title, may again begin the conversion process. (2) Where the owner fails to give the tenants’ association its option to purchase under § 7108 of this title, no subsequent sale or purchase of the real property or of any unit within the conversion project shall be valid. Where the owner fails to provide a tenant with an opportunity to purchase under § 7108 of this title, the tenant shall nevertheless be offered a unit in preference to any nontenant who has agreed to purchase a unit during or subsequent to the time of the tenant’s right to purchase. (3) Any binding agreement entered into by an owner which results in a violation of any provision of this chapter is: a. Void, if a person residing in the manufactured home community at the time of the preliminary notice was an object of, or was adversely affected by, such violation; or b. Voidable at the option of any party thereto. (b) Criminal penalties; jurisdiction. — (1) Any person who is convicted of a violation of a provision of this chapter shall be fined a sum not less than $100 nor more than $500 for each offense. Where the violation is ongoing and continuous, each day’s continuation of such violation shall constitute a separate offense. (2) The Superior Court shall have jurisdiction over all offenses under this section.
Section 7113 of Delaware's manufactured home community conversion law establishes both civil and criminal consequences for owners who fail to follow the required conversion procedures. On the civil side, unauthorized conversion actions can be declared invalid, sales made without honoring tenants' purchase rights can be voided, and agreements that violate the chapter may be treated as void or voidable. On the criminal side, a convicted violator may be fined between $100 and $500 per offense, with each day of a continuing violation counting as a separate offense under the jurisdiction of the Delaware Superior Court.
Plain English — not legal advice.
Operators of manufactured home communities in Delaware must carefully follow the procedural steps outlined in Chapter 71—particularly the preliminary notice requirements of § 7105 and the purchase-option obligations of § 7108—because § 7113 makes noncompliance costly in concrete ways. Conversion actions taken without proper notice are invalid, sales completed without honoring tenants' purchase rights can be unwound, and agreements that circumvent the chapter's protections may be voided entirely. Compliant operators document each required notice and purchase-option offer, and they ensure that no binding sale agreements are executed until all statutory obligations have been satisfied.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 7113, Delaware law gives residents of manufactured home communities meaningful remedies when owners skip required conversion steps. If an owner fails to offer a tenants' association or an individual tenant the right to purchase as required by § 7108, those sales can be challenged as invalid, and a tenant who was bypassed retains a preference right over outside buyers. Tenants who believe these protections have been violated may consider raising the violation as a defense in any related legal proceeding, filing a complaint with the Delaware Superior Court which holds jurisdiction under § 7113(b)(2), or reaching out to a tenant-rights organization for guidance on available options.
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 In
Rules and statutes that cite this regulation