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.

Amendment history

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

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