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Senate passes 'right of redemption' bill allowing tenants to stop nonpayment evictions with payment
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Summary
The Delaware Senate passed Senate Substitute 1 for SB116 (as amended) on March 18 to create a right of redemption in nonpayment evictions, extend certain notice periods and add payment-method clarifications; the amendment passed earlier in the day and the substitute passed on final roll call.
The Delaware Senate passed a tenant-protection measure on March 18 that establishes a right of redemption for tenants facing eviction for failure to pay rent.
Senate Substitute 1 for SB116, as amended by Senate Amendment 1, was presented and debated on the floor before passage. The sponsor described the measure as creating "a right of redemption for tenants facing eviction solely for failure to pay rent," allowing tenants to remain in their homes by paying back all rent, fees and costs before a physical eviction is executed. The sponsor said the substitute applies only to nonpayment evictions, does not apply to evictions for lease violations or property damage, and extends the minimum notice-to-cure period from five days to seven days.
The amendment considered on the floor clarified counting of prior evictions (increasing the look-back period from 12 to 24 months in the substitute), confirmed which outside parties may provide special-source payments (with carve-outs for charitable organizations and government entities), and aligned payment-method restrictions with those already in the act. The sponsor emphasized stakeholder negotiations with groups including the Delaware Apartment Association and the Community Legal Aid Society.
Senator Hocker announced he would not participate in consideration of the amendment due to a perceived conflict of interest. The Senate recorded the amendment vote as 19 yes, 1 not voting and 1 absent; the amendment was incorporated into the substitute. On the final roll call the substitute as amended passed with 18 yes, 1 no, 1 not voting and 1 absent, and the presiding officer declared it passed on the Senate floor.
Provisions clarified during floor debate include: the right to stop execution of a writ of possession by paying in full (subject to bank clearance), an expanded look-back period to 24 months, the extension of notice from five to seven days, applicability to manufactured-home communities, and specified restrictions on payment methods landlords may require once judgment is entered.
