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    HB436

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    John Allison
    This bill amends Delaware law to clarify the conditions under which a manufactured home owner can transfer an existing lot lease to a home purchaser. It specifies that the lease can transfer if the home qualifies under community standards and the landlord accepts the purchaser as a tenant. It also provides tenants a choice to assign the existing lease or terminate it and have the purchaser negotiate a new lease.

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    © All Rights Reserved
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    HB436

    Uploaded by

    John Allison
    365 views2 pages
    This bill amends Delaware law to clarify the conditions under which a manufactured home owner can transfer an existing lot lease to a home purchaser. It specifies that the lease can transfer if the home qualifies under community standards and the landlord accepts the purchaser as a tenant. It also provides tenants a choice to assign the existing lease or terminate it and have the purchaser negotiate a new lease.

    Original Description:

    HOUSE OF REPRESENTATIVES 149th GENERAL ASSEMBLY HOUSE BILL NO. 436 AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO MANUFACTURED HOME AND RENTED LOT TRANSFERS.

    Original Title

    HB436 (4) (1)

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    This bill amends Delaware law to clarify the conditions under which a manufactured home owner can transfer an existing lot lease to a home purchaser. It specifies that the lease can transfer if the home qualifies under community standards and the landlord accepts the purchaser as a tenant. It also provides tenants a choice to assign the existing lease or terminate it and have the purchaser negotiate a new lease.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    365 views2 pages

    HB436

    Uploaded by

    John Allison
    This bill amends Delaware law to clarify the conditions under which a manufactured home owner can transfer an existing lot lease to a home purchaser. It specifies that the lease can transfer if the home qualifies under community standards and the landlord accepts the purchaser as a tenant. It also provides tenants a choice to assign the existing lease or terminate it and have the purchaser negotiate a new lease.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    SPONSOR: Rep. Carson & Sen.

    Ennis
    Rep. Kowalko

    HOUSE OF REPRESENTATIVES
    149th GENERAL ASSEMBLY

    HOUSE BILL NO. 436

    AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO MANUFACTURED HOME AND
    RENTED LOT TRANSFERS.

    BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

    1 Section 1. Amend § 7022, Title 25 of the Delaware Code by making deletions as shown by strike through and

    2 insertions as shown by underline as follows:

    3 § 7022. Manufactured home transfer; rented lot transfer.

    4 (b)(1) A rental agreement for a lot in a manufactured home community is not transferable from the tenant who

    5 owns the manufactured home on the lot to the buyer or transferee to whom the tenant intends to sell or transfer title to the

    6 home, unless the if all of the following apply:

    7 a. The home qualifies for retention in the manufactured home community according to written

    8 standards promulgated pursuant to under § 7020 of this title, and unless the title.

    9 b. The landlord accepts the buyer or transferee as a tenant.

    10 (2) Acceptance or rejection of a buyer or transferee under this subsection must be on the same basis by

    11 which the landlord accepts or rejects any prospective tenant.

    12 (3) A landlord who rejects a prospective tenant must give the rejected prospective tenant a written

    13 statement that explains the cause provides a copy of the specific eligibility requirement and the grounds for the

    14 rejection.

    15 (d) If a landlord accepts a prospective tenant, the transfer of an existing rental agreement must be completed using

    16 one of the following 2 methods. The selection of the method is methods at the exclusive discretion of the tenant/seller of the

    17 manufactured home, and the buyer is and landlord are bound by that selection. selection:

    18 (1) The tenant/seller agrees to an assignment of the lease to the buyer, with all of the existing obligations

    19 and benefits, including but not limited to the rental amount under the existing rental agreement, for the remaining

    20 term of the agreement.

    Page 1 of 2
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    21 a. If this option is elected, the method under paragraph (d)(1) of this section is selected, the existing

    22 rental agreement between the tenant/seller and the landlord is simultaneously assigned by the tenant-seller

    23 tenant/seller and assumed by the buyer and the buyer becomes the new tenant.

    24 b. Upon the sale, assignment, and assumption, the landlord will must amend the existing rental

    25 agreement and list the buyer as the new tenant.

    26 (2) The tenant-seller tenant/seller chooses to terminate the existing rental agreement. The buyer may then

    27 negotiate the terms of and enter into a new rental agreement for a full term at a rental amount set by the landlord.

    28 If this option method is elected, selected, the existing rental agreement is terminated upon the execution of the new

    29 rental agreement.

    SYNOPSIS
    This Act clarifies conditions under which a manufactured home owner can transfer the existing lot lease to the
    purchaser of the home.
    This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative
    Drafting Manual.

    Page 2 of 2
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    5971490292

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