10 Del. C. ch. 71 (partial) § 7115
Lease void if building used for criminal nuisance
Operative Text
Notwithstanding any law, rule or regulation to the contrary, if a tenant or occupant of a building or tenement, under a lawful title, is found after a hearing at which the tenant or occupant has appeared to have used such place for a criminal nuisance-related purpose, such use makes void the lease or other title under which the tenant or occupant holds, at the option of the owner, and, without any act of the owner, causes the right of possession to revert to vest in such owner.
Under Delaware law at 10 Del. C. ch. 71 § 7115, a lease or other occupancy title can be rendered void when a tenant or occupant is found, following a formal hearing in which they participated, to have used the property for a criminal nuisance-related purpose. The voiding of the lease is at the owner's discretion, and once that option is exercised, the right of possession automatically reverts to the owner without requiring any additional act on the owner's part. This rule applies regardless of other laws, rules, or regulations that might otherwise govern the tenancy.
Plain English — not legal advice.
Under 10 Del. C. ch. 71 § 7115, property owners who have a tenant or occupant found at a hearing to have used the premises for a criminal nuisance-related purpose hold the option to treat the lease as void. Compliant operators typically document the outcome of any such hearing and formally assert their option to void the lease in writing, since the statute makes the reversion of possession contingent on the owner exercising that choice. Consulting legal counsel familiar with Delaware landlord-tenant and nuisance law is a common step before acting on this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 7115 of 10 Del. C. ch. 71 provides that a lease may only be voided on criminal nuisance grounds after a hearing at which the tenant or occupant has actually appeared, meaning the procedural right to participate in that hearing is built into the rule. Tenants who believe a hearing was conducted improperly, or that the criminal nuisance finding was incorrect, may have grounds to raise those issues as a defense in any subsequent eviction or possession proceeding. Tenant-rights organizations and legal aid services in Delaware can help occupants understand what procedural protections apply and what options may be available under this provision.
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.
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