25 Del. C. ch. 70 § 7021
Termination of rental agreement by tenant during first month of occupancy; during first 18 months of occupancy
Operative Text
(a) If a landlord fails to substantially comply with the provisions of a rental agreement, or if there is a material noncompliance with this subchapter or any statute, ordinance, or regulation governing the landlord’s maintenance or operation of the manufactured home community, a tenant may, upon written notice to the landlord, terminate the rental agreement and vacate the rented lot by removing that tenant’s manufactured home and all personal possessions at any time during the first month of occupancy. The tenant has no further obligation to pay rent after the date of vacating the lot. A tenant retains the right to terminate a rental agreement beyond the first month of occupancy if the tenant remains in possession of the lot in reliance on the written promise by the landlord to correct the condition or conditions which would justify termination of the agreement by the tenant during the first month of occupancy. (b) If a condition exists which deprives a tenant of a substantial part of the benefit and enjoyment of the bargain pursuant to the rental agreement, the tenant may notify the landlord in writing of the condition, and, if the landlord does not remedy the condition within 15 days from the date of mailing, the tenant may terminate the rental agreement and vacate the rented lot by removing the tenant’s own manufactured home and all personal possessions. The tenant has no further obligation to pay rent after the date of vacating the lot. Notice pursuant to this subsection need not be given if the condition renders the premises uninhabitable or poses an imminent threat to the health, safety, or welfare of the tenant or a resident of the tenant’s manufactured home. (c) A tenant may not terminate a rental agreement pursuant to this section for a condition caused by lack of due care by the tenant, a resident of the tenant’s manufactured home, or any other person on the premises with the tenant’s or resident’s consent. (d) If a condition referred to in subsection (a) or (b) of this section was caused by the landlord, the tenant may recover any damages sustained as a result of the condition, including reasonable expenditures necessary to obtain adequate substitute housing while the manufactured home is uninhabitable or while an imminent threat to health, safety, or welfare exists, or while the tenant is deprived of a substantial part of the benefit and enjoyment of the bargain pursuant to the rental agreement prior to the termination of the rental agreement by the tenant, and for a reasonable length of time following the termination of the rental agreement. (e) If a landlord or the landlord’s authorized representative intentionally misrepresents a material fact regarding a manufactured home community, the scope or extent of services provided by the landlord, or a provision of a rental agreement in a brochure, newspaper, radio, or television advertisement, or other document or advertisement, for the purpose of inducing a tenant to enter into a rental agreement, and the tenant reasonably relies upon the misrepresentation to the tenant’s detriment when entering into the rental agreement, the tenant has the right to terminate the rental agreement within 18 months of execution of the rental agreement.
Under 25 Del. C. ch. 70 § 7021, tenants in manufactured home communities have several grounds to exit a rental agreement early. During the first month of occupancy, a tenant may terminate if the landlord materially fails to comply with the rental agreement or applicable law. Beyond the first month, termination is available when a condition deprives the tenant of a substantial part of the bargain—after a 15-day written notice period—or within 18 months if the landlord made intentional material misrepresentations to induce the tenant to sign. Tenants who cause the problematic condition themselves lose these termination rights.
Plain English — not legal advice.
Under § 7021, operators of manufactured home communities in Delaware are expected to comply fully with rental agreements and applicable maintenance regulations from the outset of a tenancy. Compliant operators promptly address written notices of deficient conditions within the 15-day window the statute provides, and they ensure that all advertising and pre-lease disclosures accurately represent the community, its services, and lease terms. Landlords who caused a qualifying condition may also face tenant claims for damages, including costs of substitute housing.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 7021 gives manufactured-home tenants in Delaware meaningful exit rights when a landlord fails to meet legal or contractual obligations. If a qualifying condition arises, tenants generally document it in writing, send notice to the landlord, and track the 15-day response window; if the landlord made intentional misrepresentations, the termination window extends to 18 months from signing. Tenants facing these situations may benefit from consulting a tenant-rights organization or legal aid provider familiar with Delaware's Manufactured Home Owners and Community Owners Act.
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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