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Home > Statutes > Usa Delaware
USA Statutes : delaware
Title : Property
Chapter : Chapter 05. Rental of Agricultural, Personal, and Nonresidential Property

Repealed or Renumbered

Repealed or Renumbered

A person in possession of equipment under an agreement in writing that requires the person to return the equipment to a particular place or at a particular time who refuses or wilfully neglects to return it to the place and at the time specified in the agreement in writing, or who secretes, converts, sells, or attempts to sell the equipment or any part of it is, upon conviction, punishable by imprisonment for not more than one year, or by a fine of not more than $1,000, or by both.

In Section 34.05.040

(1) 'equipment' means any tools, machinery, implements, or appliances used for any type of purpose or service;

(2) 'wilfully neglects' means omits, fails, or forebears, with a conscious purpose to injure, or without regard for the rights of the owner, or with indifference whether a wrong is done the owner or not.

Article 03. ILLEGAL ACTIVITIES IN PREMISES NOT SUBJECT TO UNIFORM RESIDENTIAL LANDLORD AND TENANT ACT

A tenant whose lease or occupancy is for agricultural purposes and who breaches the rental agreement, or continues in possession of the premises at the expiration of the time limited in or contrary to a condition or covenant in the lease or agreement under which the tenant holds, shall be provided with a written notice specifying the breach and demanding the tenant quit the premises at least 30 days before commencement of an action for the recovery of the property. The tenant shall have free access to the premises to cultivate and harvest crops or produce planted by the tenant before the service of the notice of the breach and demand to quit the premises.

Article 02. PERSONAL PROPERTY

(a) In rented premises other than premises to which the provisions of Section 34.03 apply, the tenant may not knowingly engage at the premises in prostitution, an illegal activity involving a place of prostitution, an illegal activity involving alcoholic beverages, an illegal activity involving gambling or promoting gambling, an illegal activity involving a controlled substance, or an illegal activity involving an imitation controlled substance, or knowingly permit others in the premises to engage in one or more of those activities at the rental premises.

(b) If there is noncompliance with (a) of this section, a person may seek relief under Section 09.50.170 - 09.50.240.

(c) An order of abatement entered by a court under Section 09.50.210 against premises under this section terminates a rental agreement on the premises subject to the order of abatement.

(d) In this section,

(1) 'illegal activity involving alcoholic beverages,' 'illegal activity involving a controlled substance,' 'illegal activity involving an imitation controlled substance,' 'illegal activity involving gambling or promoting gambling,' 'illegal activity involving a place of prostitution,' and 'prostitution' have the meanings given in Section 34.03.360;

(2) 'premises' means a structure or the structure of which it is a part, and facilities and appurtenances in it, and grounds, areas, and facilities held out for the use of persons entitled to possession under an agreement that relates to its use.

 
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