Mobile home eviction rules in Delaware
How Delaware's Manufactured Home Owners and Community Owners Act controls eviction: due-cause grounds, a 7-day nonpayment notice, a 12-day cure for conditions, and change-in-use protections.
Published June 3, 2026
Delaware's Manufactured Home Owners and Community Owners Act (25 Del. C. Chapter 70) limits when and how a community owner may end a lot tenancy. Termination requires due cause and follows specific notice procedures that vary by the type of violation. What follows is a general description; for a specific eviction notice or situation, consulting a licensed attorney in Delaware is advisable.
What the statute says
Section 7016 governs most terminations. For nonpayment of rent, the statute requires the landlord to demand payment in writing:
Unless the required payment is made within 7 days from the date of mailing or personal service, the rental agreement will be terminated.
For a condition-based noncompliance, the landlord must provide written notice "allowing the tenant 12 days from the date of mailing or personal service to remedy" the specified condition. For conduct that disrupts quiet enjoyment, the landlord must notify the resident to "immediately cause the conduct to cease," and may terminate if "substantially the same conduct recurs within 6 months." After four separate nonpayment incidents within 12 months, the landlord may terminate following a prior written warning.
For a change in land use, §7024 requires "at least a 1-year termination or nonrenewal notice" delivered by posting on the home and certified mail, together with a comprehensive relocation plan for affected residents.
Section 7009 separately requires the landlord to give at least 90 days' prior written notice of non-renewal for due cause at lease-term end.
How it works in general
Delaware builds several layers of protection into the eviction process. The due-cause requirement means a community owner must point to a recognized statutory ground — not merely a preference. Each ground carries its own notice period and, for condition or conduct issues, an opportunity to cure before termination. The 7-day nonpayment window runs from the date of mailing or service, not the date of the original rent due date. A change-in-use scenario triggers the longer 1-year notice and a relocation-plan obligation, with penalties for misrepresenting intent. Actual court proceedings follow the state's summary-possession process before a Justice of the Peace Court.
Common scenarios
General examples Delaware community residents commonly encounter:
- A written demand for unpaid lot rent arrives. The 7-day payment window in §7016 is the operative deadline, running from the date the notice was mailed or served.
- A notice cites a condition on the lot (appearance, maintenance). The 12-day cure period under §7016 is the timeframe for addressing it.
- A park announces it will convert or close. Section 7024's 1-year minimum notice and the mandatory relocation plan are the key protections.
- A notice for a rule violation arrives. For conduct-based violations, the first notice requires the behavior to stop immediately; a recurrence within 6 months may trigger termination.
- A resident faces repeated late-payment notices. After four nonpayments within 12 months, §7016 allows termination after a prior written warning.
Other authorities that may apply
Section 7016 works together with the lease agreement, park rules under §7018, and the broader Chapter 70. The relocation trust fund (Subchapter V) may provide payments for residents displaced by a change in land use. Federal protections — including the Servicemembers Civil Relief Act and the Fair Housing Act — can apply in certain circumstances. Where Chapter 70 is silent, the Delaware Residential Landlord-Tenant Code fills in the gaps. Court proceedings are handled in the Justice of the Peace Court.
Frequently asked questions
- Can a Delaware manufactured home park evict a resident for any reason?
- No. Under 25 Del. C. §7016 and §7024, a community owner may only terminate or refuse to renew a lot rental agreement for 'due cause.' Grounds include nonpayment of rent, material noncompliance with the agreement or community rules, certain criminal convictions, and an intended change in the use of the land. This is general information, not legal advice about a specific notice.
- How much notice does a Delaware park give for unpaid rent?
- Section 7016 requires the landlord to demand payment in writing, stating that unless payment is made within 7 days from the date of mailing or personal service, the rental agreement will be terminated. If the resident pays within those 7 days, the termination notice is void.
- What is the notice period for a change in land use in Delaware?
- Section 7024 requires at least a 1-year termination or nonrenewal notice, delivered both by posting on the home and by certified mail. The landlord may not raise lot rent after providing change-of-use notice, and must provide a comprehensive quarterly-updated relocation plan.
- Can a Delaware park evict for a rule violation?
- For conduct disrupting quiet enjoyment, §7016 requires written notice to immediately cease the conduct. A second substantially similar incident within 6 months may then be grounds for termination. For a condition-based violation, the resident has 12 days from mailing or service to remedy it.
Sources
- 25 Del. C. §7016 — Termination or nonrenewal of rental agreement by landlord; due cause: noncompliance — Delaware Code Online
- 25 Del. C. §7024 — Termination or nonrenewal of rental agreement by landlord (change in land use) — Delaware Code Online
- 25 Del. C. §7009 — Term of rental agreement; renewal of rental agreement — Delaware Code Online