Property Management
What is 'landlord's lien' and does Delaware recognize it for residential rentals?
ADelaware requires a landlord's lien for all residential properties
BA statutory right of the landlord to seize tenant's personal property for unpaid rent; Delaware has limited or abolished landlord's liens for residential rentals✓ Correct
CA mortgage the landlord holds against the tenant's property
DA lien on the property the landlord holds from the previous owner
Explanation
Delaware's Residential Landlord-Tenant Code has largely limited or abolished the traditional common law landlord's lien (distraint) for residential rentals. Landlords must use court-supervised processes (eviction, small claims) to recover unpaid rent rather than seizing tenant's belongings.
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Key Terms to Know
Lien
A financial claim against a property that serves as security for a debt or obligation, giving the creditor the right to foreclose if unpaid.
Right of First RefusalA contractual right giving a party the opportunity to match any offer received before the owner can accept it from a third party.
Earnest MoneyA deposit made by the buyer when submitting a purchase offer, demonstrating serious intent and serving as consideration for the contract.
ContingencyA condition in a purchase contract that must be satisfied before the sale can proceed to closing.
Math Concepts
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