§ 7107 — Affirmative defenses

It shall be an affirmative defense for the owner or landlord to establish, by a preponderance of the evidence, that said owner or landlord attempted to abate the alleged criminal nuisance prior to receiving notice in writing of the State’s intent to bring a criminal nuisance abatement action regarding the premises. Examples of actions that are indicia of attempts to abate alleged criminal nuisances include but are not limited to:

(1) Sending or delivering a notice pursuant to § 5513 of Title 25 that the conduct of the tenant, or their guests or invitees, breaches a rule or covenant that is material to the rental agreement;

(2) Sending or delivering a termination notice pursuant to § 5513(a) or (b) of Title 25;

(3) Filing an action for summary possession of the rental unit;

(4) Seeking police intervention to have those responsible for the action prosecuted and actively assisting the police in efforts to prosecute those responsible for the actions or activities being complained of by the complainants.

Legislative History

72 Del. Laws, c. 484, § 1 ; 70 Del. Laws, c. 186, § 1 ; 76 Del. Laws, c. 158, § 9 ; 78 Del. Laws, c. 161, § 13