Delaware Statutes

§ 7133 — Civil action for damages resulting from criminal nuisance

Delaware·Title 10·Part Special Proceedings·Ch. 71 CRIMINAL NUISANCE ABATEMENT
(a)Notwithstanding the provisions of § 7105 of this title, any person damaged in his or her business or property by reason of a criminal nuisance may bring a separate civil action for actual damages in the Superior Court against any person who knowingly conducted, maintained, aided, abetted or permitted criminal nuisance as defined in this chapter.
(b)In a civil action for damages pursuant to this section, the failure of an owner or landlord to initiate an eviction action against a tenant in accordance with the provisions of Chapter 57 of Title 25, if the owner or landlord has been notified by certified or registered mail of the tenant’s involvement in a criminal nuisance on the leased premises, shall be prima facie evidence that the owner knowingly gave permission to engage in conduct

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Legislative History

72 Del. Laws, c. 484, § 1 ; 78 Del. Laws, c. 161, §§ 42-47

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