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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 114097
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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See Below. Does this mean one is not allowed to sue money

Customer Question

See Below. Does this mean one is not allowed to sue for their money back for a weeks rental of a vacation home? This from the Delaware State Courts.
Are there rental agreements for which an action for summary possession may not be brought?
Summary possession actions may not be brought for the following types of rental agreements: (1) nonrenewable rental agreements of 120 days or less in certain areas of Sussex County; (2) institutional, fraternal, or hotel-type lodgings; (3) rental agreements for ground upon which improvements were made or installed by the tenant and used as a dwelling where the tenant retains ownership or title thereto, or obtains title to the improvements; (4) rentals involving mobile home parks operated by the State or the federal government on parkland owned by either; (5) rentals in mobile home parks operated solely for recreational campers or travel trailers, (6) and the rental of a recreational camper motor home, travel trailer or the rental of ground on which such a vehicle is placed. 25 Del.C. § 5102 ; 25 Del.C. § 7005.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
No, that does not mean someone cannot sue to get their money back for a weekly vacation rental. It means that a suit in court for summary possession of the property (which is an eviction action) cannot be brought. However, if there is a real dispute over payment or over the rental, that can be subject of a regular civil suit, typically in small claims court, it is not a summary possession action (eviction).

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