Right to Redemption SB 116 Effective Sept 1st

On June 30, 2026, the Delaware General Assembly passed legislation creating a Right of Redemption for residential tenants in nonpayment of rent cases. Although the bill is currently awaiting the Governor's signature, it is widely expected to be signed into law and will become effective September 1, 2026.

This legislation represents one of the most significant changes to Delaware's landlord-tenant laws in recent years. It gives tenants the ability to stop an eviction for nonpayment of rent by paying the required amounts owed, even after a court case has been filed—and, in some circumstances, even after a judgment has been entered.

Our legal counsel has provided guidance on the legislation and recommends that landlords begin preparing now for these changes. Because this is a new legal right that has never before existed in Delaware, many aspects of the law will likely require interpretation by the courts over time. The guidance below reflects current best practices but should not be considered definitive legal advice. Please see memo from our Legal Counsel.

If you have any questions regarding how this legislation may affect your specific circumstances, we encourage you to consult your company's legal counsel or other qualified legal advisor. The Delaware Apartment Association (DAA) provides legislative updates for informational purposes only and cannot provide legal advice.