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2025 Delaware Code
Title 31 - Welfare
Chapter 44. CUSTODIANSHIP
§ 4402. Defenses.
Universal Citation:
31 DE Code § 4402 (2025)
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§ 4402. Defenses. 75 Del. Laws, c. 121, § 1; 70 Del. Laws, c. 186, § 1;
It shall be a sufficient defense to this proceeding if any defendant of record establishes that:
(1) The condition or conditions described in the petition do not exist at the time of the hearing;
(2) The condition or conditions alleged in the petition have been caused by the negligent acts of 1 or more of the tenants or members of tenants' families, or by persons on the premises with his, her or their consent; or
(3) Such condition or conditions would have been corrected, were it not for the refusal by tenant or tenants to allow reasonable access to the property in order for the landlord and/or the landlord's agent to take timely corrective action.
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