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BATEMAN v. 317 REHOBOTH AVE., LLC

C.A. No. 877-S.

878 A.2d 1176 (2005)

Tjark BATEMAN and Ann Bateman, Plaintiffs, v. 317 REHOBOTH AVENUE, LLC, and Reed Real Estate, LLC, Defendants.

Court of Chancery of Delaware, New Castle County.

Decided: July 19, 2005.

Attorney(s) appearing for the Case

Tasha Marie Stevens, Esquire, FUQUA AND YORI, P.A., Georgetown, Delaware, Attorney for Plaintiffs.

Noel E. Primos, Esquire, SCHMITTINGER & RODRIGUEZ, P.A., Dover, Delaware, Attorney for Defendants.

OPINION

STRINE, Vice Chancellor.

This case presents the question of whether a right of first refusal to purchase a leased property survives the termination of that lease. Here, a lessee whose lease terminated by its terms continued to occupy the leased property as a month-to-month holdover tenant. The version of Delaware's holdover tenancy statute, 25 Del. C. § 5108, that controlled the lease states that "stipulations" of a "rental agreement" carry...

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