Locked Out by the Landlord
25 Del. C. § 5313 — removal only by court order, and 3 times the daily rent for each day shut out
A tenant removed or kept out by the landlord, except under a valid court order, may recover possession or end the rental agreement.
Treble damages. The tenant may also recover the greater of 3 times the damages sustained, or 3 times the per diem rent for each day of exclusion, and the costs of the suit, excluding attorneys' fees.
A lawful removal comes only after a final judgment and a writ of possession, which a constable or sheriff carries out between sunrise and sunset after at least 24 hours' notice.
A particular lockout is a question for a licensed Delaware attorney.
Sources for this section (2)
- 25 Del. C. § 5313 — Unlawful ouster or exclusion of tenant
- 25 Del. C. § 5715 — Execution of judgment; writ of possession
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Delaware attorney.