10 Del. C. ch. 71 (partial) § 7133
Civil action for damages resulting from criminal nuisance
Operative Text
(a) Notwithstanding the provisions of § 7105 of this title, any person damaged in his or her business or property by reason of a criminal nuisance may bring a separate civil action for actual damages in the Superior Court against any person who knowingly conducted, maintained, aided, abetted or permitted criminal nuisance as defined in this chapter. (b) In a civil action for damages pursuant to this section, the failure of an owner or landlord to initiate an eviction action against a tenant in accordance with the provisions of Chapter 57 of Title 25, if the owner or landlord has been notified by certified or registered mail of the tenant’s involvement in a criminal nuisance on the leased premises, shall be prima facie evidence that the owner knowingly gave permission to engage in conduct constituting the criminal nuisance. (c) In a civil action for damages pursuant to this section, expert testimony may be used to determine the amount of any actual damage or loss incurred by reason of the criminal nuisance as defined in this chapter. (d) Whenever an action for damages brought pursuant to this section terminated in a settlement or judgment favorable to the plaintiff, the plaintiff shall be entitled to recover the actual cost of the suit, including but not limited to reasonable attorney fees and all expenses and disbursements by the plaintiff in investigating, bringing and maintaining the action. All defendants shall be jointly and severally liable for the payments of taxed costs imposed pursuant to this section. (e) In any civil action for damages brought pursuant to this section, any evidence admitted or admissible in a civil action for abatement relief or penalty pursuant to this chapter shall be admissible.
Section 7133 of Title 10 of the Delaware Code creates a private civil lawsuit pathway for anyone whose business or property is harmed by a criminal nuisance. A person who knowingly conducted, maintained, aided, abetted, or permitted such a nuisance can be held liable for actual damages, and if the plaintiff prevails or reaches a favorable settlement, they may also recover attorney fees and litigation costs. Expert testimony is permitted to help establish the extent of damages, and evidence usable in related abatement or penalty proceedings is also admissible in these civil suits.
Plain English — not legal advice.
Under § 7133, a property owner or landlord who receives certified or registered mail notifying them of a tenant's involvement in a criminal nuisance on the leased premises is expected to initiate eviction proceedings under Title 25, Chapter 57. Failure to do so can be treated as prima facie evidence that the owner knowingly permitted the nuisance, which could expose the owner to civil liability for actual damages, attorney fees, and litigation costs. Compliant operators generally document all notices received, respond promptly, and maintain records of any actions taken in response to reported nuisance activity on their properties.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 7133 establishes that tenants are not the only parties who can face consequences related to a criminal nuisance — property owners who fail to act after receiving proper notice may themselves be held civilly liable by third parties harmed by the nuisance. Tenants who believe they are being wrongfully targeted under this provision, or who have concerns about how a landlord is responding to nuisance allegations, may wish to review the definitions set out in Title 10, Chapter 71 and consult a tenant-rights organization familiar with Delaware law. General enforcement paths available to tenants in related disputes can include raising relevant provisions as a defense in eviction proceedings or seeking guidance from a legal aid organization.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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