25 Del. C. ch. 53 § 5313
Unlawful ouster or exclusion of tenant
Operative Text
If removed from the premises or excluded therefrom by the landlord or the landlord’s agent, except under color of a valid court order authorizing such removal or exclusion, the tenant may recover possession or terminate the rental agreement. The tenant may also recover treble the damages sustained or an amount equal to 3 times the per diem rent for the period of time the tenant was excluded from the unit, whichever is greater, and the costs of the suit excluding attorneys’ fees.
Delaware Code Title 25, Chapter 53, Section 5313 addresses what happens when a landlord or their agent removes or locks out a tenant without a valid court order. Under this provision, a tenant who is unlawfully ousted has the right to reclaim possession of the rental unit or to end the rental agreement entirely. The law also entitles the displaced tenant to monetary damages — specifically, three times the actual damages suffered or three times the daily rent for each day of exclusion, whichever amount is larger, plus court costs (not including attorney's fees).
Plain English — not legal advice.
Section 5313 of Title 25 makes clear that removing or excluding a tenant from a rental unit without a valid court order exposes a property owner or manager to significant financial liability. Compliant operators in Delaware obtain a court judgment before taking any action that would prevent a tenant from accessing their unit — this means avoiding self-help eviction tactics such as changing locks, removing doors, or shutting off utilities to force a tenant out. The treble-damages remedy available under this section means that the financial consequences of an unlawful ouster can far exceed the value of any unpaid rent or other dispute at issue.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 25 Del. C. § 5313, a tenant who has been removed or locked out by a landlord or the landlord's agent without a court order has legal remedies available, including the right to reclaim possession of the unit or to terminate the rental agreement. The provision also allows a tenant to pursue monetary damages equal to three times actual damages or three times the daily rent for each day of exclusion — whichever is greater — along with court costs. Tenants who believe they have been unlawfully ousted may consider contacting a local tenant-rights organization, a legal aid office, or the court system to understand the options available under this section.
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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