Delaware Lockouts, Utility Shutoffs & Retaliation
Delaware rules on lockouts, utility shutoffs & retaliation for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: If a landlord or the landlord's agent removes or excludes a tenant from the rental without a valid court order, the tenant may recover possession or end the lease. 25 Del. C. § 5313
The rules in Delaware
| Lockouts and illegal eviction | If a landlord or the landlord's agent removes or excludes a tenant from the rental without a valid court order, the tenant may recover possession or end the lease. The tenant may also recover the greater of triple damages or three times the daily rent for the period of exclusion, plus court costs (but not attorneys' fees). Source: 25 Del. C. § 5313 |
|---|---|
| Landlord shutting off utilities | A landlord may not cut off or terminate utility service because the tenant has not paid rent or utility charges or has otherwise breached the lease. If the landlord substantially fails to provide hot water, heat, water or electricity for 48 hours or more after notice, the tenant may end the lease immediately by written notice or keep two-thirds of the daily rent for the period of the outage; if the tenant stays and the failure continues, the tenant may instead get substitute housing (rent abates and the landlord owes extra costs up to half the abated rent) or withhold two-thirds of the daily rent, and may still recover damages beyond the amount withheld. Source: 25 Del. C. §§ 5312(e), 5308 |
| Landlord retaliation | Landlord may not seek possession, force the tenant out, raise rent, or cut services after the tenant in good faith complains of a code violation, a government agency cites a violation, the tenant organizes or leads a tenant organization, or the tenant pursues a legal remedy. Rebuttable presumption if the adverse action is within 90 days. Tenant recovers the greater of 3 months' rent or treble damages, plus costs (not attorney fees). § 5516(d) lists 12 defenses (e.g., good-faith owner occupancy, demolition). Re-verified 2026-10-27. Source: 25 Del. C. § 5516 |
Related questions
Delaware vs. neighboring states
| State | Lockouts and illegal eviction | Landlord shutting off utilities | Landlord retaliation |
|---|---|---|---|
| Delaware | If a landlord or the landlord's agent removes or excludes a tenant from the rental without a valid court order, the tenant may recover possession or end the lease. The tenant may also recover the greater of triple damages or three times the daily rent for the period of exclusion, plus court costs (but not attorneys' fees). 25 Del. C. § 5313 | A landlord may not cut off or terminate utility service because the tenant has not paid rent or utility charges or has otherwise breached the lease. If the landlord substantially fails to provide hot water, heat, water or electricity for 48 hours or more after notice, the tenant may end the lease immediately by written notice or keep two-thirds of the daily rent for the period of the outage; if the tenant stays and the failure continues, the tenant may instead get substitute housing (rent abates and the landlord owes extra costs up to half the abated rent) or withhold two-thirds of the daily rent, and may still recover damages beyond the amount withheld. 25 Del. C. §§ 5312(e), 5308 | Landlord may not seek possession, force the tenant out, raise rent, or cut services after the tenant in good faith complains of a code violation, a government agency cites a violation, the tenant organizes or leads a tenant organization, or the tenant pursues a legal remedy. Rebuttable presumption if the adverse action is within 90 days. Tenant recovers the greater of 3 months' rent or treble damages, plus costs (not attorney fees). 25 Del. C. § 5516 |
| Maryland | A landlord may not take or threaten to take possession of a home from a tenant (or holdover tenant) by locking the tenant out or any other action. A landlord may retake possession only under a court warrant of restitution executed by a sheriff or constable, or if the tenant has abandoned or surrendered the unit. A tenant who wins can recover actual damages and reasonable attorney's fees and costs, and other remedies remain available. A landlord may take temporary steps such as changing locks to secure an unsecured unit if it makes good-faith efforts to notify the tenant that the tenant can promptly be restored to possession. Md. Code, Real Prop. §8-216 | A landlord may not take or threaten to take possession of a home by 'willful diminution of services' - intentionally interrupting or causing the interruption of heat, running water, hot water, electricity or gas to force the tenant out. A tenant who wins can recover actual damages plus reasonable attorney's fees and costs, and these remedies are not exclusive (Real Prop. §8-216). It is not a violation for a landlord to stop paying for utilities after a final court order awarding possession, if the tenant got reasonable notice and a chance to open an account in the tenant's own name. Where the lease requires the landlord to pay the utility bill, a tenant who pays the utility (or a deposit for new service) may deduct those payments from rent (§8-212.3). Md. Code, Real Prop. §8-216; §8-212.3 | Landlord may not bring or threaten a possession action, arbitrarily raise rent or reduce services, or terminate a periodic tenancy because the tenant made a good-faith complaint (to the landlord or a public agency) about a lease/law violation or a substantial health or safety threat, sued or testified in a suit involving the landlord, joined a tenants' organization, or called police/emergency services. Remedy: damages up to 3 months' rent plus reasonable attorney's fees and costs. Md. Code, Real Prop. § 8-208.1 |
| New Jersey | Self-help eviction is banned. No one may enter or hold a home occupied solely as a residence without the occupant's consent except through court eviction process; a person who does so is a disorderly person. Padlocking or changing locks, putting a tenant's belongings outside, or turning the tenant out by force or threats is a 'forcible entry and detainer,' a disorderly persons offense if continued after a warning from police or another official. A tenant who wins an unlawful entry and detainer case gets possession plus all damages caused, court costs, and reasonable attorney's fees; if returning possession is inappropriate, the court awards treble damages instead. N.J.S.A. 2A:39-1, 2A:39-2, 2A:39-8; N.J.S.A. 2C:33-11.1 | No. Shutting off, or causing to be shut off, vital services such as heat, electricity, or water in an effort to regain possession is a 'forcible entry and detainer.' A person who does so after being warned by police or another public official that it is illegal, or who refuses to restore the occupant immediately, commits a disorderly persons offense; a second conviction within five years is a fourth-degree crime. Displaced lawful occupants may re-enter with a police officer present. N.J.S.A. 2C:33-11.1 | A landlord may not serve a notice to quit, sue for possession, or substantially change the tenancy (including refusing to renew without cause) as a reprisal for the tenant: trying to secure or enforce rights under the lease or law; making a good-faith complaint to a government authority about a health or safety violation (after first notifying the landlord and allowing reasonable time to fix it); or organizing, joining, or taking part in a lawful organization. The tenant wins the possession case if reprisal is shown, and may sue for damages and injunctive relief. N.J.S.A. 2A:42-10.10 to -10.13 |
| Pennsylvania | The Pennsylvania Attorney General's tenant guide states that landlord self-help eviction is prohibited: a landlord may not change the locks to remove a tenant and must instead give the required notice to quit and go through the court eviction process. Belongings left after a tenant moves out may be disposed of only under the Act's abandoned-property procedure, which requires written notice and a 10-day retrieval period (with up to 30 days of storage on request). PA Attorney General, Consumer Guide to Tenant and Landlord Rights; Landlord and Tenant Act of 1951 §§ 501, 505.1 | The Pennsylvania Attorney General's tenant guide states that landlord self-help eviction is prohibited: a landlord may not shut off utility service to start an eviction and must use the court process. When a utility plans to cut service because the landlord did not pay the bill, the Utility Service Tenants Rights Act requires the utility to give tenants at least 30 days' notice, and tenants may pay the utility to keep or restore service and deduct those payments from rent. PA Attorney General, Consumer Guide to Tenant and Landlord Rights; 68 P.S. §§ 399.6, 399.7, 399.9 (as described in the guide) | No general statewide anti-retaliation statute. Limited protections: a lease may not be terminated or non-renewed because of participation in a tenants' association (§ 205); retaliation for exercising rights under the Utility Service Tenants Rights Act is prohibited (68 P.S. § 399.11). 68 P.S. § 250.205; 68 P.S. § 399.11 (per AG guide) |
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Compare lockouts, utility shutoffs & retaliation in all 50 states and DC →
Delaware Lockouts, Utility Shutoffs & Retaliation FAQ
Can a landlord change the locks without a court order in Delaware?
If a landlord or the landlord's agent removes or excludes a tenant from the rental without a valid court order, the tenant may recover possession or end the lease. The tenant may also recover the greater of triple damages or three times the daily rent for the period of exclusion, plus court costs (but not attorneys' fees). (25 Del. C. § 5313)
Can a landlord shut off utilities in Delaware?
A landlord may not cut off or terminate utility service because the tenant has not paid rent or utility charges or has otherwise breached the lease. If the landlord substantially fails to provide hot water, heat, water or electricity for 48 hours or more after notice, the tenant may end the lease immediately by written notice or keep two-thirds of the daily rent for the period of the outage; if the tenant stays and the failure continues, the tenant may instead get substitute housing (rent abates and the landlord owes extra costs up to half the abated rent) or withhold two-thirds of the daily rent, and may still recover damages beyond the amount withheld. (25 Del. C. §§ 5312(e), 5308)
Can a landlord retaliate against a tenant for complaining in Delaware?
Landlord may not seek possession, force the tenant out, raise rent, or cut services after the tenant in good faith complains of a code violation, a government agency cites a violation, the tenant organizes or leads a tenant organization, or the tenant pursues a legal remedy. Rebuttable presumption if the adverse action is within 90 days. Tenant recovers the greater of 3 months' rent or treble damages, plus costs (not attorney fees). (25 Del. C. § 5516)
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.