Delaware Renters: What to Do If You’re Locked Out

If you’re renting in Delaware and find yourself unexpectedly locked out, knowing your rights can help you avoid unnecessary stress and get swift help. Delaware law has clear protections for renters facing lockouts—whether accidental or unlawful. This guide explains what counts as an illegal lockout, what steps you can take, and which official resources can help you resolve the issue quickly and legally.

Understanding Lockouts: What Delaware Law Says

Under Delaware’s Residential Landlord-Tenant Code, landlords are forbidden from changing your locks, removing doors, or taking away your property to force you out of your home, except through a proper court eviction process.^[1] A lockout by your landlord without a legal court order is unlawful, even if you’re behind on rent.

• Lockouts may include changing locks, removing doors/windows, or shutting off utilities to make you leave.
• Only a court-issued Writ of Possession allows a landlord to remove you or change locks legally.
• Informal eviction ("self-help eviction") is strictly prohibited.

Common Situations That Are NOT Legal Lockouts

• Landlord entering with notice for emergency repairs (with prior notice or in an emergency).
• Your own lost keys or accidental lockouts—these are not caused by the landlord.

Immediate Steps: What Should You Do If You’re Locked Out?

If you believe you’ve been unlawfully locked out by your landlord in Delaware, follow these steps to protect your rights and regain access:

• Try to Contact Your Landlord: Politely request immediate access, and document the conversation.
• Gather Evidence: Take photos or videos of changed locks, notices, or other signs of lockout. Save any texts, emails, or voicemails.
• Call Local Law Enforcement: Police may help explain that lockouts without a court order are illegal, but they typically cannot force a landlord to let you in. Ask them to document the call.
• File a Petition with the Justice of the Peace Court: If the landlord refuses, you can file an official complaint to restore access (see next section).

Official Delaware Forms and How to File

The main tribunal for Delaware residential tenancy matters is the Delaware Justice of the Peace Court (JP Court), which handles all landlord-tenant disputes, including lockouts.

Tenant’s Petition for Injunctive Relief (Form CF01)

• Form Name and Number: Tenant's Petition for Injunctive Relief – JP Court Form CF01
• When and How to Use: Use this form if your landlord changes the locks or removes you from the property unlawfully. The form requests the court to order the landlord to let you back in immediately.
• Practical Example: If your landlord changed the locks without a court order and won’t respond, you would file this form at your nearest JP Court to request a judge’s intervention. Bring your evidence (photos, messages, police report).
• Download the official Tenant's Petition for Injunctive Relief (CF01)

How the Process Works:

• Complete the CF01 form and file at your local JP Court.
• The court will schedule a quick hearing—often within days.
• If successful, the court will order your landlord to let you back in or restore your access.

This process is designed to provide a fast resolution for renters—unlawful evictions are taken very seriously in Delaware courts.

Your Rights and Protections

Delaware law under the Residential Landlord-Tenant Code, Section 5313 & Section 5311 outlines the following renter protections:

• Right to Peaceful Possession: You cannot be removed, locked out, or dispossessed without a formal court process.
• Compensation for Damages: If a landlord violates lockout laws, renters may be entitled to actual damages, and in some cases, legal fees.
• Right to Restore Possession: Courts can order immediate restoration if a landlord has acted improperly.

For more on renter protections, check the official Delaware Department of Justice Landlord-Tenant Resources.

FAQ: Delaware Lockout Laws & Renter Remedies

1. What should I do if my landlord changed my locks without notice?
   File a Tenant’s Petition for Injunctive Relief (CF01) at your local Justice of the Peace Court, and gather any evidence of the lockout. Contact law enforcement to document the event.
2. Can my landlord lock me out for not paying rent?
   No. Even if you’re behind on rent, your landlord must go through the formal court eviction process. Self-help lockouts are illegal in Delaware.
3. Are there emergency services for renters locked out?
   While police cannot force landlords to unlock doors, they can help document the situation. The JP Court provides a quick legal remedy for wrongful lockouts.
4. How fast will the court hearing be after I file Form CF01?
   These cases are given priority and are often scheduled within days to restore access quickly.
5. What if I caused the lockout (lost keys, accidental lockout)?
   This is not covered by lockout laws—you’ll need to contact your landlord or a locksmith. The law only protects tenants from landlord-caused lockouts.

Key Takeaways for Delaware Renters

• Landlords cannot legally lock you out or remove property without a court order.
• Filing a Tenant’s Petition for Injunctive Relief (Form CF01) at the JP Court is your main remedy.
• Always use official legal channels—do not attempt to re-enter without permission.

Staying informed and knowing which forms and contacts to use will help you resolve lockout issues quickly and safely.

Need Help? Resources for Renters in Delaware

• Delaware Justice of the Peace Court (Landlord-Tenant) — file forms and access court info
• Tenant's Petition for Injunctive Relief – Form CF01
• Delaware Department of Justice – Landlord-Tenant Resources
• Delaware State Housing Authority — housing advice, emergency contacts

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1. Delaware Residential Landlord-Tenant Code, Title 25 Chapter 51
2. Delaware Justice of the Peace Court – Landlord-Tenant Section
3. Delaware Department of Justice – Landlord-Tenant System

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