Disclaimer: This information is educational and does not constitute legal advice. Consult a Delaware attorney about your specific situation before taking action.
Detailed Answer: Removing an unauthorized occupant from a Delaware property
When someone occupies real property without the owner’s permission, they are commonly called a squatter. Delaware law recognizes different remedies depending on whether the occupant is a tenant (has a rental agreement), a trespasser, or someone asserting long-term rights (adverse possession). Below are the practical steps owners typically follow and the legal concepts you should understand.
1. Quickly identify the occupant’s status
- Confirm ownership: have the deed or title report ready.
- Ask whether the occupant claims a lease or other permission. If there is a written or oral rental agreement, the occupant may be a tenant and different eviction rules apply.
- If there is no permission and the occupant refuses to leave, treat the situation as trespass or unlawful possession.
2. Do not use self-help to remove the occupant
Delaware law generally prohibits “self-help” eviction measures such as changing locks, removing the person’s belongings, cutting utilities, or physically ejecting the person yourself. Taking these steps can expose the owner to civil liability and criminal charges. Instead, use legal processes described below.
3. When to involve the police
If the occupant is committing a crime, threatening violence, or has just entered and refuses to leave, call the police. Criminal trespass and related offenses are part of Delaware’s criminal code; you can review Title 11 of the Delaware Code for criminal offenses: https://delcode.delaware.gov/title11/.
4. Serve a written demand to vacate
If it is a simple unauthorized occupancy and no immediate danger exists, prepare and deliver a written notice demanding that the person vacate. Keep proof of delivery (photographs, certified mail receipt, or a process server affidavit). A written demand helps document your attempt to resolve the matter peacefully before filing court actions.
5. File the appropriate civil action
If the occupant does not leave after a written demand, the usual remedy is a court action to regain possession. Which court and process to use depends on the facts:
- For residential unlawful possession or summary possession matters, property owners commonly file in the Justice of the Peace Court. The Justice of the Peace Court handles summary possession (eviction) and related landlord/tenant disputes: https://courts.delaware.gov/jpc/.
- If the case involves disputed title or ejectment on a non-rental property, a civil action for ejectment or trespass in the Superior Court or Court of Common Pleas may be appropriate depending on the circumstances and claims.
These civil actions ask a judge to order the occupant removed and may request damages for use and occupation, removal costs, or other losses. The court can grant a writ of possession that allows law enforcement to remove the occupant if they refuse to leave voluntarily.
6. Adverse possession: why it’s usually not an immediate problem
Adverse possession allows a person who openly and continuously occupies property without permission to claim legal title if they meet strict statutory requirements (open, notorious, exclusive, hostile, and continuous possession for the statutory period). Adverse possession claims take many years to mature. If you discover a recent squatter, the short-term remedy is eviction; adverse possession is unlikely to block removal unless the occupant has been on the land for the entire statutory period and meets every legal element.
7. Practical alternatives and considerations
- Negotiate a cash-for-keys agreement: pay the squatter a reasonable amount to leave voluntarily and avoid litigation delays and cost.
- Talk to your title insurer and closing attorney if a sale is pending. Title companies often require a clear possession for closing or an escrow holdback until the property is vacant.
- Preserve evidence: take dated photos, keep communications, and document any damage. This helps in court and with insurance or title claims.
- Consult a Delaware attorney experienced in real property and eviction to pick the fastest, safest route. Do not rely on informal advice to perform removals yourself.
Key Delaware resources
- Delaware Code (state statutes): https://delcode.delaware.gov/
- Justice of the Peace Court (summary possession and landlord/tenant information): https://courts.delaware.gov/jpc/
- Delaware criminal statutes (for crimes such as criminal trespass): https://delcode.delaware.gov/title11/
Helpful Hints
- Act quickly. The longer an occupant stays, the more complicated removal can become.
- Document ownership: have the deed, tax bill, and title report ready before filing a case.
- Never lock out or remove an occupant’s belongings yourself—use the court-ordered process.
- Use certified mail, a process server, or police reports to prove you delivered notices and attempted voluntary resolution.
- Talk to your closing agent or title company early if a sale is scheduled. They may require a judicial removal before closing or an escrow solution.
- Consider a short negotiated payment (cash-for-keys) to speed vacancy if time and cost of litigation would be higher.
- If the occupant claims a tenancy, ask for any written lease. If the occupant claims they have lived there for years, consult counsel promptly about adverse possession and the necessary defenses.
- Keep personal safety first. If you feel threatened at any time, call 911.
If you want, provide a few basic facts about the situation (is the occupant a recent arrival, do they claim a lease, is a sale pending) and I can outline the likely next legal steps and documents you will need to start a removal in Delaware.