No, squatting in Delaware is illegal under state statutes and common law, with penalties including criminal trespass and eviction. Landlords must follow strict judicial procedures to remove squatters, as unauthorized occupancy violates Delaware’s trespass laws and property rights frameworks.
Key Regulations for Squatting in Delaware
- Criminal Trespass Statutes: Delaware Code Title 11 § 821 criminalizes trespassing, classifying squatting as a Class B misdemeanor punishable by up to 6 months imprisonment and fines up to $1,150. Repeat offenses escalate to felony charges under § 822.
- Adverse Possession Limits: Squatters cannot claim adverse possession in Delaware unless they occupy property openly, continuously, exclusively, and hostilely for 20 years (10 years with color of title under 10 Del. C. § 7107). Short-term occupation fails to meet statutory requirements.
- Eviction Procedures: Landlords must obtain a court order via summary possession (10 Del. C. § 5702) to evict squatters. Self-help evictions (e.g., changing locks) are prohibited and may trigger civil liability under 6 Del. C. § 2101.
Delaware’s 2024 legislative updates to the Delaware Uniform Residential Landlord-Tenant Code further streamlined eviction processes for squatters, requiring expedited hearings within 10 business days of filing. Local jurisdictions, such as New Castle County’s Code Enforcement Division, collaborate with law enforcement to enforce anti-squatting measures. Non-compliance risks landlord liability for damages under 10 Del. C. § 5713.