Legal Question in Real Estate Law in Delaware

Re: Rights or expectations from landlord

I can't give you definitive information, but if you were

my client and if Massachusetts law applied, I'd be at the

courthouse FAST. The change of locks is, here, illegal,

and may only be accomplished by a sheriff with orders from

the court with more notice than you gave, your payment of

the old rent would have constituted the start of a new

tenancy, your default could be contested (though that

might be a losing case -- you haven't said why you defaulted)

but while it was being contested ( Rule 60(b) in this state

or under Federal Rules of Civil Procedure ) you would probably

not be evicted, the landlord could be brought up on criminal

charges for changing the locks illegally AND penalized several

months rent, etc.

Even if all the timeframes and procedures were followed on paper,

I suspect that your rental payment made after that verbal offer

from the rental office changed everything and invalidated all the

orders. How much back rent did you owe?

Well, don't answer to me -- instead, get a local lawyer, and for this

the freebie / cheapie types are not only available, they are often the

the best. You need someone versed in your state's landlord / tenant

laws. Get on it, now.

Stuart Williams

Law Offices of Stuart J. Williams

21 Walter St.