25 Del. C. ch. 57 § 5711
Judgment
Operative Text
(a) The court shall enter a final judgment determining the rights of the parties. The judgment shall award to the successful party the costs of the proceeding. (b) The judgment shall not bar an action, proceeding or counterclaim commenced or interposed within 60 days of entry of judgment for affirmative equitable relief which was not sought by counterclaim in the proceeding because of the limited jurisdiction of the court. (c) If the proceeding is founded upon an allegation of forcible entry or forcible holding out, the court may award to the successful party a fixed sum as damages, in addition to the costs.
Under 25 Del. C. ch. 57 § 5711, when a court resolves a landlord-tenant dispute, it issues a final judgment that determines each party's rights and awards court costs to the winning side. The judgment does not prevent either party from pursuing a separate claim for equitable relief within 60 days, as long as that claim could not have been raised in the original proceeding due to the court's limited jurisdiction. In cases involving allegations of forcible entry or forcible holdout, the court also has the authority to award a fixed monetary sum as damages on top of costs.
Plain English — not legal advice.
Under 25 Del. C. ch. 57 § 5711, operators who prevail in a covered court proceeding are generally entitled to recover their costs from the other party as part of the final judgment. When a case involves a claim of forcible entry or forcible holding out, a compliant operator understands that the court may also award a fixed damages sum beyond mere costs. Landlords who believe they have equitable claims that could not be raised in the original proceeding due to jurisdictional limits typically take note of the 60-day window following judgment entry within which such claims may still be pursued separately.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 5711 of Title 25 of the Delaware Code means that if a tenant prevails in a landlord-tenant court proceeding, the court is required to award costs of the proceeding to the tenant as the successful party. Tenants should also be aware that the 60-day post-judgment window preserves the ability to bring certain equitable claims in a separate action if those claims could not be raised as a counterclaim due to the court's limited jurisdiction. Tenants who believe they have additional claims or who faced a forcible entry or holdout situation may wish to consult a tenant-rights organization or legal aid provider to understand what options may be available under this provision.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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