Delaware Small Claims for a Security Deposit: Where to File, What It Costs, Does It Fit
In Delaware, a security deposit claim is heard by Justice of the Peace Court; the court for your county is listed below. The comparable deposit claim limit is $25,000. No comparable fee amount in our county data; see the official fee schedule. Pick your county, calculate your deadline, then send a dated letter.
State law last checked .
Filing facts
| Court | Justice of the Peace Court · Court source |
|---|---|
| Listed limits and jurisdictions | $25,000 (Justice of the Peace Court only) |
| Comparable deposit claim limit | $25,000 |
| Time limit to sue, from state data | 3 years; check when the claim accrued before counting from it. |
| Listed county filing fees | No comparable fee amount in our county data; see the official fee schedule. |
| E-filing | 3 yes, 0 no, 0 unverified among 3 listed counties |
| State deposit return deadline |
|
| Deposit statute | 25 Del. C. § 5514 |
Which county is the rental in?
Does your claim fit the limit?
Enter the amount you would ask the court to award.
The comparable claim limit ranks 44 among 45 jurisdictions with a comparable amount; median $10,000. Ties share a rank. Computed from state data, not measured.
From a letter to court
- Calculate the return date and send a letter using your own move-out date, deposit and state conditions.
- Keep the letter, delivery proof, lease, payment records and photos.
- Use your county guide and court's official instructions to check the filing location and fee.
Calculate your deadline and next letter
Your free letter
Get a DOCX letter with the dates and amount you entered.
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Details of the return rules
| When it applies | Deadline | Starts from |
|---|---|---|
| Deposit return | 20 days | from the expiration or termination of the rental agreement |
Delaware return rule: 20 calendar days. Check the dates you entered above.
Free Delaware template, built from verified state data
I rented [rental property address] from [lease start date] to [move-out date]. I paid a security deposit of $[amount]. I returned the keys on [date] and gave you my forwarding address in writing on [date]. Under Delaware law (25 Del. C. § 5514), a landlord must return the deposit or send a written, itemized list of deductions within 20 calendar days from the expiration or termination of the rental agreement.
Free dated DOCX by email. Print-ready state PDF kit: $29. Letter preparation and mailing: $49.
Who do you name in the claim?
Compare the name on the lease and deposit receipt with the property record and the Delaware Division of Corporations. A registered agent receives papers for a company; it is not the defendant. Confirm the defendant with the court or legal aid.
What to bring to the clerk
- Lease and deposit receipt or payment record.
- Demand letter and proof of delivery.
- Move-out photos, inventory and any itemized deductions.
- Your calculation and the cited deposit statute.
What you can recover
failure to remit deposit or difference with itemized damage list within 20 days: tenant entitled to double the amount wrongfully withheld; also, failure to disclose escrow location within 20 days of written request or failure to deposit in required in-state federally insured institution constitutes forfeiture of the deposit to the tenant, and failure to return full deposit within 20 days of that forfeiture also yields double the deposit Bad faith required: No.
This is class P1, found in 36 of 51 jurisdictions. Computed from cited state records, not measured outcomes.
Statute says
Failure to remit the security deposit or the difference between the security deposit and the amount set forth in the list of damages within 20 days from the expiration or termination of the rental agreement shall entitle the tenant to double the amount wrongfully withheld.
What this means
Tenant resources
- Community Legal Aid Societylegal aid
- Legal Services Corporation of Delawarelegal aid
- Delaware Courts - Landlord and Tenant Helpcourt self help
- Delaware Department of Justice - Consumer Protection Unitag consumer
- Delaware Justice of the Peace Court - Civil Casescourt self help
FAQ
Which court handles a security deposit claim in Delaware?
Justice of the Peace Court. Some counties have more than one small claims court, and venue rules differ by state; check which court hears your claim on the court's official page or with the clerk.
What is the deposit claim limit in Delaware?
The comparable general deposit claim limit is $25,000. Check the court and claim type that applies.
What is the return deadline in Delaware?
20 calendar days