Kent County, Delaware: Small Claims for a Security Deposit
Limits: $25,000 (Justice of the Peace Court only). E-filing: Yes. Court: Justice of the Peace Court - Civil Division. Statewide filing fee: $35 below $1,000; $40 from $1,000 through $5,000; $45 over $5,000.
Filing facts
| State small claims limits | $25,000 (Justice of the Peace Court only) |
|---|---|
| Statewide filing fee | $35 below $1,000; $40 from $1,000 through $5,000; $45 over $5,000. |
| E-filing | Yes |
| Time limit to sue in Delaware | 3 years. |
| State deposit return deadline |
|
| Penalty formula | 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. |
| Deposit statute | 25 Del. C. § 5514 |
The fee depends on how much you claim; the court's schedule above shows the tiers.
Where to file
Justice of the Peace Court - Civil Division
Courthouse city: Dover
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.
Court page check not recorded
See how to file in Delaware for the state filing procedure.
Rent and deposits in Kent County
County median gross rent: $1,285 per month.
| Bedrooms | Monthly rent |
|---|---|
| Studio | $969 |
| 1 bedroom | $973 |
| 2 bedrooms | $1,204 |
| 3 bedrooms | $1,558 |
| 4 bedrooms | $1,787 |
Illustrative deposit example computed from the county median rent: one month of the Census two-bedroom median is $1,204; two months is $2,408. This is an example computed from the county median, not a legal cap or a survey of deposits. The calculations below use the one-month deposit of $1,204.
State legal maximum deposit in Delaware: Not more than 1 month's rent ($1,204 at the example rent) where the rental agreement is for 1 year or more; for an agreement with no fixed term or a month-to-month agreement, after the tenancy has lasted 1 year or more, excess over 1 month's rent ($1,204 at the example rent) (including a surety-bond combination excess) must be returned as a credit immediately. The cap does not apply to furnished rental units. A separate pet deposit may not exceed 1 month's rent ($1,204 at the example rent).
Total households in Kent County: 70,053.
Renter households: 20,334 (29% of all households).
Renters spending more than half their household income on rent: 7%. A delayed deposit refund can leave these households with less money for their next rent payment.
County rent and household source: U.S. Census Bureau, American Community Survey 2019-2023 5-Year Estimates, tables B25064, B25031, B25003, B25070. Accessed .
Will my deposit claim fit the limit?
Using the county Census figure: two-bedroom median gross rent for Kent County, $1,204 per month.
The deposit range does not include penalties, interest, or other amounts you may claim.
- Compared with $25,000 (Justice of the Peace Court only), the whole deposit range fits.
A claim above the applicable limit must either be reduced to that limit or go to a different court.
Towns this court serves
A deposit claim is usually filed where the property sits or where the landlord is.
- Bowers
- Camden
- Cheswold
- Clayton
- Dover
- Farmington
- Felton
- Frederica
- Harrington
- Hartly
- Houston
- Kenton
- Leipsic
- Little Creek
- Magnolia
- Milford
- Smyrna
- Viola
- Woodside
- Wyoming
Source: U.S. Census Bureau, 2020 Census place-to-county relationship file.
Courthouse details
Address: 414 Federal Street, Room 173, Dover, DE 19901
Phone: 302-739-4316
Hours: Monday-Friday 8:00 am - 4:00 pm
Address and phone checked against the court's own page on 2026-09-21
Free help in Kent County
- Legal Services Corporation of Delaware, Inc.
free legal advice, assistance, and representation for low-income Delaware families, including safe and affordable housing and landlord-tenant problems
Phone: (302) 575-0408
- Community Legal Aid Society, Inc.
free civil legal help for Delawareans, including subsidized-housing eviction and subsidy termination, lockouts, unsafe conditions, and fair-housing discrimination
Phone: (302) 575-0660
- First State Community Action Agency, Inc.
HUD-approved housing counseling including rental counseling, pre/post rental tenancy counseling, and foreclosure-prevention help
Phone: (302) 856-7761
These are independent organisations, not DemandLetterLab.
From letter to filing
- Send a Delaware security deposit demand letter stating the deposit amount supported by your records. Give the landlord your forwarding address in writing.
- Before you file: review the deposit return deadlines above and allow the typical response window of 20 days after your letter.
- Time limit to sue in Delaware: 3 years.
- Check the court's filing instructions. Keep your lease, payment records, photos, letter, and proof of delivery ready.
This template uses Delaware law. Your county decides where you file, not which law applies.
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.
FAQ
How much does it cost to file in Kent County?
Statewide filing fee: $35 below $1,000; $40 from $1,000 through $5,000; $45 over $5,000.
How long do I have to sue?
Time limit to sue in Delaware: 3 years.
Where do I file?
Justice of the Peace Court - Civil Division. Courthouse city: Dover. Check the court's instructions for the right filing location.