New Castle County, Delaware: Where to File a Security Deposit Claim and What It Costs

Listed court is Justice of the Peace Court - Civil Division in Wilmington. Check venue on the court's official page or with the clerk. Filing fee: see the fee table. Claims up to $25,000. Delaware return time: 20 calendar days. ACS two-bedroom rent: $1,402. Enter your dates below and send the dated letter first.

Court listedJustice of the Peace Court - Civil Division
CityWilmington
Address2 Penns Way, Suite 203, New Castle, DE 19720
Phone302-323-6070
HoursMonday-Friday 8:00am - 4:00pm
County filing fee$35 below $1,000; $40 from $1,000 through $5,000; $45 over $5,000, per the official JP Court fee schedule.
E-filingYes, see filing page
Small claims limit$25,000
State deposit return deadline
  • 20 calendar days after from the expiration or termination of the rental agreement.
Time limit to sue3 years
Deposit statute25 Del. C. § 5514

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.

Details

Limits: $25,000 (Justice of the Peace Court only).

Your dates and your letter

Calculate your deadline and next letter

Your free letter

Get a DOCX letter with the dates and amount you entered.

Already sent a letter? Tell us if it worked

Details of the return rules
Delaware statutory deadlines
When it appliesDeadlineStarts from
Deposit return20 daysfrom the expiration or termination of the rental agreement

Delaware return rule: 20 calendar days. Check the dates you entered above.

Court listed for this county: Justice of the Peace Court - Civil Division. Check venue on the official court page or with the clerk.

Free dated DOCX by email. Print-ready state PDF kit: $29. Letter preparation and mailing: $49.

Who do you name in the claim?

Find and compare the legal names

Find and compare the legal names in these records:

  1. The lease: the Landlord or Owner line and who signed.
  2. The deposit receipt or the account your rent went to.
  3. The owner of record in the property records of New Castle County.
  4. The Delaware business registry for an LLC or management company: its exact legal name and registered agent. Delaware Division of Corporations

A registered agent receives court papers for a company; it is not the defendant.

This page shows where the names are recorded; it does not decide who is legally liable.

What to bring to the clerk

  • Your lease.
  • Deposit receipt or payment record.
  • The demand letter and proof of delivery.
  • Move-out photos and an inventory or condition report.

Is it worth filing here?

Illustration: a deposit equal to one month's ACS median gross rent (U.S. Census Bureau, American Community Survey 2019-2023 5-Year Estimates) for a home in New Castle County. This is calculated from rent, not measured deposits. The statutory amount requires the rule's conditions.

BedroomsDeposit owedStatutory amountTotal illustrationLimit check
1$1,202$1,202$2,404Fits under the $25,000 limit for this illustrated claim
2$1,402$1,402$2,804Fits under the $25,000 limit for this illustrated claim
3$1,633$1,633$3,266Fits under the $25,000 limit for this illustrated claim
4$1,832$1,832$3,664Fits under the $25,000 limit for this illustrated claim

Source: U.S. Census Bureau, American Community Survey 2019-2023 5-Year Estimates, tables B25064, B25031, B25003, B25070; accessed 2026-09-21. Penalty rule.

How does New Castle County compare with other Delaware counties?

The two-bedroom median gross rent is $1,402: rank 1 of 3 counties with this metric in U.S. Census Bureau, American Community Survey 2019-2023 5-Year Estimates. 31.5% of households rent in New Castle County.

New Castle County two-bedroom rent $1,402, rank 1 of 3 counties
Nearby counties in the two-bedroom rent ranking
CountyMedian gross rent
New Castle County$1,402
Kent County$1,204
Sussex County$1,165

Ranking uses the same ACS metric and period within this state; ties share a rank. Coverage is 3 of 3 listed counties. Census source.

Places in New Castle County

  • Arden
  • Ardencroft
  • Ardentown
  • Bellefonte
  • Clayton
  • Delaware City
  • Elsmere
  • Middletown
  • New Castle
  • Newark
  • Newport
  • Odessa
  • Smyrna
  • Townsend
  • Wilmington

These are Census places in the county. Check the rental's address with the clerk to find the court.

U.S. Census Bureau, 2020 Census place-to-county relationship file

Free legal help

FAQ

How much does it cost to file in New Castle County?

County filing fee: $35 below $1,000; $40 from $1,000 through $5,000; $45 over $5,000, per the official JP Court fee schedule..

Where do I file a deposit claim in New Castle County?

Justice of the Peace Court - Civil Division is listed. 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

Who should I name in the claim?

Compare the legal names on the lease, deposit receipt, property records and business registry. A registered agent receives papers for a company; it is not the defendant.

What should I bring to the clerk?

Bring your lease, deposit receipt, demand letter, proof of delivery, photos and any move-out inventory.

What's next?