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 listed | Justice of the Peace Court - Civil Division |
|---|---|
| City | Wilmington |
| Address | 2 Penns Way, Suite 203, New Castle, DE 19720 |
| Phone | 302-323-6070 |
| Hours | Monday-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-filing | Yes, see filing page |
| Small claims limit | $25,000 |
| State deposit return deadline |
|
| Time limit to sue | 3 years |
| Deposit statute | 25 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
| 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.
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:
- The lease: the Landlord or Owner line and who signed.
- The deposit receipt or the account your rent went to.
- The owner of record in the property records of New Castle County.
- 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.
| Bedrooms | Deposit owed | Statutory amount | Total illustration | Limit check |
|---|---|---|---|---|
| 1 | $1,202 | $1,202 | $2,404 | Fits under the $25,000 limit for this illustrated claim |
| 2 | $1,402 | $1,402 | $2,804 | Fits under the $25,000 limit for this illustrated claim |
| 3 | $1,633 | $1,633 | $3,266 | Fits under the $25,000 limit for this illustrated claim |
| 4 | $1,832 | $1,832 | $3,664 | Fits 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.
| County | Median 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
- 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
- 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
- First State Community Action Agency, Inc.: HUD-approved housing counseling including rental counseling, pre/post rental tenancy counseling, and foreclosure-prevention 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.