Delaware · Security deposit dispute

Security deposit dispute in Delaware small claims

Landlord kept your deposit? Take it to small claims.

If your landlord did not return your security deposit, or kept part of it without a proper itemized reason, small claims court is the usual place to get it back. Most states require the landlord to return the deposit (or send an itemized list of deductions) within a set number of days after you move out. Because that specific deadline varies by state and is not a filing statute of limitations, verify it with your court or state housing agency before you rely on it.

In Delaware, small-claims cases are heard in the Justice of the Peace Court and you can sue for up to $25,000 (the Justice of the Peace Court cannot award more than this amount).

Security deposit dispute: steps that matter

  1. Document the unit's condition at move-out (photos, video, a signed walkthrough) and keep your lease and move-in records.
  2. Send the landlord a written demand for the deposit, with your forwarding address, and keep proof you sent it.
  3. Check your state's deposit-return rules (how many days the landlord had, and whether an itemized statement was required) with your court or state housing agency.
  4. If the deposit is not returned, file in small claims within the deadline below and bring your lease, photos, and demand letter.

Filing your complaint (Civil Form No. 1) in Delaware

  1. Confirm the JP Court is the right forum. Determine whether the type and amount of your claim can be handled in the Justice of the Peace Court. Per the court: 'The Justice of the Peace Court may not award any amount exceeding $25,000.'
  2. Identify the defendant. Obtain and use the correct legal name and address of the defendant, and determine whether anyone other than the defendant needs to be named for service.
  3. Complete the complaint form. Obtain a complaint form (Civil Form No. 1). The court states: 'To start an action, you must fill out a complaint.'
  4. File the complaint and pay the fee. File the completed complaint with the Justice of the Peace Court and pay the applicable filing fee ($35-$45 for debt claims depending on the amount in controversy).
  5. Have the defendant served. After filing, the documents must be served on the defendant. 'After you have filed your complaint with the Court, the Court will attempt to serve (deliver the documents to) the defendant unless you tell the Court that you wish to hire a special process server.'

Filing fees: Filing fees for debt claims are roughly $35 to $45 depending on the amount in controversy. Verify the current fee with the court.

Deadline that applies to your security deposit dispute

A security-deposit claim is generally treated as a contract claim (your lease), so the contract statute of limitations below is the usual outer deadline to sue. Many states ALSO set a separate, shorter deadline for the landlord to return or itemize the deposit — that landlord deadline is set by your state's landlord-tenant statute, not shown here, so confirm it with your court or state consumer/housing agency.

Written contract: 3 years

Answering a lawsuit: 15 days from receipt of the summons (debt and trespass actions)

Serving the defendant: After filing, the Court will attempt to serve the defendant unless the plaintiff hires a special process server.

Appeals: Most JP Court civil decisions (except landlord/tenant possession cases) may be appealed to the Court of Common Pleas in the county where the JP Court is located; a Notice of Appeal must be filed within 15 days.

This page is general information, not legal advice, and CaseBySelf is not a law firm. Rules, fees, and deadlines change and vary by court: verify with the specific court where you file. Source: Delaware Courts - How To Start a Civil Action in the Justice of the Peace Court. Last reviewed 2026-06-23.