Up to $25,000 · 3 years to file.
A landlord who kept your deposit past the legal return deadline. In Delaware, small-claims cases for this kind of dispute are filed in the Justice of the Peace Court, where you can sue for up to $25,000.
Your deadline: Delaware generally gives you 3 years from when the claim arose to file. Miss it and the court can dismiss the case no matter how clearly you're owed.
The filing fee is around $45 (About $40–$50 plus service.). Before you file, send a written demand letter and keep proof of delivery.
Source: Del. Code tit. 10, § 9301; deadlines: Del. Code tit. 10, §§ 8106, 8119. Reviewed 2026-06-17 (verify with the court clerk).
Note on deadlines: Contract 3 yrs; property damage and personal injury 2 yrs.
Suing for something else in Delaware: Delaware unpaid loan · Delaware property damage · Delaware unpaid rent · Delaware contractor dispute.
Suing for security deposit in nearby states: Maryland ($5,000, 3 years) · Pennsylvania ($12,000, 4 years) · New Jersey ($5,000, 6 years).
General legal information, not legal advice. Rules change and vary by county and court; consult a licensed attorney or your court clerk.
Updated July 2026