Delaware Small Claims Court: A Renter’s Filing Guide

If you’re renting in Delaware and facing issues like withheld security deposits, unpaid repair costs, or other disputes with your landlord, Small Claims Court offers an accessible path for resolving disagreements fairly and affordably. This guide explains how renters can use Delaware’s court system to protect their rights under state law.

Understanding Delaware Small Claims Court for Renters

In Delaware, Small Claims Court is part of the Justice of the Peace Court. Renters often turn to this court for disputes involving security deposits, repair costs, and return of personal property. The process is designed to be user-friendly and affordable for those without legal training.

When Should Delaware Renters Use Small Claims?

• Getting your security deposit returned after moving out
• Recovering money you spent on essential repairs which the landlord refused to reimburse
• Seeking damages for illegal withholding of personal property
• Other monetary disputes with your landlord under $25,000 (the current limit)^[1]

This process typically does not handle cases like eviction filings (initiated by landlords), but as a renter, you can use it to claim money owed to you under Delaware’s landlord-tenant laws.

Key Delaware Legislation & Tribunal

• The main law that governs these issues is the Delaware Residential Landlord-Tenant Code (Title 25, Chapter 53).
• The tribunal that oversees residential tenancy matters (including small claims) is the Justice of the Peace Court.

Both resources outline your rights and responsibilities and set out the process for resolving disputes.

Filing in Small Claims Court: The Step-by-Step Process

Before starting, gather all evidence related to your case (receipts, lease agreement, photos, and dated communication).

1. Complete the Civil Action Complaint (Form CF01)

• Name: Civil Action Complaint (CF01)
• When to use it: When you want to start a claim in Small Claims Court for monetary damages (e.g., a withheld deposit). For example, if your landlord hasn’t returned your $1,200 deposit within 20 days, fill out this form to officially start your case.
• Get the form: Civil Action Complaint (CF01)

2. File Your Complaint and Pay the Filing Fee

• File your completed CF01 form at the Justice of the Peace Court location closest to your rented property. You can also mail it in.
• Pay the filing fee (as of this year, $35 for claims up to $1,000; $45 for higher amounts up to $25,000)^[2].

3. Service of Process

• The court will arrange to officially notify your landlord (the defendant) about your claim. After service, your landlord has a set time to respond.

4. Prepare for the Hearing

• After your landlord is served, the court schedules a hearing date.
• Bring all your evidence, any witnesses, and a copy of your completed paperwork to court.

5. After the Judgment

• If you win, the court will issue a judgment specifying the amount owed to you.
• If your landlord does not pay, there are further steps you can take to collect the judgment—ask court staff or see the Justice of the Peace Court guidance.

Tip: Small Claims Court is designed to be accessible — you don’t need a lawyer, but careful preparation (documents, timeline, photos) increases your chances of success.

Official Forms You May Need

• Civil Action Complaint (CF01): File this to begin your case. Download from the Delaware Courts website.
• Request for Service (CF03): Used if you need to request the court to serve papers by mail. CF03 form link.
• Notice of Judgment (CF09): The court uses this to provide you with the official outcome of your case.

Always review the Justice of the Peace Court’s Small Claims resources for the latest forms and instructions.

What to Expect at Your Hearing

Small claims hearings are informal, but you should be ready to explain your side clearly and respectfully. Both the renter and landlord can present evidence and call witnesses. The judge considers the facts and laws before making a decision.

After the Hearing: Getting Your Money (If You Win)

If the court decides in your favor, your landlord must pay the judgment amount. If they don’t, you may use additional forms to request wage garnishment or liens—these are more advanced steps, so ask the court for guidance if needed.

FAQ: Delaware Small Claims Court for Renters

1. What is the maximum amount I can sue for as a renter in Delaware Small Claims Court?
   You can claim up to $25,000 in Delaware Small Claims Court, which covers most security deposit and repair disputes.
2. How soon should I file after my landlord withholds my security deposit?
   Delaware law requires landlords to return security deposits within 20 days after the lease ends. If the deadline passes, file as soon as possible with supporting documents.
3. Do I need a lawyer in Small Claims Court?
   No, Delaware’s Small Claims process is designed so you can represent yourself. However, you may hire a lawyer if you wish.
4. Can my landlord file a counterclaim?
   Yes, your landlord may submit a counterclaim if they believe you owe them money for damage or unpaid rent. Be ready to address their claims during the hearing.
5. What evidence should I bring to court?
   Bring your lease, deposit receipts, repair bills, photos, any written communication, and witnesses if possible.

Conclusion: Key Takeaways for Delaware Renters

• Small Claims Court is a helpful way for renters in Delaware to resolve financial disputes with landlords affordably and quickly.
• Preparation is essential—collect all documentation and official forms before filing.
• The Justice of the Peace Court and the Delaware Residential Landlord-Tenant Code are your best resources for current rules and forms.

Understanding each step helps ensure your renter rights are respected and your voice is heard.

Need Help? Resources for Renters

• Delaware Justice of the Peace Court: Small Claims Information
• Delaware Residential Landlord-Tenant Code
• Delaware State Housing Authority
• Legal Services Corporation of Delaware – Free or low-cost legal help for qualifying renters
• Call the Justice of the Peace Court information line at 302-255-0900 for court locations, fees, and general guidance

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1. Delaware Justice of the Peace Court – Small Claims Information
2. Justice of the Peace Court - Filing Fee Schedule

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