How to Write a Demand Letter to Your Landlord in Delaware

When renting a home or apartment in Delaware, you have the right to safe housing, fair treatment, and clear communication with your landlord. If you’re facing issues like delayed repairs, withheld security deposits, or unlawful rent increases, sending a formal demand letter is often the first step toward resolving the dispute. Understanding how to write an effective letter—and the legal steps that may follow—can help protect your rights and achieve a fair outcome under Delaware law.

What Is a Demand Letter and When Should You Send One?

A demand letter is a written request that you send to your landlord, describing an issue, what you need done to fix it, and a deadline for resolution. This document is often required by law before you can take certain legal actions, like filing a complaint or beginning a lawsuit. Examples include demanding repairs for unsafe living conditions, requesting the return of a security deposit, or stopping a wrongful eviction.

When to Send a Demand Letter

• You’ve requested repairs but the landlord has not responded within a reasonable time.
• Your landlord did not return your security deposit within 20 days of lease termination.
• You believe your landlord is not following the Delaware Residential Landlord-Tenant Code.

What to Include in a Delaware Demand Letter

For clarity and legal protection, your demand letter should:

• Clearly state your name, address, and contact information.
• Identify your landlord by name and address.
• Describe the issue in detail (e.g., "The heating system has not worked since January 2").
• Reference any previous requests or communications.
• Set a firm deadline for response or resolution (Delaware typically allows for reasonable time or 10-20 days, depending on issue).
• State what action you will take if the issue is not resolved (such as filing a complaint with the Delaware Justice of the Peace Court).

Using Official Delaware Forms

While Delaware does not have a mandatory "demand letter form," you may need to use other official documents if your issue is not resolved. For example, if you’re seeking the return of your security deposit, and your landlord does not respond to your letter, you may proceed to the next legal step:

• Landlord-Tenant Complaint (JP Civil Form No. 1): Used to file a landlord-tenant dispute with the Delaware Justice of the Peace Court. Example: If you’ve sent a demand letter to recover a security deposit and have not received a response within 20 days, you may use this form to start formal court action. See the official Landlord-Tenant Complaint form (JP Civil Form No. 1).

How to Write and Send Your Demand Letter

Writing your own letter ensures the details fit your situation. Here’s how:

• Write the letter clearly and politely. Describe the issue and what outcome you seek.
• Include relevant documentation (photos, prior emails, receipts).
• State what law or lease term applies (such as citing the Delaware Residential Landlord-Tenant Code).
• Send your letter by certified mail or with a delivery confirmation. Keep a copy for your records.

What Happens Next?

Give your landlord a reasonable deadline to respond (usually 7–20 days, depending on the issue). If there’s no response or the issue remains, you may proceed with a complaint to the Delaware Justice of the Peace Court, which handles most landlord-tenant disputes in the state.

Delaware's Official Tribunal for Landlord-Tenant Disputes

• Delaware Justice of the Peace Court – Handles all residential tenancy legal actions.

For more details about tenant rights and dispute processes, see the Delaware Department of Justice Landlord-Tenant Code Resources.

FAQ: Sending a Demand Letter in Delaware

1. Do I need a lawyer to send a demand letter in Delaware?
   You do not need a lawyer for this step. Most renters write their own demand letter, but you may seek free legal help if needed.
2. What if my landlord ignores my demand letter?
   If there’s no reply after your stated deadline, you may file a complaint with the Delaware Justice of the Peace Court using the Landlord-Tenant Complaint form.
3. How long must I wait after sending a demand letter to take further action?
   Generally, allow 7–20 days, based on the issue. For security deposits, Delaware law gives landlords 20 days to return the deposit after you move out.
4. Is it okay to email my demand letter?
   You may email, but sending a hard copy via certified mail is recommended for proof of delivery.
5. Where can I get help writing a demand letter?
   Contact Delaware Legal Help Link or the Delaware Department of Justice for resources and guidance.

Conclusion: Key Takeaways

• Always send a clear, polite demand letter before filing a formal complaint with the tribunal.
• Include details, deadlines, and supporting documentation.
• If your landlord does not respond, you may use official forms to start legal action.

Being organized and knowing your rights under the Delaware Residential Landlord-Tenant Code gives you the best chance of resolving disputes.

Need Help? Resources for Renters

• Delaware Justice of the Peace Court – File official complaints and learn more about your legal rights.
• Delaware Attorney General’s Landlord-Tenant Code – Comprehensive information on tenant and landlord obligations.
• Legal Services Corporation of Delaware – Free or low-cost legal advice for eligible renters.

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1. Delaware Residential Landlord-Tenant Code, Title 25, Chapter 53
2. Delaware Justice of the Peace Court – Landlord-Tenant Overview
3. Landlord-Tenant Complaint (JP Civil Form No. 1)
4. Delaware Department of Justice: Landlord-Tenant Code

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