Delaware Small Claims Court for Landlord-Tenant Disputes

Landlord-tenant disputes in Delaware don't always mean eviction. A landlord pursuing unpaid rent after a tenant has left, or a tenant suing over a withheld deposit or money loss from property damage, may bring a money claim in the Justice of the Peace Court as a standard debt or trespass action.

Which Type of Case to File

The distinction matters because different case types follow different rules:

Debt action (money only): A landlord suing a former tenant for back rent, or a tenant suing a former landlord for an unreturned security deposit. These follow the standard JP Court civil procedure — file Form CF01, pay the tiered filing fee ($35–$45), and the defendant gets 20 calendar days to answer.

Summary possession (eviction + money): A landlord seeking to remove a current tenant. This is a possessory action under Title 25 of the Delaware Code with different rules: a mandatory 7-day notice to pay or vacate first (12 days for mobile home lots), stricter venue requirements (file at the JP Court nearest the property in the same county), and different appeal paths. If you're seeking both eviction and back rent, you can consolidate them in the summary possession filing.

Trespass action (property damage): A landlord suing a former tenant for damage beyond normal wear and tear, or a tenant suing over negligent property damage. These also cap at $25,000 in JP Court.

Landlords: Suing for Back Rent

If a tenant has already vacated and owes rent, file a standard debt action. You don't need to go through the eviction process first — the lease termination already happened.

Gather your evidence: the signed lease, a ledger showing payments made and missed, any written notices you sent, and bank records. If the tenant left damage, photograph everything and get written repair estimates.

The Rule 57 issue: If you own the property through an LLC, corporation, or partnership, the entity cannot appear without counsel unless it submits a Certificate of Representation (Form CF50) to the Chief Magistrate, obtains approval before filing a complaint or answer, and pays the $20 annual fee. Skip this step and the court may dismiss your case or enter default against you.

Tenants: Suing for Security Deposit Violations

Delaware's security deposit law (25 Del. C. § 5514) gives landlords 20 days after lease termination and surrender of the premises to either return the deposit or provide an itemized list of deductions with estimated costs. Miss that 20-day window, and the tenant can sue for double the deposit amount.

We've written a detailed guide to Delaware security deposit small claims cases covering the penalty calculation, what to prove, and how to organize evidence. The short version: document the move-out condition, send a demand letter citing § 5514, and file if the landlord doesn't respond.

Property Damage Claims

Damage beyond normal wear and tear is a trespass action. This applies in both directions:

• Landlord vs. former tenant: Holes in walls, destroyed appliances, pet damage, missing fixtures. You'll need move-in and move-out photos, the lease terms covering maintenance responsibilities, and written repair estimates from licensed contractors.
• Tenant vs. landlord: Negligent failure to maintain the property that damaged your belongings — think a leaking roof that ruined furniture, or mold from an unfixed plumbing issue.

The JP Court cannot award damages for personal injury, mental anguish, or pain and suffering. Property damage only.

Filing Strategy

For ordinary money claims, you may file in any county. If the defendant is a Delaware resident and you want to recover court costs, file in a JP Court location within the defendant's county of residence. Summary possession cases must be filed at the JP Court nearest the rental property and within the same county.

Organize your exhibits for the Zoom hearing and submit them at least 5 business days before trial. Both sides should prepare: lease agreement, payment records, photos, written communications, and repair estimates. Label everything (Plaintiff Exhibits 1, 2, 3 or Defendant Exhibits A, B, C).

The Filing a Small Claims Case in Delaware guide walks through the full process from demand letter through hearing preparation, with printable worksheets for evidence organization and deadline tracking.

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