DisputeKit / States / Delaware
Your consumer rights in Delaware
What Delaware and federal law say about getting a security deposit back, refunds and cancelling subscriptions, with the law cited and a sample letter for each.
Security deposits
20 days. Under Delaware Code, Title 25, § 5514, a landlord must provide an itemized list of damages with the estimated cost of repair for each and pay the tenant the difference between the deposit and those costs within 20 days. The clock starts when you move out and hand back possession of the unit. If you did not give a forwarding address in writing by the end of the lease, the landlord is not liable for double damages. If they miss that deadline, they lose the right to deduct for damages. A court may also award double the amount wrongfully withheld if the landlord does not return the deposit, or the difference between the deposit and the listed damages, within 20 days.
Refunds
If a company won't refund you, send a written demand with a clear deadline. If you paid by credit card, you may also be able to dispute the charge: Under the Fair Credit Billing Act, a billing-error dispute must reach the card issuer in writing within 60 days after the first statement showing the charge.
Subscriptions
Delaware has its own automatic-renewal law for subscriptions, on top of the federal Restore Online Shoppers' Confidence Act.
Small claims and complaints in Delaware
- Delaware consumer law
- Delaware Code, Title 6, § 2513
- Where to file a complaint
- Delaware Department of Justice, Consumer Protection Unit
- Small claims limit
- $25,000 in the Justice of the Peace Court
- Filing fee
- $35 to $45 for a debt claim depending on the amount (service by the court included)