Delaware Law: Plain-English Guides

Key Delaware facts

Security deposit deadline

20 days after the lease expires or terminates. 25 Del. C. § 5514(e)-(f)

Eviction notice for unpaid rent

After the late-fee grace period (5 days after rent is due), landlord may serve a written demand giving the tenant at least 7 days to pay before filing for summary possession. 25 Del. C. § 5502(a), (c)

Small claims limit

$25,000. The Justice of the Peace Court hears debt, trespass (property damage only), replevin, security deposit and landlord-tenant cases and may not award more than $25,000; Justice of the Peace Court Jurisdiction page; Starting a Civil Action in JP Court

Small estate affidavit

If the decedent's personal property (not counting jointly owned property and certain exempt items) is worth $50,000 or less and the decedent owned no Delaware real estate in their own name or as a tenant in common, a… 12 Del. C. § 2306

Minimum wage

$15.00 per hour, effective January 1, 2025. No further increase is scheduled in state law; if the federal minimum wage ever rises above the state rate, the federal rate applies. 19 Del. C. § 902(a)

Final paycheck if fired

By the later of (1) the next regular payday for the period worked, or (2) three business days after the last day worked. 19 Del. C. § 1103(a)

Time limit to sue on a debt

3 years. Actions based on a promise, and actions to recover a debt not evidenced by a record or by an instrument under seal, must be brought within 3 years after the claim accrues. 10 Del. C. § 8106(a), (c)