Delaware Complaint in Small Claims Court for Failure or Refusal to Return Money Deposited for Apartment

State:
Multi-State
Control #:
US-01678BG
Format:
Word; 
Rich Text
Instant download

Description

This form is a generic complaint and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Delaware landlords cannot raise rent during the lease term unless the lease agreement allows for it. Additionally, if the rental property is a mobile home, rent increases are limited to once per year. Landlords must provide 60 days' notice before raising rent, and for mobile homes, a 90-day notice is required.

Small Claims Lawsuits in Delaware Tenants can sue landlords in Justice of the Peace Court for the return of their deposit, up to a dollar amount of $15,000. See Filing a Security Deposit Lawsuit in Delaware Justice of the Peace Court for advice for tenants filing suit.

Should I Take My Case to Small Claims Court? StateSmall Claims Court LimitDelaware$15,000District of Columbia$10,000Florida$5,000Georgia$15,00047 more rows

Rule 5. (aa)Except as otherwise provided by statute, a defendant may appear although a summons has not been served upon the defendant. Appearance may be made by the service and filing of notice thereof, or by the service or filing of any motion or pleading purport Appearance: When; how made; withdrawal.

An answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless the party states that the party has made reasonable inquiry and that the information known or readily obtainable by the party is insufficient to enable the party to admit or deny.

Consumer Protection Unit of the Attorney General's Office. The Consumer Protection Unit of the Attorney General's Office has the power to enforce the provisions of the Residential Landlord Tenant Code. Suspected violations of the Code should be reported to the Unit by calling 577-3250 or 1-800-220-5424.

If you believe you were a victim of housing discrimination, you have a right to file a housing discrimination complaint with the Pathways to Success Office. If you want to speak with our Fair Housing Facilitator: call 302-858-4861 or email fairhousing@pathways-2-success.org.

Filing False Charges or False Eviction Against the Tenant This is not only illegal but also considered landlord harassment. So, these actions can justifiably lead to a tenant filing suit against the owner.

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Delaware Complaint in Small Claims Court for Failure or Refusal to Return Money Deposited for Apartment