The department or the court may waive any such civil penalty if the person, firm, corporation, association, or entity, or the agent or employee of the foregoing, has previously made full restitution or reimbursement or has paid actual damages to the consumers or governmental entities who have been injured by the unlawful act or practice or rule violation.

I’m filing a unlawful detainer for one, my question is should file for both?

You want to talk to me about state laws in an unlawful corrupt country, lol.

It’s a required precursor to an Unlawful Detainer (eviction) lawsuit and what you’ll need to go through if the tenant still doesn’t pay up by the end of the 3 days. 

I mention this because I do not want you to do something unlawful that you do not know about.

Notify tenant in writing due to unlawful occupancy you have changed the locks and they are welcome to come get a new key. 

For example, if it's a single family residence that the owner also resides in, and there are no other roommates, the owner is not subject to some of the same Fair Housing/Unlawful Discrimination restrictions that landlords are typically held to when selecting a tenant. 

Recently served my tenant with 3 day pay or quit which has expired, currently filing an unlawful detainer.

Hi John,Late fees are still enforceable - you just cannot evict on them or get a judgement through an Unlawful Detainer beyond the worthless $75.

I did look up Delawares landlord tenant code & from the way I'm understanding it is "unlawful" to collect such deposit..