Deposit laws by state › Delaware
State law · Delaware
Delaware security deposit law
How long your landlord has to return your deposit, what they can deduct, and what happens if they get it wrong.
Short answer: Within 20 days after the lease ends, the landlord must return the deposit, or send an itemized list of damages with the balance.
How long does a landlord have to return a security deposit in Delaware?
- Return deadline
- Within 20 days after the lease ends, the landlord must return the deposit, or send an itemized list of damages with the balance.25 Del. C. § 5514(f)
- Itemized list
- The itemized list of damages is due within the same 20 days.25 Del. C. § 5514(f)
- Forwarding address
- Without a written forwarding address given at or before the end of the lease, the landlord is excused from the notice and double-damages rules, though it still owes any unused deposit.25 Del. C. § 5514(h)
Prefer a full page? Use the security deposit deadline calculator.
What happens if a Delaware landlord misses the deadline?
- If the landlord misses it
- A landlord who does not send the itemized list within 20 days is treated as acknowledging that no payment for damages is due.25 Del. C. § 5514(f)
- Penalty
- Failure to return the deposit or balance within 20 days entitles the tenant to double the amount wrongfully withheld. This depends on the tenant having given a written forwarding address at or before the end of the lease.25 Del. C. § 5514(g)
What can a Delaware landlord deduct from your deposit?
What can be deducted: Actual damage the tenant caused beyond normal wear and tear, unpaid rent and late charges, and, on early termination, reasonable costs of renovating and re-renting (capped at one month's rent in some cases). (25 Del. C. § 5514(c))
Normal wear and tear: Normal wear and tear cannot be charged; deductible damage is damage that cannot be corrected by painting and ordinary cleaning. (25 Del. C. § 5514(c)(1))
Cleaning: Conditions fixable by painting and ordinary cleaning are not deductible damage. (25 Del. C. § 5514(c)(1))
What the itemized list must include: An itemized list of damages with the estimated cost of repair for each. (25 Del. C. § 5514(f))
More on common charges: normal wear and tear, cleaning, painting, and a missing itemized list.
Is there a limit on security deposits in Delaware?
For a lease of one year or more, a landlord may not require a deposit of more than one month's rent. (25 Del. C. § 5514(a))
Furnished units are exempt, and a separate pet deposit of up to one month's rent is allowed (§ 5514(i)).
Deadlines and steps on your side
Delaware also sets rules for tenants. Missing one of these can cost you part of your claim, so check them early.
Objecting to the landlord's charges: If the tenant accepts a payment sent with an itemized list of damages, that counts as agreement to the damages listed unless the tenant objects in writing to the amount withheld within 10 days of receiving the payment. (25 Del. C. § 5514(f))
Taking a deposit case to small claims court in Delaware
Small-claims limit: Delaware's Justice of the Peace Court hears civil claims up to $25,000. (Delaware Courts JP Court FAQ)
Most deposit disputes never get that far. A clear demand letter, sent by certified mail, often settles them first.
Good to know
- You must make a written claim for the deposit within one year after the lease ends (25 Del. C. § 5514(h)).
What to do if your Delaware landlord kept your deposit
- Pin down your dates. When you moved out, returned the keys, and gave a forwarding address in writing. Compare them with the deadline above.
- Gather your evidence. Move-in and move-out photos, the lease, the landlord's list of deductions, receipts and messages. The case checklist covers what matters.
- Send a demand letter by certified mail. Ask for the money, cite Delaware's rules, and give a deadline to pay. What a demand letter does.
- If they still don't pay, consider small claims court. You don't need a lawyer there.
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Sources
These rules come from the same verified table the Demand Letter Companion uses, checked against the sources below on October 25, 2026. Laws change; check the current official text before relying on a date.
- 25 Del. C. § 5514: codes.findlaw.com
- Delaware Courts JP Court FAQ: courts.delaware.gov
Other states: see the guides for all 50 states and DC
This page is general legal information, not legal advice. Local ordinances can add rules, and your lease and facts matter. For advice about your situation, consult a licensed attorney in Delaware.