Security Deposit Laws in Delaware
How long does a landlord have to return a security deposit in Delaware?
Under 25 Del. C. § 5514, a landlord in Delaware has 20 days after you move out to either return your full security deposit or provide an itemized statement of deductions along with any remaining balance.
Important Delaware-specific details
1-month cap applies to leases of 1 year or more. No cap for shorter-term or furnished rentals (furnished can be up to 2 months). Additional pet deposit of up to 1 month's rent allowed. Deposit must be held in an escrow account at a federally insured institution with a Delaware office — landlord must disclose the account location on tenant's request.
What happens if the landlord misses the deadline in Delaware?
Missing the deadline has real consequences for landlords in Delaware. Under the statute, the penalty is: Tenant may recover 2x (double) the amount wrongfully withheld plus court costs. Landlord also forfeits all withholding rights if no itemized list is provided within 20 days.
In practice, this means if your landlord doesn't return the deposit (or a proper itemized statement) within 20 days, you likely have a strong case in small claims court.
What can the landlord legally deduct from your deposit in Delaware?
Delaware law generally allows landlords to deduct for:
- Unpaid rent
- Damage to the unit beyond normal wear and tear — holes in walls, broken fixtures, stains, pet damage
- Cleaning costs, if the unit is left noticeably dirtier than at move-in
- Breach-of-lease costs, such as early termination fees where legally permitted
Landlords cannot deduct for normal wear and tear — faded paint, worn carpet from regular use, minor scuffs, or small nail holes from hanging pictures.
Calculator: check your deposit situation
Enter your move-out date and deposit amount below to see exactly when your landlord's deadline is — and whether they've already missed it.
Security Deposit Return Calculator
Find out when your landlord must return your deposit and what they're legally allowed to deduct.
What to do if your landlord won't return your deposit in Delaware
- Send a demand letter by certified mail. Cite 25 Del. C. § 5514 and the amount owed. Keep a copy and the delivery receipt.
- Give the landlord a reasonable response window — typically 7 to 14 days after the demand letter.
- File in small claims court. In most states you can sue for up to $5,000–$10,000 without a lawyer. Filing fees are usually $30–$75 and often recoverable as costs.
- Bring evidence. Lease, move-in and move-out photos, the demand letter, proof of delivery, and any communications with the landlord.
For a complete walkthrough, see our guide: What to Do If Your Landlord Won't Return Your Security Deposit.
Delaware Security Deposit FAQ
- How long does a landlord have to return a security deposit in Delaware?
- In Delaware, landlords must return the security deposit within 20 days of the tenant moving out, per 25 Del. C. § 5514. They must either return the full deposit or provide an itemized statement of any deductions.
- What is the maximum security deposit a landlord can charge in Delaware?
- In Delaware, the maximum security deposit is 1 month of rent under 25 Del. C. § 5514.
- What happens if my landlord doesn't return my deposit on time in Delaware?
- In Delaware, the penalty for wrongfully withholding a security deposit is: Tenant may recover 2x (double) the amount wrongfully withheld plus court costs. Landlord also forfeits all withholding rights if no itemized list is provided within 20 days. You can sue in small claims court to recover the deposit plus the statutory penalty.
- Does my landlord in Delaware have to pay interest on my security deposit?
- No. Delaware does not require landlords to pay interest on security deposits.
- Does my landlord have to itemize deductions from my deposit in Delaware?
- Yes. Delaware law requires landlords to provide an itemized statement of any deductions made from your security deposit.