Delaware · Security deposits · Updated Oct 2026

Delaware security deposit law

How much a landlord in Delaware can charge, the deadline to return a deposit, what may be deducted, the penalty for keeping it wrongly and how to get yours back.

Short answer

In Delaware, the deposit limit is: One month's rent if the lease is for 1 year or more, or for a month-to-month tenancy that has lasted 1 year or more (the landlord must then credit back anything over one month). The landlord must return it as follows: Within 20 days after the lease ends, the landlord must return the deposit, or send an itemized list of damages with estimated repair costs and pay you the difference.

deposit limit
1 month's rent (with exceptions)
to return a deposit
20 days
deposit penalty
Up to 2×

Security deposit in Delaware

Limit
One month's rent if the lease is for 1 year or more, or for a month-to-month tenancy that has lasted 1 year or more (the landlord must then credit back anything over one month). No cap for shorter leases or furnished units. A separate pet deposit is allowed, up to one month's rent (none for a certified support animal).
Deadline to return it
Within 20 days after the lease ends, the landlord must return the deposit, or send an itemized list of damages with estimated repair costs and pay you the difference. Notices and refunds go to the address in the lease or a forwarding address you give in writing at or before move-out. If the lease makes returning keys a condition of getting the deposit back, it must set out a clear key-return procedure; if the last day falls on a weekend or holiday you can return keys the next business day or leave them in a secure drop box with written notice (§ 5125).
Itemized list
Yes, within 20 days, listing each damage and its estimated repair cost. If the landlord sends no list in time, that counts as admitting nothing is owed for damage. If you cash a partial refund, you are treated as agreeing unless you object in writing within 10 days.
What may be deducted
Actual damage you caused beyond normal wear and tear (or that painting and ordinary cleaning cannot fix); unpaid rent including late charges and rent due if you left early; and reasonable re-renting costs if you ended the lease early (capped at one month's rent if you ended it under § 5314, for example job relocation or domestic violence). Application fees are capped at the greater of 10% of monthly rent or $50 (double damages if overcharged; § 5514(d)).
Interest
No. The statute does not require interest.
Separate account
Yes. The deposit must be kept in an escrow 'security deposits account' at a federally insured bank with a Delaware office, and the landlord must tell you where. If the landlord refuses to tell you within 20 days of your written request, or does not use such an account, the landlord forfeits the whole deposit.
If the landlord keeps it wrongly
Double the amount wrongfully withheld. If the landlord forfeited the deposit (wrong account or would not disclose it) and does not return it within 20 days, double the deposit. If you gave no forwarding address, you lose the double-damages claim but can still claim the unused deposit in writing within 1 year.
Law
25 Del. C. § 5514

Get your deposit back, step by step

  1. Before you move out, clean, take dated photos and video of every room, and return all keys.
  2. Give your landlord your new address in writing. In Delaware: Notices and refunds go to the address in the lease or a forwarding address you give in writing at or before move-out.
  3. Wait for the deadline: Within 20 days after the lease ends, the landlord must return the deposit, or send an itemized list of damages with estimated repair costs and pay you the difference.
  4. If the money or an itemized list doesn't come, or the deductions are wrong, send a demand letter (below). Keep proof of mailing.
  5. If that doesn't work, sue in small claims court. Limit: The Justice of the Peace Court can award up to $25,000. Small claims court in Delaware on Small Claims Map

Deposit return calculator for Delaware

Find your state's deadline for returning a security deposit, whether your landlord is late and what you may be owed. Nothing you type here is sent anywhere.

Enter your deposit and move-out dateThe result appears as you type.

An estimate from the dates you enter and the rule in our data, not legal advice. We skip weekends only where the rule counts business days, and we don't skip holidays.

Security deposit demand letter for Delaware

A short, firm and polite letter asking your landlord to return your deposit by a date. It cites your state's deposit law. Many landlords pay at this step, and the letter is proof that you asked. Fill this in, download the letter as PDF or Word (or copy it), sign it, keep a copy and send it in a way you can prove, such as certified mail with a return receipt.

Your letter is made in your browser. Nothing you type is sent to us or anyone else.

The name on your lease or rent receipts.

We suggest 14 days.

One or two sentences. This text goes into the letter as written.

Small claims court in Delaware

Deposit disputes usually go to small claims court, where you don't need a lawyer. Limit: The Justice of the Peace Court can award up to $25,000.

How to file in Delaware

Questions about security deposits in Delaware

How much can a landlord charge for a security deposit in Delaware?

One month's rent if the lease is for 1 year or more, or for a month-to-month tenancy that has lasted 1 year or more (the landlord must then credit back anything over one month). No cap for shorter leases or furnished units. A separate pet deposit is allowed, up to one month's rent (none for a certified support animal).

How long does a landlord have to return a security deposit in Delaware?

Within 20 days after the lease ends, the landlord must return the deposit, or send an itemized list of damages with estimated repair costs and pay you the difference. Notices and refunds go to the address in the lease or a forwarding address you give in writing at or before move-out. If the lease makes returning keys a condition of getting the deposit back, it must set out a clear key-return procedure; if the last day falls on a weekend or holiday you can return keys the next business day or leave them in a secure drop box with written notice (§ 5125).

What can I do if my landlord won't return my deposit in Delaware?

Double the amount wrongfully withheld. If the landlord forfeited the deposit (wrong account or would not disclose it) and does not return it within 20 days, double the deposit. If you gave no forwarding address, you lose the double-damages claim but can still claim the unused deposit in writing within 1 year.

What can a landlord deduct from a security deposit in Delaware?

Actual damage you caused beyond normal wear and tear (or that painting and ordinary cleaning cannot fix); unpaid rent including late charges and rent due if you left early; and reasonable re-renting costs if you ended the lease early (capped at one month's rent if you ended it under § 5314, for example job relocation or domestic violence). Application fees are capped at the greater of 10% of monthly rent or $50 (double damages if overcharged; § 5514(d)).

Does a landlord have to pay interest on a security deposit in Delaware?

No. The statute does not require interest.

What is the small claims limit in Delaware?

The Justice of the Peace Court can award up to $25,000.

More for Delaware renters

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Sources

Last checked: Oct 2026.