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Delaware security deposit law
Short answer: A Delaware landlord has 20 days after the lease ends to return the deposit, or to send an itemized list of damages with repair estimates plus the difference. Deposits are capped at one month's rent for leases of a year or more.
| Deadline to return the deposit | 20 days after the rental agreement ends. |
|---|---|
| Limit on how much a landlord can charge | One month's rent for leases of one year or more, and for month-to-month tenancies once they've lasted a year (the landlord must credit back any excess). The limits don't apply to furnished units. Pet deposits are capped separately at one month's rent. |
| Itemized list of deductions | Yes. An itemized list of damages with the estimated repair cost for each, sent with payment of the difference. |
| Interest on the deposit | Not required by state law. |
| Penalty if the landlord breaks the rules | A landlord who misses the 20 days owes double the amount wrongfully withheld. Skipping the itemized list counts as admitting no damages are owed. A landlord who doesn't use a proper Delaware bank account, or won't say where it is within 20 days of a written request, forfeits the deposit. |
| What the tenant has to do | Give a forwarding address in writing at or before move-out. If you accept a payment that came with an itemized list, object in writing within 10 days or you're treated as agreeing. |
| The law | Delaware Code Title 25, Section 5514 |
Official law: Delaware Code Title 25, Section 5514. Checked against the statute on 2026-11-04.
Good to know
- Deductions are limited to damage beyond normal wear and tear that painting and ordinary cleaning can't fix, unpaid rent and late charges, and reasonable re-renting costs after an early move-out.
- The deposit must be held in a separate escrow account at a federally insured bank with a Delaware office, and the tenant must be told where.
- Application fees are capped at the greater of 10% of a month's rent or $50.
Tips for landlords
- Do a written move-in inspection and have the tenant sign it. Take dated photos of every room, including inside appliances and closets.
- Collect the tenant's forwarding address in writing at move-out.
- Put the itemized list and the refund in the mail well before the deadline, and keep proof of mailing.
- Normal wear and tear (faded paint, light carpet wear, small nail holes) usually can't be charged. Damage beyond that can.
Tips for tenants
- Take your own dated photos and video on move-in day and move-out day.
- Give your landlord your forwarding address in writing, and keep a copy.
- If the deadline passes, send a written demand letter that cites the law above before going to small claims court.
Common questions
How long does a landlord have to return a security deposit in Delaware?
20 days after the rental agreement ends.
Is there a limit on security deposits in Delaware?
One month's rent for leases of one year or more, and for month-to-month tenancies once they've lasted a year (the landlord must credit back any excess). The limits don't apply to furnished units. Pet deposits are capped separately at one month's rent.
Does a landlord in Delaware have to itemize deductions?
Yes. An itemized list of damages with the estimated repair cost for each, sent with payment of the difference.