Security deposits in Delaware
Delaware sets its own rules for security deposits under Del. Code Ann. tit. 25, § 5514. Below is what that statute requires, verified against the primary source, plus the steps to take and where to read the law yourself.
The Delaware statute
Where the landlord is not entitled to any part of the deposit it must be remitted within 20 days of the expiration or termination of the rental agreement (§ 5514(e)), and within the same 20 days the landlord must give the tenant an itemized list of damages with the estimated cost of each repair and tender the difference (§ 5514(f)). Failing either entitles the tenant to DOUBLE the amount wrongfully withheld (§ 5514(g)(1)). The deposit may not exceed 1 month’s rent where the rental agreement runs for 1 year or more (§ 5514(a)(2)), and it must be held in a designated escrow account at a federally insured institution with an office in Delaware (§ 5514(b)). Verified against primary statute text (delcode.delaware.gov) 2026-08-27.
Read the Delaware source text →How security deposit law works
Every state sets its own rules for security deposits — how much a landlord can collect, where the money must be held, what it can be spent on, and the deadline for returning it after you move out. Missing that deadline, or making deductions the statute doesn’t allow, often exposes the landlord to penalties that can multiply what they owe you.
Read the full security deposit law guide →
What to do in Delaware, in order
- In Delaware: document the unit on move-out day: video every room, appliance, and wall.
- Send your forwarding address in writing — several statutes start or extend the clock from this.
- Count the days. If the statutory deadline passes with no deposit and no itemized statement, send a demand letter citing the statute below.
- If the landlord still doesn’t pay, small claims court handles deposit cases cheaply and quickly — and statutory penalties often apply.
Common questions about security deposits in Delaware
What counts as normal wear and tear in Delaware?
Deterioration from ordinary living: faded paint, minor scuffs, carpet worn by foot traffic, small nail holes. Damage — stains, burns, broken fixtures, holes in walls — is deductible. The line is drawn by state case law, but "would this happen to any careful tenant over the same period?" is the test courts effectively apply.
Can my landlord keep the deposit for cleaning in Delaware?
Only to return the unit to the cleanliness it had at move-in, and in many states only if the lease says so. Routine turnover cleaning between tenants is generally the landlord’s cost of doing business.
What if I never got an itemized list of deductions in Delaware?
In most states an itemized written statement within the statutory window is a condition of keeping ANY of the deposit. No list, late list, or a list without real itemization is frequently a full-refund case — sometimes with penalties.
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