Delaware Security Deposit Law at a Glance
Governing Statute
Del. Code tit. 25, §5514 — Security Deposits
Return Deadline
Your landlord must return your deposit or provide an itemized statement within 20 calendar days after termination of tenancy.
Penalty for Non-Return
If your landlord fails to return your deposit or provide an itemized statement within 20 calendar days, you may be entitled to double the amount wrongfully withheld plus court costs under Del. Code tit. 25, §5514(g).
Key Facts
- Maximum deposit: 1 month rent (for leases of 1+ year); no limit for month-to-month
- Itemization required: Within 20 calendar days
- Small claims limit: $25,000
- Interest on deposit: Landlord must hold deposit in escrow and pay interest if held more than 1 year
Additional Protections
- Deposit must be held in federally insured escrow account
- Tenant must be notified of location of deposit
What Your Delaware Demand Letter Includes
Every letter is built from Delaware's actual statute — not a generic template.
Exact Statute Citation
Del. Code tit. 25, §5514 cited by section number. Your landlord sees you know the law.
Calculated Deadline
20 calendar days from your move-out date, computed automatically from your specific dates.
Penalty Warning
double the amount wrongfully withheld plus court costs — cited so your landlord knows the cost of non-compliance.
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Delaware Security Deposit FAQ
How long does my landlord have to return my security deposit in Delaware?
Under Del. Code tit. 25, §5514, your landlord has 20 calendar days after termination of tenancy to return your security deposit or provide an itemized statement of deductions.
What happens if my Delaware landlord doesn't return my deposit on time?
If your landlord fails to return your deposit within the legal deadline, you may be entitled to double the amount wrongfully withheld plus court costs under Del. Code tit. 25, §5514(g). You can pursue this in small claims court.
What is the maximum security deposit a landlord can charge in Delaware?
Under Del. Code tit. 25, §5514(a), the maximum security deposit in Delaware is 1 month rent (for leases of 1+ year); no limit for month-to-month.
Does my Delaware landlord have to itemize deductions from my deposit?
Yes. Delaware law requires landlords to provide an itemized list of deductions within 20 calendar days of move-out.
Can I sue my landlord in small claims court in Delaware?
Yes. Delaware small claims court handles cases up to $25,000. Security deposit disputes are one of the most common small claims cases.
Do I need a lawyer to send a security deposit demand letter in Delaware?
No. A demand letter is a formal written request, not a lawsuit. You can send one yourself. Our tool generates a Delaware-specific demand letter citing Del. Code tit. 25, §5514 so your landlord knows you understand your rights.
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