Getting the Deposit Back
25 Del. C. § 5514 — 1 month's rent at most on a lease of a year, an itemized list in 20 days, and double what was wrongly kept
On a rental agreement of 1 year or more, or a month to month tenancy that has lasted 1 year or more, a landlord may not require a security deposit above 1 month's rent. The limits do not apply to furnished units.
- The deposit is kept in an escrow account at a federally insured bank with an office in the State, and the landlord tells the tenant where.
- It may pay for damage beyond normal wear and tear that painting and ordinary cleaning cannot fix, and for rent owed.
- Within 20 days after the agreement ends, the landlord returns what is not owed, with an itemized list of damages and the estimated cost of each repair.
- Not sending the list in time is an acknowledgment that nothing is owed for damages.
Double, and a forwarding address. A landlord who fails to return the deposit, or the difference, within 20 days owes double the amount wrongfully withheld. The return goes to an address in the rental agreement or a forwarding address the tenant gave in writing, and a tenant who gives none relieves the landlord of the notice duty.
A pet deposit is capped at 1 month's rent, and none may be charged for a certified, trained support animal for a resident with a disability. Not disclosing the account within 20 days of a written request forfeits the deposit to the tenant.
A dispute over deductions is heard in the Justice of the Peace Court. A particular deposit is a question for a licensed Delaware attorney.
Sources for this section (1)
- 25 Del. C. § 5514 — Security deposit
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Delaware attorney.