Delaware security deposit law

What your landlord is legally required to do after you move out, how long they have, and what it costs them if they get it wrong.

The deadline

Under 25 Del. C. § 5514, a landlord in Delaware must return your security deposit — together with any required written itemization of deductions — within 20 days. Once that window closes without payment or a proper itemization, the landlord is in violation of the statute.

A landlord who fails to hold the deposit in a Delaware federally-insured institution, or fails to disclose the account within 20 days of written request, forfeits the entire deposit.

What it costs your landlord

Under 25 Del. C. § 5514, a landlord who wrongfully withholds a deposit in Delaware may be liable for double the amount wrongfully withheld. That exposure is the reason a formal demand letter works: it is usually cheaper for a landlord to pay you than to argue about it.

What your landlord may deduct in Delaware

Unpaid rent and damage to the premises exceeding normal wear and tear — and, specifically, damage that cannot be corrected by painting and ordinary cleaning.

25 Del. C. § 5514

Ordinary wear and tear

Delaware sets a two-part test: the damage must exceed normal wear and tear AND be beyond what painting and ordinary cleaning would fix.

“damage to the premises… exceeding normal wear and tear… which cannot be corrected by painting and ordinary cleaning”

What a compliant itemization has to contain

An itemized list of damages and the estimated cost of repair, within 20 days of termination.

Read it yourself: 25 Del. C. § 5514

How to get your deposit back in Delaware

1. 1. Confirm the deadline has passed. Count from the day you moved out and returned possession. In Delaware that's 20 days.
2. 2. Put your forwarding address in writing. In several states a landlord has no obligation until they have it, and having sent it protects your claim.
3. 3. Gather your evidence. The lease, proof you paid the deposit, move-in and move-out photos, and any itemization they sent.
4. 4. Send a written demand by certified mail. Cite 25 Del. C. § 5514, state the amount owed, and give a deadline to pay. Certified mail creates the delivery record a judge will want to see.
5. 5. File in small claims if they ignore you. You don't need a lawyer. File in the county where the property is located.

Common questions

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

Under 25 Del. C. § 5514, a Delaware landlord has 20 days to return the deposit and provide any required written itemization of deductions.

What is the penalty if my landlord keeps my deposit in Delaware?

Under 25 Del. C. § 5514, a landlord who wrongfully withholds may be liable for double the amount wrongfully withheld.

Do I have to sue to get my security deposit back?

Often not. A formal written demand sent by certified mail puts your landlord on notice of the statute, the deadline they missed and the penalty attached to it — and gives you a dated record that they received it. Small claims court is the fallback if they ignore it.