Delaware security deposit law
Source: 25 Del. C. § 5514 (and § 5514A for surety bonds) · Checked against the statute
- Maximum deposit
- One month's rent for leases of one year or more, and for month-to-month or open-ended tenancies once they have lasted a year (excess must be credited back). No limit for furnished units. A separate pet deposit of up to one month's rent is allowed (none for a certified support animal).
- Return deadline
- 20 days after the tenancy terminates
- If the landlord keeps it wrongly
- Failing to return the deposit or balance within 20 days entitles the tenant to double the amount wrongfully withheld. Not disclosing the account location within 20 days of a written request, or not using a proper bank, forfeits the deposit.
Calculate your Delaware deadline
Choose your state and move-out date to see when your landlord must return the deposit.
When the deposit must be returned
- Within 20 days after the lease ends or terminates, return the deposit, or send an itemized list of damages with repair cost estimates and pay the difference.
The refund goes to an address in the lease or a written forwarding address given at or before move-out. If the tenant gives none, the landlord isn't liable for double damages, but still owes any unused deposit if the tenant claims it in writing within one year.
Itemized list of deductions
Required: Yes. Itemized list of damages and the estimated repair cost for each. Missing it is treated as the landlord's admission that no damages are owed. A tenant who accepts the payment agrees to the deductions unless they object in writing within 10 days.
What can and can't be deducted
The deposit covers actual damage by the tenant that exceeds normal wear and tear or can't be fixed by painting and ordinary cleaning.
Nonrefundable fees
Application fees are capped at the greater of 10% of monthly rent or $50. A surety bond bought instead of a deposit is generally nonrefundable.
Interest, bank account and move-in inspection
- Interest required: No. No statewide interest requirement.
- Separate account required: Yes. Deposits go in a designated security deposit escrow account at a federally insured bank with a Delaware office, not used in the landlord's business. The landlord must disclose where it is held.
- Move-in inspection required: No. § 5514 does not require a move-in inspection.
Penalties and bad faith
Failing to return the deposit or balance within 20 days entitles the tenant to double the amount wrongfully withheld. Not disclosing the account location within 20 days of a written request, or not using a proper bank, forfeits the deposit.
No bad-faith test; the double penalty is triggered by missing the 20-day deadline.
Getting your deposit back in court
Justice of the Peace Court civil cases up to $25,000. Court information
Before filing, many tenants send a written demand first. Write a Delaware demand letter →
Also good to know
- The deposit can also cover unpaid rent, late charges, and reasonable re-renting costs after early termination (capped at one month's rent for terminations under § 5314).
- If the lease allows, the deposit may rise with the rent; increases over 10% of monthly rent must be spread out.
Sources
- 25 Del. C. §§ 5514, 5514A Retrieved October 11, 2026.
- Delaware Justice of the Peace Court – Jurisdiction Retrieved October 11, 2026.
Laws change. This page was checked against the sources above on October 11, 2026. It is legal information, not legal advice; see our methodology.