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Delaware · DE · updated 2026

In Delaware, a landlord must return a security deposit within 20 calendar days

Quick answer

A Delaware landlord has 20 calendar days after the lease ends to return your deposit or send an itemized list of deductions. Miss it in bad faith and the landlord can end up owing you more than the deposit itself.

Under Delaware security deposit law, a Delaware landlord has 20 calendar days to return your security deposit, counted from when the lease ends. By statute, the deposit is capped at 1 month's rent. If the landlord misses the deadline or keeps money you are owed, you can push back in writing and, if needed, in small claims court.

Return deadline
20 calendar days
Deadline counted from
the lease ends
Itemized statement
Required
Move-in condition list
Not required by statute
Maximum deposit
1 month's rent
Interest on deposit
Not required

Calculate your exact Delaware deadline

Enter your move-out date to see the exact calendar date the deadline lands on. It runs on your device, so nothing you type is uploaded.

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Pick your state and move-out date. We'll show the statutory deadline, the statute it comes from, and what a missed deadline means.

What a Delaware landlord can deduct

  • Unpaid rent and unpaid utilities you owe under the lease
  • Repair of damage beyond ordinary wear and tear (not normal aging, fading, or minor marks)
  • An itemized written statement of every deduction (Delaware requires it, so ask for it in writing)

If the landlord withholds in bad faith

Failure to remit the deposit or balance within 20 days entitles the tenant to double the amount wrongfully withheld.

How to get your deposit back in Delaware

  1. Document the unit's condition at move-out with dated photos of every room (a move-in / move-out checklist keeps it organized).
  2. Confirm your exact return deadline with the deadline calculator.
  3. If the deadline passes, send a written demand letter citing the statute and the amount owed.
  4. If it is still ignored, you can file in small claims court.

Common Delaware deposit disputes

The deadline passed and you have heard nothing
Send a written demand letter citing the statute and the amount owed. Keep proof you sent it.
You got money back but disagree with the deductions
Delaware requires an itemized statement, so ask for it in writing first, then dispute anything charged as ordinary wear and tear.
You are still deciding whether the case is worth it
Confirm the exact deadline below, gather your dated move-out photos, and read the penalty your state allows before you commit.

Frequently asked

How long does a landlord have to return a security deposit in Delaware?
In Delaware, a landlord must return a security deposit within 20 calendar days.
How much can a landlord charge for a security deposit in Delaware?
Delaware caps the security deposit at 1 month's rent.
Can my Delaware landlord keep my deposit for cleaning or normal wear?
Deductions are generally limited to unpaid rent and damage beyond ordinary wear and tear. Delaware requires the landlord to give an itemized statement of deductions.
Does a Delaware landlord have to pay interest on my deposit?
No. Delaware does not require the landlord to pay interest on the security deposit.
What if my Delaware landlord wrongfully keeps my deposit?
Failure to remit the deposit or balance within 20 days entitles the tenant to double the amount wrongfully withheld.

1-month cap applies only to rental agreements of 1 year or more; no statutory cap for shorter tenancies or furnished units. No interest or move-in checklist requirement in the statute.

Check your deadlineDraft a demand letter

Security deposit law in other states

Del. Code Ann. tit. 25, § 5514 · source · verified 2026-07-10

General information, not legal advice. Statutes change and local rules vary, so check your lease and your local law, or consult a tenant attorney or legal aid.