Delaware security deposit law: deadline, deductions and penalties
Quick answer
In Delaware, a landlord has 20 days to return the security deposit or send an itemized list of deductions (Del. Code tit. 25, § 5514). Under Delaware law, a landlord who wrongfully keeps a deposit can owe up to twice the amount withheld.
Checked against the statute on October 29, 2026.
20
days for a Delaware landlord to return the deposit or itemize deductions
The deadline
Within 20 days after the lease ends, the landlord must return the deposit or give an itemized list of damages with repair estimates and pay the balance.
What the landlord must send you
An itemized list of damages and estimated repair costs, with payment of the difference.
If the landlord misses the deadline
A landlord who doesn't send the itemized list within 20 days is treated as acknowledging that no payment for damages is due (Del. Code tit. 25, § 5514(f)).
Penalty for wrongful withholding
A landlord who fails to pay the deposit or balance within 20 days owes the tenant double the amount wrongfully withheld (Del. Code tit. 25, § 5514(g)).
Read the law
Summary checked against the statute on October 29, 2026. Not legal advice; laws change, so confirm with the source before relying on it.
Delaware security deposit FAQ
How long does a landlord have to return a security deposit in Delaware?
Within 20 days after the lease ends, the landlord must return the deposit or give an itemized list of damages with repair estimates and pay the balance.
What must a Delaware landlord send when keeping part of the deposit?
An itemized list of damages and estimated repair costs, with payment of the difference.
What happens if a Delaware landlord misses the deadline?
A landlord who doesn't send the itemized list within 20 days is treated as acknowledging that no payment for damages is due (Del. Code tit. 25, § 5514(f)).
What is the penalty for wrongfully keeping a security deposit in Delaware?
A landlord who fails to pay the deposit or balance within 20 days owes the tenant double the amount wrongfully withheld (Del. Code tit. 25, § 5514(g)).
How do I get my security deposit back in Delaware?
Give your landlord a forwarding address in writing, wait for the 20 days deadline, then send a demand letter by certified mail that cites Del. Code tit. 25, § 5514 and sets a payment date. If the landlord still doesn't pay, you can file in small claims court in the county where the rental is located.
Related guides
- How to get your security deposit back from a landlord
- Security deposit demand letter: what to include and how to send it
- Normal wear and tear vs. damage: what a landlord can deduct
- Suing a landlord in small claims court for a security deposit
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