Delaware Security Deposit Law: Deadlines & Penalties
Delaware landlords must return the security deposit within 20 days after the rental agreement ends or expires. If the landlord claims damages, it must send an itemized list of damages with the estimated cost of each repair, along with payment of any difference, within the same 20 days. For unfurnished units on leases of a year or more, deposits are capped at one month's rent.
A landlord who doesn't send the itemized list within 20 days is treated as acknowledging that no damages are owed. If you accept a partial refund, you have 10 days after receiving it to object in writing, or the deductions are treated as agreed. Give your forwarding address in writing at or before move-out, because that's where notices and refunds must be sent.
Failing to return the deposit or the difference within 20 days entitles the tenant to double the amount wrongfully withheld. If no forwarding address was provided, the landlord isn't liable for double, but still owes any unused deposit if the tenant asks in writing within one year. Deposit claims can be filed in the Justice of the Peace Court, which handles civil debt cases up to $25,000.
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Delaware: common questions
How long does a Delaware landlord have to return a deposit?
20 days after the rental agreement ends or expires. Within that time the landlord must either return the full deposit or send an itemized list of damages with estimated repair costs and pay you the difference.
What if my Delaware landlord never sent an itemized list?
Under the statute, failing to provide the itemized list within 20 days counts as an acknowledgment by the landlord that no payment for damages is due. That means the landlord should return the full deposit.
What is the penalty for wrongfully keeping a deposit in Delaware?
A tenant is entitled to double the amount wrongfully withheld when the landlord misses the 20-day deadline. This depends on you having given a forwarding address in writing at or before the end of the lease.
Where do I file a Delaware deposit claim?
Delaware's Justice of the Peace Court hears civil debt cases up to $25,000, which covers nearly any deposit dispute, including a claim for double damages. Bring your lease, photos, any list you received and this letter.
Compare nearby states
| State | Return deadline | Itemized list | Small claims limit |
|---|---|---|---|
| Delaware | 20 days | Required | $25,000 (Justice of the Peace Court) |
| Maryland | 45 days | Required | $5,000 |
| New Jersey | 30 days | Required | $5,000 |
| Pennsylvania | 30 days | Required | $12,000 (magisterial district court) |
| Alabama | 60 days | Required | $6,000 |
| Alaska | See statute | Required | $10,000 |
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