Delaware Security Deposit Demand Letter (25 Del. C. § 5514)
Moved out and still waiting on your deposit? A clear, written demand is usually the first step — and often the last one needed. Answer the questions below and your letter fills itself in as you type.
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[Your forwarding address]
October 15, 2026
[Landlord or property manager name]
Re: Demand for return of security deposit — [Rental address]
Dear [Landlord or property manager name],
I was a tenant at [Rental address] and moved out on [Move-out date]. At the start of my tenancy I paid a security deposit of [Deposit amount ($)]. So far none of my deposit has been returned, and I have not received an itemized statement of deductions.
Under Delaware Code Title 25, § 5514, a landlord must return the security deposit, or provide an itemized list of damages with estimated repair costs and pay the difference, within 20 days after the rental agreement ends or expires. That period has now passed.
Please send [Deposit amount ($)] to me at the forwarding address above within 14 days of the date of this letter. If you believe you are entitled to keep any part of the deposit, please send a written, itemized statement of each deduction, with copies of receipts or invoices.
If I have not received the deposit or a proper itemized statement by October 29, 2026, I intend to file a claim in small claims court, where I may ask for double the amount wrongfully withheld.
I would prefer to resolve this without going to court, and I am keeping a copy of this letter and proof of mailing for my records.
Sincerely,
[Your full name]
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How security deposits work in Delaware
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.
What to do, step by step
Fill in your details
Answer the questions above. Your letter updates live as you type, so you can check every detail before you send it.
Send it in a way you can prove
Mail the letter by certified mail with return receipt and keep the receipt. If your lease lists an email address for notices, send a copy there too.
Wait for a reply
Give your landlord the 14 days stated in the letter. For reference, Delaware's own deadline under 25 Del. C. § 5514 is 20 days after move-out.
Gather your evidence
Collect your lease, move-in and move-out photos, any inspection checklist, rent receipts and every message about the deposit.
File in small claims if needed
If the deposit still doesn't come back, you can file in small claims court (Delaware limit: $25,000 (Justice of the Peace Court)). Bring this letter and your proof of mailing.
What if the landlord ignores the letter?
Silence doesn't end the matter. Your letter creates a dated record that you asked for the deposit back and gave a reasonable deadline — exactly what a small claims judge will want to see.
In Delaware, the rules are set out in Delaware Code Title 25, § 5514. If a landlord keeps a deposit without following them, a court may award double the amount wrongfully withheld.
Small claims court is designed for people representing themselves: filing fees are modest, forms are short, and hearings are informal. In Delaware the limit is $25,000 (Justice of the Peace Court), which covers nearly every deposit dispute.
Example Delaware security deposit demand letter
A filled-in sample with made-up details, so you can see the finished result.
Jordan Rivera
88 Pine Ave, Springfield
October 5, 2026
Oakview Property Management
500 Market St, Suite 200, Springfield
Re: Demand for return of security deposit — 123 Elm St, Apt 4B, Springfield
Dear Oakview Property Management,
I was a tenant at 123 Elm St, Apt 4B, Springfield and moved out on August 31, 2026. At the start of my tenancy I paid a security deposit of $1,800.00. So far you have returned $300.00, leaving $1,500.00 outstanding.
Under Delaware Code Title 25, § 5514, a landlord must return the security deposit, or provide an itemized list of damages with estimated repair costs and pay the difference, within 20 days after the rental agreement ends or expires. That period has now passed.
I returned all keys on August 31 and took dated photos of every room, which show the unit clean and undamaged apart from normal wear and tear.
Please send $1,500.00 to me at the forwarding address above within 14 days of the date of this letter. If you believe you are entitled to keep any part of the deposit, please send a written, itemized statement of each deduction, with copies of receipts or invoices.
If I have not received the deposit or a proper itemized statement by October 19, 2026, I intend to file a claim in small claims court, where I may ask for double the amount wrongfully withheld.
I would prefer to resolve this without going to court, and I am keeping a copy of this letter and proof of mailing for my records.
Sincerely,
Jordan Rivera
Frequently asked 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.
Do I have to send a demand letter before going to small claims?
Many courts expect you to have asked for the money first, and a written demand is the simplest proof that you did. It also resolves a large share of disputes on its own.
How should I send the letter?
Use a method that gives you proof of delivery, such as certified mail with return receipt. Keep a copy of the letter and the receipt together.
FairLetter is not a law firm and does not provide legal advice. Letters are templates you customize and send yourself.