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Delaware security deposit: 20 days to get it back

Within 20 days after the rental agreement ends or expires, the landlord must remit any deposit the landlord isn't entitled to keep and give the tenant an itemized list of damages with estimated repair costs. Missing the 20 days is treated as the landlord acknowledging that no payment for damages is due.

What the law requires

Itemized statement: The landlord must list the damage and the estimated repair cost for each item, and pay the difference between the deposit and those costs. If the tenant accepts a payment sent with the list, that counts as agreeing to the damages unless the tenant objects in writing within 10 days of receiving it.
Forwarding address: Notices and the refund go to the tenant's address in the lease or a forwarding address given in writing at or before termination. If the tenant gives no address, the landlord is excused from giving notice and from double-damages liability but still owes any unused deposit. The tenant must make a written claim within 1 year.
If the landlord breaks the rules: Failing to remit the deposit, or the difference after the damages list, within 20 days entitles the tenant to double the amount wrongfully withheld. The statute does not require willfulness and does not mention attorney fees.
Loss of the right to deduct: If the landlord doesn't disclose where the deposit is held within 20 days of a written request, or doesn't keep it in a federally insured in-state institution, the deposit is forfeited to the tenant, with double damages if not returned within 20 days. Failing to send the damages list within 20 days is treated as an acknowledgment that no damages are owed.
Deposit cap: One month's rent for leases of one year or more. For month-to-month or undefined-term tenancies, one month once the tenancy has lasted a year (excess must be credited back). No limit applies to furnished units, and federally assisted housing follows federal rules. Pet deposits are covered separately.
Small claims limit: $25,000 in Justice of the Peace Court (civil)
Statute: 25 Del. C. § 5514

If your landlord misses the deadline

Write down your dates and gather proof: move-out date, the date you gave your forwarding address, the deposit amount, and anything the landlord sent. Photos and receipts help.
Send a written demand by certified mail, keep the receipt, and cite 25 Del. C. § 5514. Give a date to respond.
If you still aren't paid, file in Justice of the Peace Court (civil). Deposit claims up to $25,000 can be filed there, usually without a lawyer. Check the court's website for current filing fees and forms.

What a Delaware demand letter looks like

Re: Demand for return of security deposit / Rental address: [Street address, unit, city, state ZIP]

Dear [Landlord name]:

I rented the property above from you under a lease that began on [lease start date]. I paid a security deposit of $[deposit amount] on [date paid]. I moved out and returned possession on [move-out date].

My forwarding address is [forwarding address]. Please send my deposit and any required statement to that address.

[A.] I have not received my deposit or an itemized statement of deductions. Under 25 Del. C. § 5514, a landlord must return a tenant's security deposit, or send an itemized statement of any deductions, within 20 days after the tenant moves out. That deadline passed on [deadline date].

Preview of the first part of letter one. Yellow marks the parts you fill in.

Common questions

How long does a landlord in Delaware have to return a security deposit?

What happens if a Delaware landlord keeps the deposit wrongfully?

Failing to remit the deposit, or the difference after the damages list, within 20 days entitles the tenant to double the amount wrongfully withheld. The statute does not require willfulness and does not mention attorney fees. If the landlord doesn't disclose where the deposit is held within 20 days of a written request, or doesn't keep it in a federally insured in-state institution, the deposit is forfeited to the tenant, with double damages if not returned within 20 days. Failing to send the damages list within 20 days is treated as an acknowledgment that no damages are owed.

Do I have to give my Delaware landlord a forwarding address?

Notices and the refund go to the tenant's address in the lease or a forwarding address given in writing at or before termination. If the tenant gives no address, the landlord is excused from giving notice and from double-damages liability but still owes any unused deposit. The tenant must make a written claim within 1 year.

Where do I sue for my deposit in Delaware?

Deposit claims up to $25,000 can be filed in Justice of the Peace Court (civil). Check the court's website for current filing fees and forms.

Other states

Rules reviewed October 2026. Laws change, so confirm with the statute before you rely on this page.