Delaware Security Deposit Laws
Delaware security deposit limit: 1 month's rent for leases of one year or more (plus a pet deposit). The landlord must return the deposit, minus lawful deductions, within this deadline: 20 days. Landlords cannot deduct for normal wear and tear, and tenants can usually sue in small claims court if a deposit is wrongly withheld.
Renting in Delaware? These are the state rules on security deposit limits and return deadlines.
At a glance
| Question | Answer |
|---|---|
| Maximum deposit | 1 month's rent for leases of one year or more (plus a pet deposit) |
| Return deadline | 20 days |
| Statute | Del. Code tit. 25, § 5514 |
What landlords can deduct
- Unpaid rent
- Damage beyond normal wear and tear
- Cleaning to return the unit to move-in condition, where the law or lease allows it
- Other charges the lease and state law permit
Normal wear and tear, such as minor scuffs, faded paint or carpet worn by ordinary use, generally cannot be deducted. Many states require landlords to give an itemized list of deductions with any remaining deposit.
How to protect your deposit
- Document the unit at move-in and move-out with dated photos; the rental move-in and move-out checklist helps.
- Give proper written notice before moving out and return all keys.
- Give the landlord a forwarding address in writing.
- If the deadline passes, send a written demand, then consider small claims court; see the Delaware small claims court limit.
More: how to get your security deposit back and what a landlord cannot do. Local ordinances in some cities add stricter deposit rules, such as interest payments. For a dispute, a real estate lawyer or local tenant organization can help.
Sources
This page summarizes state law for general information and is not legal advice. Laws change and courts interpret them; check the current statute or official source, or talk to a licensed attorney in your state about your situation.
Related questions
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Security deposit laws in other states
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming