Delaware Security Deposit Demand Letter
Direct answer
In Delaware, the landlord must return the deposit within 20 calendar days. The deadline is measured from this trigger: From the expiration or termination of the rental agreement. The verified state formula is failure to remit deposit or difference with itemized damage list within 20 days: tenant entitled to double the amount wrongfully withheld; also, failure to disclose escrow location within 20 days of written request or failure to deposit in required in-state federally insured institution constitutes forfeiture of the deposit to the tenant, and failure to return full deposit within 20 days of that forfeiture also yields double the deposit under 25 Del. C. § 5514.
Key facts
| Deadline | 20 calendar days |
|---|---|
| Deadline trigger | from the expiration or termination of the rental agreement |
| Penalty formula | failure to remit deposit or difference with itemized damage list within 20 days: tenant entitled to double the amount wrongfully withheld; also, failure to disclose escrow location within 20 days of written request or failure to deposit in required in-state federally insured institution constitutes forfeiture of the deposit to the tenant, and failure to return full deposit within 20 days of that forfeiture also yields double the deposit |
| Bad faith required | No |
| Itemization required | Yes |
| Interest on deposit | No |
| Maximum deposit | Not more than 1 month's rent where the rental agreement is for 1 year or more; for an agreement with no fixed term or a month-to-month agreement, after the tenancy has lasted 1 year or more, excess over 1 month's rent (including a surety-bond combination excess) must be returned as a credit immediately. The cap does not apply to furnished rental units. A separate pet deposit may not exceed 1 month's rent. |
| Forwarding address required | Yes |
| Small claims limit | $25,000 (Justice of the Peace Court) in Justice of the Peace Court |
| Statute citation | 25 Del. C. § 5514 |
Statute says
If the landlord is not entitled to all or any portion of the security deposit, the landlord shall remit the security deposit within 20 days of the expiration or termination of the rental agreement. Within 20 days after the termination or expiration of any rental agreement, the landlord shall provide the tenant with an itemized list of damages to the premises and the estimated costs of repair for each and shall tender payment for the difference between the security deposit and such costs of repair of damage to the premises. Failure to remit the security deposit or the difference between the security deposit and the amount set forth in the list of damages within 20 days from the expiration or termination of the rental agreement shall entitle the tenant to double the amount wrongfully withheld.
What this means
Read the deadline, trigger, and penalty together before sending a letter. Match the dates in your documents to the trigger listed above, then cite 25 Del. C. § 5514 and request the deposit amount supported by your records.
Worked example
Use your actual deposit amount when you write the letter. For context, median rent in Delaware is $1,401 according to U.S. Census Bureau QuickFacts, American Community Survey 2020-2024 5-Year Estimates data as of .
- New Castle County: $1,448
- Kent County: $1,354
- Sussex County: $1,238
- Wilmington: $1,224
Example demand basis: a deposit equal to the state median rent starts at $1,401 before applying the state formula: failure to remit deposit or difference with itemized damage list within 20 days: tenant entitled to double the amount wrongfully withheld; also, failure to disclose escrow location within 20 days of written request or failure to deposit in required in-state federally insured institution constitutes forfeiture of the deposit to the tenant, and failure to return full deposit within 20 days of that forfeiture also yields double the deposit.
County small claims courts
| County | Court and city | Limit | Filing fee | E-filing | Court link |
|---|---|---|---|---|---|
| New Castle County | Justice of the Peace Court - Civil Division, Wilmington | $25,000 | $35 below $1,000; $40 from $1,000 through $5,000; $45 over $5,000, per the official JP Court fee schedule. | Yes | Court site |
| Sussex County | Justice of the Peace Court - Civil Division, Georgetown | $25,000 | $35 below $1,000; $40 from $1,000 through $5,000; $45 over $5,000. | Yes | Court site |
| Kent County | Justice of the Peace Court - Civil Division, Dover | $25,000 | $35 below $1,000; $40 from $1,000 through $5,000; $45 over $5,000. | Yes | Court site |
Free Delaware template, built from verified state data
I am requesting the return of my security deposit. The verified Delaware data for this page lists a 20 calendar days return window and cites 25 Del. C. § 5514.
Before you send
- Collect your lease, deposit receipt, and move-in records.
- Save photos, videos, and messages about move-out condition.
- Write down the move-out date you can prove.
- Confirm the forwarding address you gave the landlord.
- Send by certified mail when appropriate, and keep a copy of the final letter and delivery proof.
When this letter will NOT work
- The dispute is not about return of a security deposit.
- You need urgent court relief instead of a demand letter.
- You cannot identify the landlord or property manager to contact.
- Your documents point to a different state or a different kind of claim.
Typical mistakes
- Sending a letter before organizing the documents that prove the timeline.
- Demanding an amount that does not match the payment records.
- Leaving out the forwarding address or preferred response method.
- Mixing repair complaints into a deposit letter without separating the issues.
FAQ
Does Wilmington have its own security deposit law?
No separate city security-deposit ordinance is listed in the verified data. Check the applicable Delaware law and local rules.
Does Dover have its own security deposit law?
No separate city security-deposit ordinance is listed in the verified data. Check the applicable Delaware law and local rules.
Does Newark have its own security deposit law?
No separate city security-deposit ordinance is listed in the verified data. Check the applicable Delaware law and local rules.
Does Middletown have its own security deposit law?
No separate city security-deposit ordinance is listed in the verified data. Check the applicable Delaware law and local rules.
Can I use this if I do not know the exact deposit amount?
Use the amount shown in your lease, receipt, or move-in records. If records conflict, keep copies and avoid guessing in the letter.
Should I send evidence with the first letter?
Attach copies when they prove the basic facts, such as payment, move-out condition, forwarding address, or prior messages.
Can this page replace legal advice?
No. This page is self-help information for organizing a demand letter and checking the cited data before you act.
City data on this page currently includes Wilmington, Dover, Newark, Middletown, Smyrna, Milford, Seaford, Georgetown.
Tenant resources
- Community Legal Aid Societylegal aid
- Legal Services Corporation of Delawarelegal aid
- Delaware Courts - Landlord and Tenant Helpcourt self help
- Delaware Department of Justice - Consumer Protection Unitag consumer
- Delaware Justice of the Peace Court - Civil Casescourt self help