Delaware Security Deposit: Your Deadline and Next Step
In Delaware, the landlord must return the deposit within 20 calendar days. The clock starts after your lease ends; the landlord must return the deposit or send an itemized list (25 Del. C. § 5514). Most states allow 30 days; Delaware is shorter.
Last checked 2026-07-14
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Details of the return rules
| When it applies | Deadline | Starts from |
|---|---|---|
| Deposit return | 20 days | from the expiration or termination of the rental agreement |
Delaware return rule: 20 calendar days. Check the dates you entered above.
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 |
The landlord says you owe more than the deposit. What now?
Answer the landlord in writing and identify each disputed charge. Choose the "My landlord says I owe more" tab above. Ask for an itemized explanation and keep your response in writing.
A debt collector's notice and a credit report dispute have separate federal rules. Check whether those situations apply to you:
A debt collector's validation notice must state that the debt is assumed valid unless you dispute it within 30 days after receiving the notice. 15 U.S.C. § 1692g(a)(3): unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector
If you dispute the debt in writing within that 30-day period, the collector must stop collecting the disputed part until it mails you verification. 15 U.S.C. § 1692g(b): If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt
If a disputed debt appears on your credit report, you can dispute it with the credit reporting agency, which must reinvestigate free of charge. 15 U.S.C. § 1681i(a)(1)(A): if the completeness or accuracy of any item of information contained in a consumer's file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller, of such dispute, the agency shall, free of charge, conduct a reasonable reinvestigation
What can a landlord deduct in Delaware?
Delaware law names a specific rule for 3 of 6 common charges (cleaning, pet damage and unpaid rent and fees). For the others, the general wear-and-tear rule applies.
| Charge | Can the landlord deduct it? | Rule | Citation |
|---|---|---|---|
| Cleaning | No | A security deposit may reimburse the landlord only for actual damages which exceed normal wear and tear, or which cannot be corrected by painting and… | 25 Del. C. § 5514(c)(1) |
| Carpet replacement | Only if the cited general rule permits the charge | General rule: normal wear and tear cannot be charged | 25 Del. C. § 5514 |
| Painting | Only if the cited general rule permits the charge | General rule: normal wear and tear cannot be charged | 25 Del. C. § 5514 |
| Nail holes and wall damage | Only if the cited general rule permits the charge | General rule: normal wear and tear cannot be charged | 25 Del. C. § 5514 |
| Pet damage | Yes | Damage caused by an animal is first deducted from any pet deposit; if that is insufficient, from the security deposit. Pet deposits are subject to… | 25 Del. C. § 5514(i) |
| Unpaid rent and fees | Yes | The deposit may pay the landlord for all rental arrearage due under the rental agreement, including late charges and rental due for premature termination or… | 25 Del. C. § 5514(c)(2) |
I never did a move-in inspection. How do I prove the condition?
Collect move-out photos, messages, witnesses, and repair invoices. Put them in date order before responding.
Where do you file if the letter does not work?
Small claims court in Delaware hears claims up to $25,000. You can ask for up to $25,000 there, or file for the full amount in Justice of the Peace Court. Check the court and fees.
The state record lists a 3-year period to sue. Check when your claim accrued before counting from it.
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 | County filing fee: $35 below $1,000; $40 from $1,000 through $5,000; $45 over $5,000, per the official JP Court fee schedule. | Yes | Official court website Court page check not recorded |
| Sussex County | Justice of the Peace Court - Civil Division, Georgetown | $25,000 | Statewide filing fee: $35 below $1,000; $40 from $1,000 through $5,000; $45 over $5,000. | Yes | Official court website Court page check not recorded |
| Kent County | Justice of the Peace Court - Civil Division, Dover | $25,000 | Statewide filing fee: $35 below $1,000; $40 from $1,000 through $5,000; $45 over $5,000. | Yes | Official court website Court page check not recorded |
See all 3 county small claims courts and filing fees
What happens if the landlord misses the deadline?
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 Keep statutory damages separate from the deposit and other actual damages.
Delaware is one of 36 states where the law sets a multiple of the deposit.
With a deposit of $1,401 (median county rent), a claim for the deposit plus the maximum penalty is $4,203; fits under the $25,000 small claims limit.
How does Delaware's deadline compare with other states?
Delaware's return deadline is 20 days. The middle of the comparable state deadlines is ≈30 days. Use the dates and questions above to see which deadline applies to you.
| State | Return rule |
|---|---|
| Delaware | 20 days |
| Rhode Island | 20 days |
| California | 21 days |
| Connecticut | 21 days |
| Idaho | 21 days |
| Minnesota | 21 days |
See all 51 jurisdictions
| State | Return rule |
|---|---|
| Montana | 10 days |
| Alaska | 14 days |
| Arizona | 14 days |
| Hawaii | 14 days |
| Kansas | 14 days |
| Nebraska | 14 days |
| New York | 14 days |
| Vermont | 14 days |
| Florida | 15 days |
| Delaware | 20 days |
| Rhode Island | 20 days |
| California | 21 days |
| Connecticut | 21 days |
| Idaho | 21 days |
| Minnesota | 21 days |
| South Dakota | 21 days |
| Wisconsin | 21 days |
| Colorado | 30 days |
| Georgia | 30 days |
| Iowa | 30 days |
| Louisiana | 30 days |
| Maine | 30 days |
| Massachusetts | 30 days |
| Michigan | 30 days |
| Missouri | 30 days |
| Nevada | 30 days |
| New Hampshire | 30 days |
| New Jersey | 30 days |
| New Mexico | 30 days |
| North Carolina | 30 days |
| North Dakota | 30 days |
| Ohio | 30 days |
| Pennsylvania | 30 days |
| South Carolina | 30 days |
| Texas | 30 days |
| Utah | 30 days |
| Washington | 30 days |
| Wyoming | 30 days |
| Oregon | 31 days |
| District of Columbia | 45 days |
| Illinois | 45 days |
| Indiana | 45 days |
| Maryland | 45 days |
| Mississippi | 45 days |
| Oklahoma | 45 days |
| Virginia | 45 days |
| Alabama | 60 days |
| Arkansas | 60 days |
| West Virginia | 60 days |
| Kentucky | No fixed return deadline |
| Tennessee | No fixed return deadline |
Source: state statute records · checked 2026-07-14 · n=48 fixed rules among 51 jurisdictions · method: first listed return deadline; calendar months plotted as ≈30 days · computed, not measured · release 5c9b10e6dffc94d70cee7a2f28ed0379eb3ce9d6
FAQ
How do I confirm the Delaware deadline?
Use the questions above to match your dates to 25 Del. C. § 5514, and keep proof of each date.
What is the small claims limit in Delaware?
See the applicable court limits and jurisdictions in the state court guide. Delaware court guide
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
What's next?
What to do if there is no response · How to send your letter · How to write a demand letter
Statute text, sources and changes
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
Sources
- https://delcode.delaware.gov/title25/c055/index.html · accessed 2026-07-14
- https://www.lscd.com/page/34/security-deposit-return-request · accessed 2026-07-14
- https://courts.delaware.gov/jpcourt/jpcivil.aspx · accessed 2026-07-14
Changes
- : Record verified against the cited statute.
Verified 2026-07-14 · release 5c9b10e6dffc94d70cee7a2f28ed0379eb3ce9d6