Delaware Security Deposit Deductions
In Delaware, deposit deductions are limited to the uses in the supplied statute. The landlord must give an itemized statement within 20 days. The record does not include a statutory definition of wear and tear. Ordinary wear is not a lawful charge. The table lists each supplied item rule and citation.
Wear and tear in this record
The supplied Delaware record does not include a statutory definition of wear and tear. Normal wear and tear is the expected aging of a rental from ordinary living, such as faded paint or carpet worn from walking. Damage is harm beyond that ordinary use, such as a large stain, a burn, or a hole. A landlord can usually charge for tenant-caused damage. A landlord cannot charge for ordinary wear.
Item rules
| Item | Allowed | Rule |
|---|---|---|
| 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 ordinary cleaning. Ordinary cleaning therefore is not a permitted deduction. (25 Del. C. § 5514(c)(1)) |
| Carpet replacement | Not stated | No item-specific rule; the general standard applies. No rule specific to this item. A deduction is lawful only for damage beyond normal wear and tear, or for amounts the deposit statute allows (25 Del. C. § 5514). (25 Del. C. § 5514) |
| Painting | Not stated | No item-specific rule; the general standard applies. No rule specific to this item. A deduction is lawful only for damage beyond normal wear and tear, or for amounts the deposit statute allows (25 Del. C. § 5514). (25 Del. C. § 5514) |
| Nail holes and wall damage | Not stated | No item-specific rule; the general standard applies. No rule specific to this item. A deduction is lawful only for damage beyond normal wear and tear, or for amounts the deposit statute allows (25 Del. C. § 5514). (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 the same itemization and 20-day rules. A pet deposit may not exceed one month’s rent. (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 abandonment. (25 Del. C. § 5514(c)(2)) |
Itemization duty
| Itemization required | Yes |
|---|---|
| Deadline | 20 days |
| Receipts required | No |
| Rule | Within 20 days after termination or expiration, the landlord shall provide an itemized list of damages to the premises and the estimated costs of repair for each and tender payment for the difference. Failure constitutes an acknowledgment that no payment for damages is due. Estimated costs, not receipts, are required. Tenant’s acceptance without written objection within 10 days constitutes agreement. |
| Citation | 25 Del. C. § 5514(e) - (f) |
Burden of proof
Failure to remit the deposit or the difference within 20 days entitles the tenant to double the amount wrongfully withheld. 25 Del. C. § 5514(g)(1). No other burden-of-proof sentence.
Statute says
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
What this means
Source accessed: .
If it was deducted anyway
Use the Delaware demand letter page to ask for the itemized statement and the return of any amount that bills ordinary wear. Cite only a rule listed on this page.
Free Delaware template, built from verified state data
I rented [rental property address] from [lease start date] to [move-out date]. I paid a security deposit of $[amount]. I returned the keys on [date] and gave you my forwarding address in writing on [date]. Under Delaware law (25 Del. C. § 5514), a landlord must return the deposit or send a written, itemized list of deductions within 20 calendar days from the expiration or termination of the rental agreement.
FAQ
What security deposit deductions are allowed in Delaware?
Only the uses in the supplied Delaware record. The table on this page lists each item with its rule and citation. A general wear-and-tear row is not an item-specific statute.
Does a Delaware landlord have to itemize deductions?
Yes. Within 20 days after termination or expiration, the landlord shall provide an itemized list of damages to the premises and the estimated costs of repair for each and tender payment for the difference. Failure constitutes an acknowledgment that no payment for damages is due. Estimated costs, not receipts, are required. Tenant’s acceptance without written objection within 10 days constitutes agreement.
Who has the burden of proof for a Delaware deduction?
Failure to remit the deposit or the difference within 20 days entitles the tenant to double the amount wrongfully withheld. 25 Del. C. § 5514(g)(1). No other burden-of-proof sentence.