Delaware Security Deposit Law: How Many Days and What to Do
In Delaware, a landlord has 20 calendar days to return a security deposit. 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 |
| Statute citation | 25 Del. C. § 5514 |
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
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 The statutory amount depends on the facts and any conditions in 25 Del. C. § 5514; it is separate from the deposit owed.
Delaware is one of 36 states where the law sets a multiple of the deposit.
| Rule | States | Share |
|---|---|---|
| The law sets a multiple of the deposit ← Delaware | 36 | 71% |
| The law names another remedy (forfeiture, fees, damages) | 10 | 20% |
| Read the cited remedy; no multiple is set | 5 | 10% |
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.
Source: 25 Del. C. § 5514 · checked 2026-07-14 · n=51 · method: computed from state records · computed, not measured · release 5c9b10e6dffc94d70cee7a2f28ed0379eb3ce9d6
What do you have to do before you can claim the penalty?
Send the required information to start the clock.
- Give a forwarding address in writing at or before termination; without it the double-damages remedy is lost. 25 Del. C. § 5514
Does the deadline move if it falls on a weekend or holiday?
Delaware's general rule for counting legal time periods says: ... so computed shall be included, unless it is a Saturday, Sunday or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday or a legal holiday.
(25 Del. C. § 5112). Whether a court applies it to a landlord's deposit deadline depends on the case, so this page does not move the deadline for you.
To be safe: if the last day falls on a weekend or holiday, treat the deadline as passed only after the next business day. Example: October 10, 2026 is a Saturday, so wait until October 12, 2026 before saying the deadline has passed.
What Delaware law requires of the landlord
The deposit return rule is 20 calendar days. The law also requires an itemized statement when deductions are made.
- Return window
- 20 calendar days
- Itemization
- Required
- Receipts threshold
- No separate threshold recorded
- Interest
- No statewide interest requirement in the verified data. Deposit must be held in a designated escrow account in a federally insured banking institution with an office that accepts deposits in Delaware, for the tenant's benefit; statute does not require paying interest earnings to the tenant.
Is interest owed on a deposit in Delaware?
Delaware is one of 37 states where interest is not required by state law.
| Rule | States | Share |
|---|---|---|
| Required by state law | 3 | 6% |
| Owed only in some cases | 11 | 22% |
| Not required by state law ← Delaware | 37 | 73% |
Source: 25 Del. C. § 5514 · checked 2026-07-14 · n=51 · method: computed from state records · computed, not measured · release 5c9b10e6dffc94d70cee7a2f28ed0379eb3ce9d6
Delaware security deposit deductions
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.
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