How Long Does a Landlord Have to Return a Deposit in Delaware?
In Delaware, a landlord has 20 calendar days to return a security deposit. The deadline is measured from this trigger: From the expiration or termination of the rental agreement. The verified penalty 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 |
| 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. Match the date you can prove to the trigger above, then compare the landlord's response to the rule in 25 Del. C. § 5514.
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.
What happens if a landlord misses the Delaware deposit deadline?
The verified penalty 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. Keep the move-out date, forwarding address records, and any itemized statement before you act.
Does a demand letter change the legal deadline?
No. The deadline is still 20 calendar days. The deadline trigger is From the expiration or termination of the rental agreement. A letter documents the timeline and asks the landlord to resolve the deposit before the next step.
If the deadline passed
Send the letter that starts the clock and keeps the demand tied to the verified Delaware deadline.
build a Delaware demand letter
If the landlord stays silent, review landlord ignoring the deadline before choosing the next step.