State Law Guide · Updated January 2026
Delaware Security Deposit Laws
Under Delaware Code Title 25 § 5514, Delaware landlords must return security deposits within 20 days of a tenant moving out. Landlords who wrongfully withhold deposits face penalties of up to Double the deposit amount wrongfully withheld.
Quick Answer
In Delaware, landlords have 20 days to return your security deposit after you move out and provide a forwarding address. The maximum deposit is 1 month's rent (for leases of 1+ year). If your landlord wrongfully withholds your deposit, you can sue in Small Claims Court (up to $25,000) and may recover Double the deposit amount wrongfully withheld under Delaware Code Title 25 § 5514. Landlords must provide an itemized statement of deductions.
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What Delaware Law Requires
Return Deadline
Landlords have exactly 20 days to return your deposit after you move out. If they make deductions, they must provide an itemized statement explaining each charge with documentation.
Penalties for Violations
Landlords who wrongfully withhold deposits face Double the deposit amount wrongfully withheld. You can file in small claims court for amounts up to $25,000without needing an attorney.
Interest Requirements
No interest requirement
Common Deductions Landlords Make
Federal guidelines from HUD and the IRS establish "useful life" standards that limit what landlords can charge. Many common deductions are partially or fully invalid under these guidelines.
Carpet Replacement
Typical: $500-1,5005-year useful life per HUD MAP Guide Appendix 5C. Charges may be reduced or invalid based on how long you lived there.
Interior Paint
Typical: $200-7003-year useful life per HUD Handbook 4350.1. Charges may be reduced or invalid based on how long you lived there.
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HUD/IRS Citations
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Frequently Asked Questions
How long does a Delaware landlord have to return my deposit?
Delaware landlords must return your deposit within 20 days after you move out. Failure to comply may result in double damages.
What is the deposit limit in Delaware?
For leases of one year or longer, Delaware caps deposits at one month's rent. Month-to-month leases have no statutory cap.
What if my Delaware landlord doesn't return my deposit?
You can sue for double the amount wrongfully withheld. Delaware's Justice of the Peace Court handles claims up to $25,000.
Official Resources
- Delaware Attorney General Consumer Protection(Government)
- Delaware Volunteer Legal Services(Legal Aid)
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Based on Delaware Code Title 25 § 5514 · HUD Handbook 4350.1 · IRS Publication 527