Delaware security deposit law
Did your landlord keep your deposit? Here's what Delaware law requires — and what they owe you if they broke it.
Return deadline
20 days
Max penalty
2x withheld
Small claims limit
$25,000.00
The deadline
Under Del. Code tit. 25, § 5514, your landlord must return your deposit or send an itemized list of deductions within 20 days after you move out.
If they miss it or withhold in bad faith
Double the amount wrongfully withheld.
Deductions that usually aren't allowed
- Normal wear and tear (faded paint, light carpet wear, small nail holes)
- Routine repainting or carpet cleaning between tenants
- Damage that existed before you moved in
- Charges with no receipts or itemization
How to get it back
Send a formal demand letter by certified mail citing Del. Code tit. 25, § 5514, give the landlord 14 days to pay, then file in Delaware small claims court (up to $25,000.00) if they don't.
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We'll check your dates and every deduction against Delaware law and show what you're owed.
Run Delaware auditInformational only, not legal advice. Verify current law before relying on it.