Delaware Security Deposit Law
Delaware landlords must return security deposits within 20 days under Del. Code tit. 25 § 5514. Violations result in damages up to 2× the wrongfully withheld amount.
Key Facts — Delaware
- Return deadline
- 20 days after move-out
- Governing statute
- Delaware Code Title 25 § 5514
- Short citation
- Del. Code tit. 25 § 5514
- Penalty for violation
- damages up to 2× the wrongfully withheld amount
- Small claims court limit
- $25,000
Generate your demand letter
We generate a formal security deposit demand letter citing Del. Code tit. 25 § 5514 with the exact penalty language. Most landlords respond within 14 days of receiving a formal letter.
Frequently Asked Questions
How many days does a landlord have to return a security deposit in Delaware?
Under Del. Code tit. 25 § 5514, a Delaware landlord must return the security deposit — along with an itemized list of any deductions — within 20 days of the tenant vacating the property.
What happens if a Delaware landlord keeps my deposit illegally?
If your landlord fails to return the deposit within 20 days without a valid reason, damages up to 2× the wrongfully withheld amount. You can pursue this in Delaware small claims court (limit: $25,000).
Can a landlord in Delaware deduct for normal wear and tear?
No. Delaware law, like all US states, prohibits landlords from deducting for normal wear and tear — routine scuffing, minor carpet wear, and faded paint are the landlord's cost of doing business, not the tenant's.
How do I send a security deposit demand letter in Delaware?
Generate a demand letter citing Del. Code tit. 25 § 5514, sign it, and send via USPS Certified Mail with Return Receipt to your landlord. The certified mail receipt creates a legal paper trail and proves delivery. Give the landlord 14 days to respond before filing in small claims court.
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