Updated for 2026

Delaware Security Deposit Laws & Calculator

Delaware gives landlords just 20 days to return your security deposit. The deposit is capped at 1 month's rent (pet deposits are also capped at 1 month), and wrongful withholding carries a 2x penalty plus court costs.

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Delaware Security Deposit — Quick Facts

Return Deadline
20 Days
Maximum Deposit
1 Month's Rent
Pet deposit also capped at 1 mo.
Penalty for Late Return
2× Wrongfully Withheld
+ court costs
Interest Required
✗ No
Applicable Law
Del. Code tit. 25 § 5514

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Enter your deposit amount and move-out date to see your landlord's deadline and total refund.

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Delaware Security Deposit Law — Explained

The 20-Day Return Deadline

Under Del. Code tit. 25 § 5514, Delaware landlords must return the security deposit within 20 days after the tenancy ends and the tenant has vacated the unit. The landlord must provide an itemized statement of any deductions along with the remaining balance. This is one of the shorter deadlines on the East Coast.

What Your Landlord Can Deduct

Delaware landlords may deduct for unpaid rent, damage beyond normal wear and tear, and costs to restore the unit to its original condition (minus normal wear). Normal wear and tear — minor scuffs, faded paint, carpet worn from regular use — cannot be charged to the tenant. The landlord must provide a written, itemized list of all deductions.

The 2x Penalty

If a landlord wrongfully withholds any portion of the security deposit, the tenant can recover up to 2 times the amount wrongfully withheld, plus court costs. This penalty gives tenants real leverage — but only if you document everything and follow the proper steps to demand your deposit back.

Deposit Cap: 1 Month's Rent (Including Pets)

Delaware caps security deposits at 1 month's rent. Notably, pet deposits are also capped at 1 month's rent and cannot exceed that amount. This means the total a landlord can collect for security and pet deposits combined is limited. If your landlord collected more than the legal maximum, you may be entitled to a refund of the excess.

What to Do If Your Landlord Won't Return Your Deposit

  1. 1
    Document everything before you leave Take timestamped photos and video of every room. Keep your lease and all communications.
  2. 2
    Send a written demand Use RenterCalc's demand letter generator citing Del. Code tit. 25 § 5514. Send via certified mail.
  3. 3
    Wait for the 20-day deadline to pass Give your landlord the full statutory period to respond.
  4. 4
    File in Justice of the Peace Court Delaware's Justice of the Peace Court handles claims up to $25,000. You can sue for up to 2x the amount wrongfully withheld plus court costs.

Delaware Security Deposit FAQ

How long does a landlord have to return a security deposit in Delaware?
Delaware landlords must return the deposit within 20 days after the tenancy ends.
What is the maximum security deposit in Delaware?
Delaware caps security deposits at 1 month's rent. Pet deposits are also capped at 1 month's rent.
What is the penalty for not returning a security deposit in Delaware?
Tenants can recover 2x the amount wrongfully withheld plus court costs.
Does Delaware require interest on security deposits?
No. Delaware does not require landlords to pay interest on security deposits.
How do I get my security deposit back in Delaware?
Document the unit at move-out, send a written demand citing Del. Code tit. 25 § 5514, and file in Justice of the Peace Court (limit: $25,000) if unresolved.

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