Getting Your Security Deposit Back in Delaware
My landlord won't return my deposit — here's what Delaware law says and what to do next.
Statute: Del. Code tit. 25, § 5514
Deadline: 20 days
Penalty: Landlord may be liable for double the amount wrongfully withheld, plus court costs and reasonable attorney fees
What is getting your security deposit back?
When you move out, your landlord must return your security deposit within a specific timeframe set by your state's law. They can only deduct for legitimate reasons: unpaid rent, damage beyond normal wear and tear, or cleaning costs specifically allowed by your lease.
Your landlord cannot keep your deposit for normal wear (scuffed floors, faded paint, minor nail holes). Most states require landlords to provide an itemized list of any deductions.
What to Do If Your Landlord Won't Return Your Deposit
Step 1: Before moving out, take photos and video of every room. Date-stamp them. This documents the condition of the unit.
Step 2: Do a walkthrough with your landlord if possible. Get them to sign off on the condition of the unit, or note any disputes in writing.
Step 3: Provide your forwarding address in writing so the landlord knows where to send the deposit.
Step 4: If your landlord doesn't return the deposit within your state's deadline, send a demand letter via certified mail requesting the return.
Step 5: If they still won't return it, file in small claims court. Many states allow you to recover 2-3x the deposit amount as a penalty for wrongful withholding.
How Delaware differs from federal law
Delaware has detailed security deposit protections:
- Maximum deposit is 1 month's rent for leases of one year or more; no limit for shorter leases
- Landlords must return the deposit within 20 days of lease termination
- Landlords must provide an itemized list of deductions
- If the landlord fails to return the deposit or provide a statement within 20 days, the tenant may recover double the deposit
- Deposits must be held in a federally insured institution in Delaware
Additional steps in Delaware
Send a written demand with your forwarding address. File in Justice of the Peace Court (up to $25,000). CLASI: (302) 575-0660.
What you should NOT do
Don't leave without documenting. Without move-out photos, it's your word against the landlord's about the unit's condition.
Don't skip the demand letter. Courts want to see that you tried to resolve it before suing. A certified letter creates a paper trail.
Don't wait too long. Most states have a statute of limitations (2-6 years) for security deposit claims. File promptly.
Don't accept a partial return without reserving your rights. If you cash a partial refund check, note in writing that you're still disputing the deductions.
You shouldn't have to hire a lawyer to assert your rights.
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Generate your security deposit →This page is general legal information for Delaware, not legal advice for your specific situation. Laws change, and how a statute applies depends on facts we don't know. For advice on your matter, consult a licensed attorney in Delaware.