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Security deposit · Delaware

20 days after lease ends.

By housr editorsStatute text checked 2026-10-05Legal review pending
A named legal reviewer hasn't signed this page yet. We read and quoted the statute ourselves on 2026-10-05. Until review, this page isn't indexed by search engines. This is information, not legal advice. See legal review.
The short answer25 Del. C. §5514(f)
Deadline20 calendar days
Before it appliesGive a written forwarding address at or before the end
If kept in bad faithDouble the amount wrongfully withheld

The rule

In Delaware, the clock starts when: lease ends. The landlord then has 20 calendar days. The statute says:

“Within 20 days after the termination or expiration of any rental agreement, the landlord shall provide the tenant with an itemized list of damages to the premises and the estimated costs of repair for each…”

Give your forwarding address in writing at or before the end; without it, the landlord isn't liable for double damages.

For example, if you returned the keys on Oct 26, 2026, the date would be Nov 15, 2026. Use the Clock for your own dates.

What the landlord has to send

An itemized list of damages with the estimated repair cost of each, sent with the balance.

How much a deposit can be

One month's rent for leases of a year or more (not for furnished units).

“Tenant’s acceptance of a payment submitted with an itemized list of damages shall constitute agreement on the damages as specified by the landlord, unless the tenant, within 10 days of the tenant’s receipt of such tender of payment, objects in writing to the amount withheld by the landlord.”
25 Del. C. §5514(f)

Do this

Give your forwarding address in writing

Delaware sends notices to an address in the lease or a forwarding address you give in writing at or before the end of the lease. 25 Del. C. §5514(h)

On move-out day

Give your forwarding address in writing and keep proof of sending. Photograph every room before you return the keys.

Your own deadline: 10 days

Accepting the payment means agreeing to the deductions unless you object in writing within 10 days of receiving it. It counts from receipt of the payment and itemized list. 25 Del. C. §5514(f)

Deductions and wear and tear

Only damage that exceeds normal wear and tear, or can't be corrected by painting and ordinary cleaning (§5514(c)(1)).

Delaware has statute text on specific charges:

For a charge to replace something old, Fair Charge works out a prorated estimate from the item's age and useful life, and says where the useful life comes from. See also the item guides for carpet, paint and cleaning.

If the deadline passes

Double the amount wrongfully withheld.

“Failure to remit the security deposit or the difference between the security deposit and the amount set forth in the list of damages within 20 days from the expiration or termination of the rental agreement shall entitle the tenant to double the amount wrongfully withheld.”
25 Del. C. §5514(g)(1)

The usual first step is a written demand that states the date the deposit was due and cites the statute. Our demand letter does that and carries any disputed deductions.

Your next steps

Sources

  1. 25 Del. C. §5514(f) · checked 2026-10-05

Information, not legal advice. Statutes are quoted from official legislature sites; summaries are ours. Spotted an error? Tell us.