Delaware · Security deposit

Delaware security deposit law

Delaware landlords have 20 days to return a security deposit after you move out. The deposit can’t be more than 1 month’s rent (leases of 1 year or more).

The rule

Deposit limit
1 month’s rent (leases of 1 year or more)
Return deadline
20 days
Interest owed
Not required
Itemized deductions
Required
The limit
Also applies to month-to-month tenancies once they have lasted 1 year (the excess must be credited back). No limit for furnished units or shorter tenancies.
The deadline
Within 20 days after the rental agreement ends, with an itemized list of damages and estimated repair costs; failing to itemize concedes no damages are owed.
Interest
Deposits must be held in a designated escrow account at a federally insured bank with a Delaware office, but interest is not required.
Deductions
The landlord must give you an itemized list of anything kept from the deposit.
If it isn’t returned
Tenant may recover double the amount wrongfully withheld; failing to disclose or properly bank the deposit forfeits it to the tenant.

Law: 25 Del. C. § 5514

Last reviewed September 30, 2026

Not legal advice. Statutes change; check the linked section.