DisputeKit / Delaware
How long does a Delaware landlord have to return a security deposit?
20 days. Under Delaware Code, Title 25, § 5514, a landlord must provide an itemized list of damages with the estimated cost of repair for each and pay the tenant the difference between the deposit and those costs within 20 days. The clock starts when you move out and hand back possession of the unit. If you did not give a forwarding address in writing by the end of the lease, the landlord is not liable for double damages. If they miss that deadline, they lose the right to deduct for damages. A court may also award double the amount wrongfully withheld if the landlord does not return the deposit, or the difference between the deposit and the listed damages, within 20 days.
I moved out of my place in on and my landlord still has my $ deposit.
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Conditions that change the deadline
- The 20 days run from the termination or expiration of the rental agreement, which may differ from the move-out date.
- If the tenant did not give a forwarding address in writing at or before the end of the rental agreement, the landlord is not liable for double damages, but must still return any unused deposit if the tenant claims it in writing within 1 year.
What Delaware law says about deductions and your rights
- Deductions are limited to damage beyond normal wear and tear (or that painting and ordinary cleaning cannot fix), unpaid rent and late charges, and certain re-renting costs if the tenant left early.
- If the tenant accepts a payment sent with an itemized list, it counts as agreement to the deductions unless the tenant objects in writing within 10 days of receiving it.
- The deposit may not exceed one month's rent for leases of one year or more (furnished units excepted).
If the deadline has passed
Send a written demand letter. State the dates and amounts, the law and the deadline, and a date by which you expect payment. Keep proof that you sent it.
If they still don't pay, you can file in small claims court. The limit in Delaware is $25,000 in the Justice of the Peace Court, and the filing fee is $35 to $45 for a debt claim depending on the amount (service by the court included).
Steps
- Find your move-out date and deposit amount
- Work out when the clock started: The clock starts when you move out and hand back possession of the unit. If you did not give a forwarding address in writing by the end of the lease, the landlord is not liable for double damages
- Count 20 days from that date to find the deadline
- Send a written demand letter citing the law
- File in small claims court if unpaid
Common questions
When does the clock start in Delaware?
The clock starts when you move out and hand back possession of the unit. If you did not give a forwarding address in writing by the end of the lease, the landlord is not liable for double damages.
What if I got part of my deposit back?
You can still ask for the rest. Your claim is the deposit minus what was returned and minus any deductions you agree were allowed.
Can I get more than my deposit back?
Possibly. Delaware law allows a court to award double the amount wrongfully withheld if the landlord does not return the deposit, or the difference between the deposit and the listed damages, within 20 days. A judge decides; it is not guaranteed.
Do I need a lawyer?
Not usually. Small claims court in Delaware is designed for people without lawyers. For advice about your situation, talk to a licensed attorney.