Statutory authority: 25 Del. C. § 5514 — eviction notice: 25 Del. C. § 5501
Security Deposit Rules in Delaware
Under 25 Del. C. § 5514, landlords in
Delaware may collect a security deposit of no more than
1.00 months' rent.
At the statewide median gross rent of $1,404/month, that cap
works out to approximately $1,404.
The deposit must be returned within 20 days after the tenancy ends, together with a written, itemized list of any deductions.
What Can a Landlord Deduct?
Landlords in Delaware may lawfully deduct from the security deposit for: unpaid rent, damage to the unit beyond normal wear and tear, required professional cleaning not performed by the tenant, and unreturned keys or access devices. Deductions for ordinary wear and tear — scuff marks, minor carpet wear, faded paint — are generally not permitted under Delaware law.
Tenants who do not receive their deposit (or an itemized statement) by the deadline may be entitled to penalties — sometimes double or triple the withheld amount, plus attorney fees. Courts take deposit violations seriously; failure to provide an itemized list within the statutory period often forfeits the landlord's right to make any deductions at all.
How This Compares to Eviction Risk
A high security deposit limit can increase tenant financial barriers at move-in, contributing to housing instability and higher eviction rates. Delaware's 1.00x-month cap is one factor in our overall landlord risk score for the state.
Cities with the highest median rents — and therefore the largest absolute deposit amounts — in Delaware include:
Frequently Asked Questions
What is the maximum security deposit in Delaware?
Under 25 Del. C. § 5514, landlords in Delaware may not charge more than 1.00 months' rent as a security deposit. Based on the state's median gross rent, that is approximately $1,404.
How long does a landlord have to return a security deposit in Delaware?
Landlords in Delaware must return the security deposit within 20 days after the tenant vacates, along with an itemized list of any deductions.
Is a landlord in Delaware required to pay interest on a security deposit?
No, Delaware does not require landlords to pay interest on security deposits. (Some municipalities may have stricter rules.)
What can a landlord in Delaware deduct from a security deposit?
Landlords in Delaware may typically deduct for unpaid rent, damage beyond normal wear and tear, and cleaning costs required to restore the unit to its original condition. They must provide an itemized written list of deductions. Deductions for ordinary wear and tear are generally prohibited.
Protect your deposit — and your property.
NextGen Properties handles security deposit accounting, itemization, and return deadlines to keep Delaware landlords compliant and out of court.
