Delaware Security Deposit Demand Letter
In Delaware, a landlord has 20 days after move-out to return the deposit or send an itemized list of deductions (as of 2026; source: 25 Del. C. §5514). This letter cites that deadline, states the amount and your forwarding address, and gives the landlord a date to respond before you file. Free, no signup.
Maintained by Rapi Stack · Every state-specific figure on this page is cited to its statute or official agency page · Dataset last verified 2026 · Not legal advice.
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Delaware deposit rules at a glance
- Return deadline
- 20 days after move-out
- Deposit cap
- 1 month's rent (leases over 1 yr; no cap on month-to-month)
As of 2026. Source: 25 Del. C. §5514 ↗. Want the exact due date? Use the deposit return calculator.
Frequently asked questions
How long does a Delaware landlord have to return the deposit?
20 days after you move out, as of 2026 (source: 25 Del. C. §5514). Counted in calendar days; check the statute for whether the clock starts at move-out, lease end, or receipt of your forwarding address, and whether a weekend deadline rolls over. Use the deposit return calculator to get the exact date.
Is there a limit on how much deposit a Delaware landlord can charge?
Yes: 1 month's rent (leases over 1 yr; no cap on month-to-month) (as of 2026; source: 25 Del. C. §5514). If you paid more than the cap, say so in the letter; the excess is usually recoverable too.
How much can I sue for in Delaware if the landlord ignores this?
Justice of the Peace Court civil jurisdiction covers debt, trespass and replevin claims up to $25,000 - the highest small-claims-type ceiling in the country. There is no separate small claims division; the JP civil docket serves that role, and it also handles landlord-tenant summary possession. The court is the Justice of the Peace Court (civil docket), and the filing fee is $35 (claims up to $5,000) / $70 ($5,001-$15,000) / $95 ($15,001-$25,000) per the JP Court fee schedule. As of 2026; source: 10 Del. C. §9301.
Do I need a lawyer in Delaware small claims?
Attorneys are allowed; corporations and other artificial entities may instead appear through a non-attorney under a Certificate of Representation (Form 50, $20 annual registration, Del. Supr. Ct. R. 57). Source: 10 Del. C. §9301 (as of 2026).
Deposit rules in every state, cited to statute: security deposit limits by state.
How Delaware compares
Computed from our 51-jurisdiction dataset (as of 2026). Source for Delaware: 25 Del. C. §5514 ↗.
- Deposit return deadline
Deposit return deadline: 20 days — below the national median of 30 days across the 51 states with a statutory rule.
Ranked #43 of 51 states (tied with 1) — higher means more time for the landlord to return the deposit.
1 other state uses the same figure.
Deposit return deadline in neighboring states — Maryland (45 days), New Jersey (30 days), Pennsylvania (30 days). Delaware's 20 days is the shortest among its neighbors.
The rest of what Delaware requires
The figures below are Delaware's, not national averages — each one is the value we verified for this state, with the statute it comes from. Follow a row to the full Delaware page for that document.
- Security deposit cap · as of 2026
- 1 month's rent (leases over 1 yr; no cap on month-to-month) 25 Del. C. §5514 ↗
- Deposit return deadline · as of 2026
- 20 days after move-out 25 Del. C. §5514 ↗
- Notice to end a month-to-month tenancy · as of 2026
- 60 days 25 Del. C. §5514 ↗
- Notice for unpaid rent · as of 2026
- 5 days to pay or quit 25 Del. C. § 5502; § 5513; § 5106/§ 5107 ↗
- Notice to cure a lease violation · as of 2026
- 7 days 25 Del. C. § 5502; § 5513; § 5106/§ 5107 ↗
- Small claims limit · as of 2026
- $25,000 10 Del. C. §9301 ↗
- Where you file · as of 2026
- Justice of the Peace Court (civil docket) · filing fee $35 (claims up to $5,000) / $70 ($5,001-$15,000) / $95 ($15,001-$25,000) per the JP Court fee schedule 10 Del. C. §9301 ↗
- Rental application fee · as of July 2026
- Capped at greater of 10% of monthly rent or $50 Delaware Code ↗
- Bill of sale notarization · as of 2026
- Not required Delaware DMV ↗
- Power of attorney signing · as of 2026
- Notarization required · 1 witness 12 Del. C. §49A-105 (form §49A-301) ↗
- LLC operating agreement · as of 2026
- Not required by statute, but it controls over the default rules 6 Del. C. § 18-101(9) ↗
- Recording a deed · as of 2026
- Recorder of Deeds (one per county: New Castle, Kent, Sussex) · no witnesses 25 Del. C. §§ 121–122 ↗
Security deposit demand letter in other states
More Delaware legal forms
Different state? See security deposit demand letters by state →