When the one-month cap applies
Under 25 Del. C. § 5514(a), the deposit may not exceed one month's rent when the lease is for a year or more. For month-to-month or open-ended primary residences, the same cap applies once the tenancy has lasted a year, and the landlord must then credit you any excess, including any amount above one month when combined with a surety bond. The limits do not apply to furnished units. A lease may let the landlord raise the deposit along with the rent. Increases above 10% of the monthly rent must be spread over the lease term, or over 4 months for month-to-month tenancies.
Escrow and permitted uses
The deposit must be held in a designated security deposit escrow account at a federally insured bank with an office in Delaware that accepts deposits. The landlord must tell you where it is. Your claim to the money ranks ahead of the landlord's creditors. The deposit may be used only for actual damage beyond normal wear and tear that cannot be fixed by painting and ordinary cleaning, rent arrears including late charges, and reasonable re-renting costs after early termination, capped at one month's rent where § 5314 applies (§ 5514(c)).
20 days and the 10-day objection
Within 20 days after the agreement ends, the landlord must return the deposit, or send an itemized list of damages with the estimated repair cost of each and pay the difference. If it does not, it is treated as acknowledging that no damages are due (§ 5514(e)–(f)).
Penalties
Failure to pay within 20 days entitles you to double the amount wrongfully withheld. If the landlord does not disclose the account location within 20 days of your written request, or did not use a Delaware-office federally insured bank, the deposit is forfeited to you. If it is then not returned within 20 days, you get double the deposit (§ 5514(g)). Notices go to the forwarding address you give in writing at or before termination. Without one, the landlord is not liable for double damages, but still owes the unused deposit if you claim it in writing within one year (§ 5514(h)).
Pet deposits and surety bonds
A pet deposit may not exceed one month's rent, and none may be required for a certified, trained support animal of a resident with a disability. Pet damage comes out of the pet deposit first. Under § 5514A, you may buy a surety bond instead, but neither side can force that choice, and the bond plus any deposit may not exceed one month's rent. Our calculator counts 20 days.
Steps to recover a Delaware deposit
- Ask in writing where the deposit is held.
- Give a forwarding address in writing before you leave.
- Check any partial refund, and object in writing within 10 days if needed.
- After 20 days, demand double the amount withheld.
- If that fails, file a claim in small claims court.
Neighboring states
Maryland pays interest and allows up to 3×. Pennsylvania uses 30 days, and New Jersey requires annual interest.
Frequently asked questions
What is the maximum security deposit in Delaware?
One month's rent for leases of a year or more, and for month-to-month tenancies after a year. Furnished units are exempt.
How long does a Delaware landlord have to return a deposit?
20 days after the rental agreement ends.
What if I disagree with deductions in Delaware?
Object in writing within 10 days of receiving the partial payment, or you are treated as agreeing.
What is the penalty in Delaware?
Double the amount wrongfully withheld; double the whole deposit after a forfeiture.
Sources
Last reviewed Oct 17, 2026. Read how we verify. Found an error? Tell us.