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● Delaware · 25 Del. C. § 5514

Your landlord in Delaware kept your deposit? Here's how to get it back.

Under 25 Del. C. § 5514, your landlord had 20 days to return your security deposit or itemize deductions. If they blew that deadline, Delaware law can make them owe up to 2× the amount they kept.

Return deadline
20 days
The law
25 Del. C. § 5514
Penalty exposure
up to 2×
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How long does your Delaware landlord have?

Delaware's security-deposit statute, 25 Del. C. § 5514, gives your landlord 20 days after your tenancy ends to either return your full deposit or send you an itemized list of lawful deductions. This is a hard deadline — not a suggestion.

If your landlord let that window pass without returning your money and without a proper written accounting, they have almost certainly violated the statute — and in most states that alone forfeits their right to keep a single dollar.

What Delaware makes a landlord pay for withholding your deposit

This is the leverage most renters don't know they have. Under Delaware law, a landlord who wrongfully withholds a deposit can be liable for double the amount wrongfully withheld.

In plain terms: a landlord who kept a $1,500 deposit in bad faith could be on the hook for as much as $3,000 — on top of returning what they owe. A landlord who ignores a vague email will think twice when a letter spells out 25 Del. C. § 5514 and the number it could cost them in court.

How to get your deposit back in Delaware

  1. Put it in writing — and cite the law. A demand letter that names 25 Del. C. § 5514, the 20 days deadline, and the statutory penalty is far harder to ignore than a phone call or a "please refund my deposit" text.
  2. Give a firm deadline. Demand return of the withheld amount within 10 days, sent by certified mail so you have a paper trail.
  3. Keep your evidence. Photos, your move-out date, and any forwarding address you provided all strengthen your position.
  4. Be ready for small claims. If they still refuse, Delaware small claims court handles deposit disputes routinely — and your cited letter becomes Exhibit A.

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Delaware security deposit FAQ

How long does a landlord have to return a security deposit in Delaware?

Under 25 Del. C. § 5514, your landlord generally has 20 days after your tenancy ends to return your deposit or provide an itemized statement of any deductions. Missing that deadline usually forfeits their right to keep any of it.

What if my landlord keeps my deposit without a good reason in Delaware?

Delaware law provides for double the amount wrongfully withheld. For example, a landlord who kept a $1,500 deposit in bad faith could be on the hook for as much as $3,000. That exposure is exactly what makes a properly worded demand letter effective.

Do I need a lawyer to get my deposit back in Delaware?

Usually no. A demand letter that cites 25 Del. C. § 5514, the 20 days deadline, and the penalty your landlord faces resolves most disputes. If it doesn't, security-deposit cases are common and inexpensive in Delaware small claims court.

What should a Delaware security deposit demand letter include?

It should state the amount withheld, the date your tenancy ended, the specific statute (25 Del. C. § 5514), the return deadline your landlord missed, and the statutory penalty they now risk — then demand payment by a firm date. DepositProtector builds this for you automatically.