Delaware's rule on getting a security deposit back turns on a feature the national template does not capture: The cap is 1 month's rent (pet deposits may be additional within statutory limits). The return deadline is 20 days after termination of the rental agreement / delivery of possession, with itemization. Interest: No general statewide interest requirement for ordinary residential deposits (local rules may differ). The controlling authority is Del. Code Ann. tit. 25, § 5514. Wrongful withholding can support double damages and attorney fees under Delaware’s landlord-tenant provisions.
Key takeaways
- Maximum deposit: 1 month's rent (pet deposits may be additional within statutory limits)
- Return deadline: 20 days after termination of the rental agreement / delivery of possession, with itemization
- Interest: No general statewide interest requirement for ordinary residential deposits (local rules may differ).
- Penalties: Wrongful withholding can support double damages and attorney fees under Delaware’s landlord-tenant provisions.
- Primary authority: Del. Code Ann. tit. 25, § 5514.
Worked example under Delaware law
The illustration below uses only rules already stated for Delaware. It is a research hypothetical, not a prediction of what a court will do.
A residential tenant moves out of a Delaware rental and the landlord has not returned the deposit.
- Check the cap that applied when the deposit was collected: 1 month's rent (pet deposits may be additional within statutory limits).
- Calendar the return deadline: 20 days after termination of the rental agreement / delivery of possession, with itemization
- Interest, if any: No general statewide interest requirement for ordinary residential deposits (local rules may differ).
- If the landlord keeps money without the required accounting: Wrongful withholding can support double damages and attorney fees under Delaware’s landlord-tenant provisions.
Delaware generally caps security deposits at one month’s rent and requires return with an itemized list within 20 days. Document the unit’s condition. Justice of the Peace Court handles many deposit disputes.
Deposit limits in Delaware
1 month's rent (pet deposits may be additional within statutory limits)
When the deposit must be returned
20 days after termination of the rental agreement / delivery of possession, with itemization
Interest and accounting
No general statewide interest requirement for ordinary residential deposits (local rules may differ).
Penalties for wrongful withholding
Wrongful withholding can support double damages and attorney fees under Delaware’s landlord-tenant provisions.
Practical process for tenants and landlords
Delaware generally caps security deposits at one month’s rent and requires return with an itemized list within 20 days. Document the unit’s condition. Justice of the Peace Court handles many deposit disputes.
Document the unit with dated photos or video at move-in and move-out, keep the lease and any inspection checklist, and send a dated written demand if the deadline passes without a lawful accounting.
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Case law: security deposits in Delaware
STOLTZ MANAGEMENT CO., INC., Appellant-Below, Appellant, v. CONSUMER AFFAIRS BOARD, Appellee-Below, Appellee
…ard’s finding that the redecorating fee was a nonconforming security deposit was not based on substantial evidence and, more broadly, that the Board erred as a matter of law in ruling that the redecorating fee conflicted with the Delaware Landlord-Tenant Code, 25 Del.C. §§ 5101-6724 (“Landlord-Tenant Code”). Second, Stoltz argues that the Board erred as a matter of law in retro…
On security deposits, STOLTZ MANAGEMENT CO., INC., Appellant-Below, Appellant, v. CONSUMER AFFAIRS BOARD, Appellee-Below, Appellee speaks to the Delaware dispute in this passage: "Board erred as a matter of law in ruling that the redecorating fee conflicted with the Delaware Landlord-Tenant Code, 25 Del.C. §§ 5101-6724 (“Landlord-Tenant Code”)." The surrounding opinion shows how the court applied that language to the record.
STOLTZ MANAGEMENT CO., below v. Jill San PHILLIP, below
STOLTZ MANAGEMENT CO., below v. Jill San PHILLIP, below, 1990 Del. Super. LEXIS 461 (1990)
…nts with a monthly rental of $550. Stoltz charged Phillip a security deposit of $97.50. The lease provided, among other things, what the security deposit could be used for: [the] Landlord [Stoltz] may apply ... the whole or any part [thereof] ... for any sum which Landlord may expend or may be required to expend [for] ... any damages .... The security may be used by the Landlor…
On security deposits, STOLTZ MANAGEMENT CO., below v. Jill San PHILLIP, below speaks to the Delaware dispute in this passage: "Stoltz charged Phillip a security deposit of $97.50. The lease provided, among other things, what the security deposit could be used for: [the] Landlord [Stoltz] may apply ... the whole or any part [thereof] ..." The surrounding opinion shows how the court applied that language to the record.
Jessica Flagler v. Courtney Hill and Bailey Ingersoll
Jessica Flagler v. Courtney Hill and Bailey Ingersoll (2025)
…d February 26, 2025.' The dispute in this matter concerns a security deposit, paid to Defendant- Below/Appellant Jessica Flagler? (“Landlord”) by Plaintiffs-Below/Appellees, Courtney Hill and Bailey Ingersoll, (“Tenants”) as part of their tenancy in Landlord’s property at 312 Olga Road, Wilmington, DE 19805 (the “Property”). Tenants allege that Landlord wrongfully retained thei…
Delaware opinions such as Jessica Flagler v. Courtney Hill and Bailey Ingersoll are cited where security deposits is disputed. The court stated: "February 26, 2025.' The dispute in this matter concerns a security deposit, paid to Defendant- Below/Appellant Jessica Flagler?" That is the language to brief; the rest of the decision supplies the procedural posture.
MHC Operating Limited Partnership DBA Waterford Estates v. Ashley Burke and Patricia Bilbow-Phelps
…of the damages and an estimated cost to repair by sending a Security Deposit Disposition Letter to the Unit.? On March 30, 2019, Plaintiff forwarded the same notice to an alternative address it found available on an internet search.'!? On August 20, 2019, Plaintiff sent > Pl.’s Compl. §11. * Pl.’s Compl. 912. > Pl.’s Compl. 413. ° Pl.’s Compl. §14. 7 Pl.’s Compl. 415. 5 PI.’s C…
On security deposits, MHC Operating Limited Partnership DBA Waterford Estates v. Ashley Burke and Patricia Bilbow-Phelps speaks to the Delaware dispute in this passage: "Security Deposit Disposition Letter to the Unit.?" The surrounding opinion shows how the court applied that language to the record.
Holveck and Murphy v. Christiana Meadows Apartments
Holveck and Murphy v. Christiana Meadows Apartments (2022)
…”), in which they allege that CMA wrongfully withheld their security deposit. A bench trial was held on March 17, 2022, during which Tenants testified during their case-in-chief, and property manager Crystal Rincon (“Rincon”) testified for CMA. In addition, both parties submitted documents into evidence.' At the conclusion of trial, the Court reserved decision. This is the Cour…
On security deposits, Holveck and Murphy v. Christiana Meadows Apartments speaks to the Delaware dispute in this passage: "CMA wrongfully withheld their security deposit. A bench trial was held on March 17, 2022, during which Tenants testified during their case-in-chief, and property manager Crystal Rincon (“Rincon”) testified for CMA. In addition, both parties submitted documents into evidence." The surrounding opinion shows how the court applied that language to the record.
Douglas Milbourne and Orquidea Milbourne v. Derrick Swinton
Douglas Milbourne and Orquidea Milbourne v. Derrick Swinton (2024)
…f the Peace Court (“JP Court”) to recover $10,500 for their security deposit and labor costs associated with cleaning the kitchen of the home they rented from Appellee Derrick Swinton (“Landlord”), Landlord counterclaims for unpaid rent and costs of minor cosmetic work and repairs totaling $7,235. On May 23, 2024, upon motion of Landlord, default judgment was entered as to Ms.…
Delaware opinions such as Douglas Milbourne and Orquidea Milbourne v. Derrick Swinton are cited where security deposits is disputed. The court stated: "JP Court”) to recover $10,500 for their security deposit and labor costs associated with cleaning the kitchen of the home they rented from Appellee Derrick Swinton (“Landlord”), Landlord counterclaims for unpaid rent and costs of minor cosmetic work and repairs totaling $7,235." That is the language to brief; the rest of the decision supplies the procedural posture.
Patrick Smith v. Glenn Schmalhofer
Patrick Smith v. Glenn Schmalhofer (2014)
…Smitli ("l\/lr. Smith"), who is seeking double damages of a security deposit pursuant to 25 Del C. § 5514(£) and (g). At the close of Plaintift’ s case, Defendant Glenn Schmalhofer ("Mr. Schmalhofer”) moved for dismissal under Courl Qf(,`onz)non Pleas Cit». R. 41 (b). After consulting with counsel at trial, the Coui't determined that it will decide the motion under Courl' of Co…
Delaware opinions such as Patrick Smith v. Glenn Schmalhofer are cited where security deposits is disputed. The court stated: "Smitli ('l\/lr. Smith'), who is seeking double damages of a security deposit pursuant to 25 Del C. § 5514(£) and (g). At the close of Plaintift’ s case, Defendant Glenn Schmalhofer ('Mr. Schmalhofer”) moved for dismissal under Courl Qf(,`onz)non Pleas Cit». R. 41 (b)." That is the language to brief; the rest of the decision supplies the procedural posture.
Danielle Freeman v. Walter G. Scott
Danielle Freeman v. Walter G. Scott (2017)
…t Was responsible for $13.00 in monthly rent and an $850.00 security deposit.3 The Porter Center, a non-profit agency, paid $450.00 of the 3850.00 security deposit on Appellant’s behalf, and Appellee allowed Appellant to move into the Property prior to receiving the remaining $400.00 portion of the security deposit. ’ Plaintift’ s Exhibit 5. Appellee signed a July 29, 2015 lett…
Practitioners open Danielle Freeman v. Walter G. Scott when Delaware security deposits turns on the distinction in this sentence: "Was responsible for $13.00 in monthly rent and an $850.00 security deposit.3 The Porter Center, a non-profit agency, paid $450.00 of the 3850.00 security deposit on Appellant’s behalf, and Appellee allowed Appellant to move into the Property prior to receiving the remaining $400." Do not lift it out of the facts the court was deciding.
Frequently asked questions
How much can a landlord charge for a security deposit in Delaware?
1 month's rent (pet deposits may be additional within statutory limits)
How long does a landlord have to return my deposit?
20 days after termination of the rental agreement / delivery of possession, with itemization
What if my landlord keeps the deposit without an itemized list?
Wrongful withholding can support double damages and attorney fees under Delaware’s landlord-tenant provisions.
This guide covers Delaware residential security-deposit law as of 2026. Commercial leases and local ordinances can differ — verify the statute that applies to your unit.