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DE · Security deposit

Delaware security deposit

Delaware Residential Landlord-Tenant Code is where Delaware sets whether there is a deposit cap, what may be deducted, and how long a landlord has to return what is left. Document the unit at move-in and move-out, return keys the way the lease requires, and keep a forwarding address. We do not reprint a number that can go stale.

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Do this today

  • Keep move-in and move-out photos, dated, of every room and the condition of walls, floors, appliances, and keys.
  • Keep the lease, the receipt for the deposit, and a record of how keys were returned.
  • Give a forwarding address in writing.
  • List each disputed deduction in one sentence with the reason.

What usually has to be proven?

A deposit dispute in Delaware is a records problem first. What was paid, what was deducted, what the unit looked like at both ends, and whether keys were returned as the lease required. Delaware Residential Landlord-Tenant Code is the chapter to open for caps, timing, and itemization — not a national chart.

Should I send a demand letter?

A calm, dated letter that lists each deduction and a way to reach you is something any renter can write. Send it in a way you can prove. Small-claims court exists in Delaware; whether it is worth filing, and what the court can order, is a question for legal aid or the court's own self-help materials.

The Delaware chapter

Delaware Residential Landlord-Tenant Code (Del. Code tit. 25, §§ 5101 to 5907) is the starting point. We name it. We do not paraphrase a day-count or a dollar cap out of it.

Delaware state law is the floor. Cities may add rent boards, just-cause rules, or extra protected classes. Confirm locally.

Official sources

Common questions

Is there a national cap on security deposits in Delaware?

No. Any cap, any itemization rule, and any return deadline for Delaware live in Delaware Residential Landlord-Tenant Code — sometimes in a city rule too. This site does not reprint them.

Can my landlord in Delaware keep the deposit for normal wear?

Ordinary wear and damage are different ideas in most states. What counts as each is a Delaware and facts question. Photos from move-in and move-out are what make that argument possible.

Where do I confirm the Delaware deposit rule?

Open Delaware Residential Landlord-Tenant Code, or take the file to legal aid. A city housing department may add rules the state does not.

The national security deposit guide has the full sequence. Open the security deposit guide

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Last reviewed 8 September 2026. Legal information, not legal advice. Not a law firm. hello@renterprotection.org