Delaware Security Deposit Rules: Caps, Lawful Deductions & Penalties (2026)

How much a landlord can charge, and which deductions are actually legal

At a glance

Who this covers — and who it does not

This page covers how much a landlord may charge in Delaware, and which deductions from a residential deposit are lawful. It assumes the tenancy has ended and the question is what may be withheld.

It does not cover:

How much the landlord may charge in the first place

Leases of 1 year or more: 1 month's rent. Month-to-month/undefined-term: 1 month after the first year (no cap during year one). Furnished units: no cap. Pet deposit: up to 1 month's rent (service animals exempt) — § 5514(a).

Caps frequently carry exceptions — smaller landlords, furnished units, or pets are treated differently in most states. Read the provision itself rather than relying on the headline figure.

Which deductions the statute permits

Claimed deductionPermitted in Delaware
Unpaid rent (including late charges and early-termination rent)Permitted, if substantiated
Damage beyond normal wear and tear (or not correctable by painting/ordinary cleaning)Permitted, if substantiated
Reasonable renovation/re-renting expenses from early termination (up to 1 month's rent)Permitted, if substantiated

Which deductions the statute does not permit

Claimed deductionPermitted in Delaware
Normal wear and tearNot permitted
Any amount without the itemized list within 20 daysNot permitted

Whether a specific charge is lawful depends on the facts — how old the damage is, whether the lease addressed it, and whether the landlord can document the cost. A charge being in the "permitted" column does not make it automatically collectable.

Who has to prove what

The landlord may deduct only unpaid rent and damage beyond normal wear and tear, itemized within 20 days. The landlord must hold the deposit in escrow and disclose the account location on request.

In Delaware the burden sits with the landlord. This matters strategically: if the burden is theirs, your task is to request the documentation rather than to prove the deduction wrong. 25 Del. C. § 5514(b), (f) ↗

What you can claim if deductions are unlawful

特拉华的 20 天返还与 2 倍错误扣留罚金

2x wrongfully withheld + escrow forfeiture

Wrongful withholding triggers double damages. Separately, failure to escrow or disclose the account location forfeits the deposit to the tenant, with double if not returned within 20 days.

25 Del. C. § 5514(g) ↗

Strict escrow + disclosure duty

Deposits must be held in a Delaware federally-insured "security deposit account" and not used in the landlord's business; the location must be disclosed within 20 days of a written request.

25 Del. C. § 5514(b), (g) ↗

Common landlord defences and how to answer them

““I'm deducting for damages but haven't itemized yet.””

You must provide an itemized list of damages and repair costs within 20 days. Failure to do so requires you to return my full deposit, and double damages apply to any wrongful withholding.

25 Del. C. § 5514(f), (g)

““You never gave me a forwarding address.””

Here is my forwarding address now. Regardless, you must hold any unused deposit for one year, and failure to escrow or disclose the account location has its own penalty.

25 Del. C. § 5514(g)

““The deposit was two months' rent.””

For a lease of one year or more, the deposit is capped at one month's rent. A larger deposit is only allowed for month-to-month tenancies during their first year, or furnished units.

25 Del. C. § 5514(a)

Where sources disagree

Some widely circulated summaries of Delaware deposit law state things the statute does not say. We list the disagreements rather than picking a side silently.

Deposit cap (1 month vs no cap)

SourceWhat it says
Some summaries1 month's rent, always
25 Del. C. § 5514(a)1 month for 1-year-plus leases; no cap for month-to-month first year or furnished units

What we follow: Term/furnishing-dependent cap

The statute distinguishes by lease term and furnishing. A blanket 1-month cap would misstate the rule for short-term and furnished tenancies.

Sources and how to verify them

Every figure on this page comes from the official text, not from a summary. The table below lists each provision used and the date it was last checked against the source.

StatuteLast verifiedSource
25 Del. C. § 5514(f) 2026-10-15 official text ↗
25 Del. C. § 5514(g) 2026-10-15 official text ↗
25 Del. C. § 5514(b), (f) 2026-10-15 official text ↗
25 Del. C. § 5514(b), (g) 2026-10-15 official text ↗

Primary reference: 25 Del. C. § 5514 (Security deposit). Where the official text and a secondary summary disagree, this page follows the official text and says so. Amendments are recorded on the site changelog.

When you need a lawyer instead of a tool

A self-help letter is the right starting point for a single deposit you can document. Get legal help if:

Local legal aid organisations and tenant unions offer free help for qualifying cases. They are independent of this site — we list them because they are the right place to go, not because they link here.

More Delaware guides

Delaware Security Deposit Return

→ All Delaware tenant rights topics

Common questions

What can a landlord not deduct from my Delaware deposit?

The statute does not permit deductions for: normal wear and tear; any amount without the itemized list within 20 days.

Who has to prove that a deduction was justified in Delaware?

The landlord. The landlord may deduct only unpaid rent and damage beyond normal wear and tear, itemized within 20 days. The landlord must hold the deposit in escrow and disclose the account location on request.

How much can a landlord charge as a deposit in Delaware?

Leases of 1 year or more: 1 month's rent. Month-to-month/undefined-term: 1 month after the first year (no cap during year one). Furnished units: no cap. Pet deposit: up to 1 month's rent (service animals exempt) — § 5514(a).

Is ordinary wear and tear deductible from my Delaware deposit?

No. Normal wear and tear