How much a landlord can charge, and which deductions are actually legal
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:
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.
| Claimed deduction | Permitted 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 |
| Claimed deduction | Permitted in Delaware |
|---|---|
| Normal wear and tear | Not permitted |
| Any amount without the itemized list within 20 days | Not 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.
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) ↗
A landlord who withholds in bad faith may be liable for 2x the portion wrongfully withheld.
Failure to return any security/pet deposit due to the tenant entitles the tenant to recover DOUBLE the amount wrongfully withheld. Additionally, failure to disclose the deposit account location within 20 days of a written request (or failure to escrow) forfeits the deposit to the tenant, and double applies if not returned within 20 days of that forfeiture.
25 Del. C. § 5514(g) ↗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) ↗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) ↗““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)
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.
| Source | What it says |
|---|---|
| Some summaries | 1 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.
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.
| Statute | Last verified | Source |
|---|---|---|
| 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.
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.
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The statute does not permit deductions for: normal wear and tear; any amount without the itemized list within 20 days.
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.
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).
No. Normal wear and tear