In Delaware, landlords have 20 days (20 days after termination and expiration of the lease) to return your deposit or provide an itemized deduction statement.
Enter your move-out / key-surrender date and deposit amount to check whether your landlord is past the Delaware statutory deadline under Del. Code Ann. tit. 25, § 5514.
| Governing Statute | Del. Code Ann. tit. 25, § 5514 |
|---|---|
| Return Deadline | 20 days (20 days after termination and expiration of the lease) |
| Maximum Deposit Cap | 1 month's rent for leases of 1 year or more (no limit on furnished units or month-to-month first year) |
| Bad-Faith / Late Penalty | Up to 2.0x — Double the amount of the security deposit or double the amount wrongfully withheld |
| Small Claims Court Limit | $25,000 |
| Interest Required? | No, but landlord must disclose the federally insured bank location holding the escrow deposit |
| Walkthrough / Inspection | Tenant has 10 days after receiving itemized list to dispute deductions in writing |
Example: On a $1,800 deposit wrongfully withheld past the 20-day deadline in Delaware, statutory provisions allow claims up to $3,600 (2.0x) in Small Claims Court (limit $25,000).
Even when a Delaware landlord mails an itemized list within 20 days, they cannot charge you for normal wear and tear or bill you 100% of the replacement cost for an aged asset that has already exhausted most of its useful life.
Standard apartment carpet depreciates over 5 years (60 months). If carpet was 4 years old at move-out, the maximum recoverable value is 20% — never a full replacement bill.
Send a written demand via Certified Mail citing Del. Code Ann. tit. 25, § 5514 and giving a firm 7-to-10 business day deadline before filing in Delaware Small Claims Court.
Use our free Carpet & Paint Depreciation Calculator to calculate the exact legal deduction cap in seconds.