Delaware Security Deposit Law
Delaware rules on security deposits for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: 1 month's rent for leases of 1 year or more, and for month-to-month tenancies once they have lasted 1 year (excess must be credited back). No cap for furnished units or for the first year of a month-to-month tenancy. 25 Del. C. § 5514(a), (i)
The rules in Delaware
| Security deposit limit | 1 month's rent for leases of 1 year or more, and for month-to-month tenancies once they have lasted 1 year (excess must be credited back). No cap for furnished units or for the first year of a month-to-month tenancy. A separate pet deposit of up to 1 month's rent is allowed (none for a support animal). Tenant may offer a surety bond instead of all or part of the deposit; landlord need not accept; bond plus deposit cannot exceed 1 month's rent (§ 5514A). Deposit must be held in a federally insured escrow account at a bank with a Delaware office (§ 5514(b)). Re-verified 2026-10-27. Source: 25 Del. C. § 5514(a), (i) |
|---|---|
| Deposit return deadline | 20 days after the lease expires or terminates. Tenant must give a written forwarding address at or before termination; without it the landlord is excused from notice and double damages but still owes the unused deposit, and tenant must claim it in writing within 1 year (§ 5514(h)). Re-verified 2026-10-27. Source: 25 Del. C. § 5514(e)-(f) |
| Itemized deductions | Within 20 days, an itemized list of damages with the estimated repair cost for each, plus payment of the balance. Failure to send the list is an acknowledgment that nothing is owed for damages. Tenant who accepts the payment agrees to the deductions unless the tenant objects in writing within 10 days of receiving it. Re-verified 2026-10-27. Source: 25 Del. C. § 5514(f) |
| Interest on deposits | Not required. The statute does not require interest on security deposits. Re-verified 2026-10-27. Source: 25 Del. C. § 5514 |
| Penalty for withholding | Double the amount wrongfully withheld if not returned within 20 days. Failure to disclose the escrow account location within 20 days of written request, or using a non-compliant bank, forfeits the deposit to the tenant (double if not then returned within 20 days). Re-verified 2026-10-27. Source: 25 Del. C. § 5514(g) |
Free calculators
- Security Deposit Deadline Calculator — See when your landlord must return your deposit, and the penalty your state sets if they don't.
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Related questions
- How long does a landlord have to return a security deposit?
- How much can a landlord charge for a security deposit?
- What can a landlord charge for at move-out (cleaning, painting, carpet)?
Delaware vs. neighboring states
| State | Security deposit limit | Deposit return deadline | Itemized deductions |
|---|---|---|---|
| Delaware | 1 month's rent for leases of 1 year or more, and for month-to-month tenancies once they have lasted 1 year (excess must be credited back). No cap for furnished units or for the first year of a month-to-month tenancy. A separate pet deposit of up to 1 month's rent is allowed (none for a support animal). 25 Del. C. § 5514(a), (i) | 20 days after the lease expires or terminates. 25 Del. C. § 5514(e)-(f) | Within 20 days, an itemized list of damages with the estimated repair cost for each, plus payment of the balance. Failure to send the list is an acknowledgment that nothing is owed for damages. Tenant who accepts the payment agrees to the deductions unless the tenant objects in writing within 10 days of receiving it. 25 Del. C. § 5514(f) |
| Maryland | 1 month's rent per dwelling unit, regardless of the number of tenants. Up to 2 months' rent is allowed only if the tenant qualifies for Department of Human Services utility assistance, the lease requires the tenant to pay utilities directly to the landlord, and both agree in writing. A landlord who charges more than the cap can be sued for up to 3 times the extra amount plus reasonable attorney's fees. Md. Code, Real Prop. § 8-203(b)(1)-(3) | Within 45 days after the tenancy ends, the landlord must return the deposit plus accrued interest, less damages rightfully withheld. Md. Code, Real Prop. § 8-203(e)(1) | Within 45 days after the tenancy ends, the landlord must send a written list of damages claimed plus an itemized statement of the cost of each (with supporting documentation; cost estimates allowed) by first-class mail to the tenant's last known address. If the landlord does not, it forfeits the right to withhold any of the deposit for damages. Where estimates were used, the landlord must notify the tenant when repairs are done and refund any excess within 30 days. Md. Code, Real Prop. § 8-203(g), (j), (k) |
| New Jersey | 1.5 times one month's rent. Any additional security collected in a year may not exceed 10% of the current deposit. N.J.S.A. 46:8-21.2 | Within 30 days after the lease ends, by personal delivery or registered or certified mail: the deposit plus the tenant's share of interest, minus lawful charges. Within 5 business days if the tenant is displaced by fire, flood, condemnation, or evacuation (and the premises are posted or certified as described in the statute). Within 15 business days when a domestic-violence victim ends the lease under N.J.S.A. 46:8-9.6. N.J.S.A. 46:8-21.1 | Interest and any deductions must be itemized and sent to the tenant by personal delivery or registered or certified mail within the same 30-day period. No deductions may be made from the deposit of a tenant who is still in possession. N.J.S.A. 46:8-21.1 |
| Pennsylvania | First year of the lease: no more than 2 months' rent. Second and later years (or any renewal): no more than 1 month's rent. After 5+ years of tenancy, a rent increase cannot require a higher deposit. Landlord and Tenant Act § 511.1 (68 P.S. § 250.511a) | 30 days after the lease ends or the tenant surrenders the premises (whichever comes first). Act § 512(a) (68 P.S. § 250.512(a)) | Written list of damages for which the tenant is claimed liable, delivered within 30 days together with payment of the balance. If no list within 30 days, the landlord forfeits the right to withhold any part of the deposit or to sue for damages to the premises. Act § 512(a)-(b) (68 P.S. § 250.512) |
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- Free legal help in Delaware
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Delaware Security Deposit Law FAQ
How much can a landlord charge for a security deposit in Delaware?
1 month's rent for leases of 1 year or more, and for month-to-month tenancies once they have lasted 1 year (excess must be credited back). No cap for furnished units or for the first year of a month-to-month tenancy. A separate pet deposit of up to 1 month's rent is allowed (none for a support animal). (25 Del. C. § 5514(a), (i))
How long does a landlord have to return a security deposit in Delaware?
20 days after the lease expires or terminates. (25 Del. C. § 5514(e)-(f))
Does a landlord in Delaware have to give an itemized list of deposit deductions?
Within 20 days, an itemized list of damages with the estimated repair cost for each, plus payment of the balance. Failure to send the list is an acknowledgment that nothing is owed for damages. Tenant who accepts the payment agrees to the deductions unless the tenant objects in writing within 10 days of receiving it. (25 Del. C. § 5514(f))
Does a landlord have to pay interest on a security deposit in Delaware?
Not required. The statute does not require interest on security deposits. (25 Del. C. § 5514)
What happens if a landlord in Delaware wrongfully keeps a security deposit?
Double the amount wrongfully withheld if not returned within 20 days. Failure to disclose the escrow account location within 20 days of written request, or using a non-compliant bank, forfeits the deposit to the tenant (double if not then returned within 20 days). (25 Del. C. § 5514(g))
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.