How much can a landlord charge for a security deposit in Delaware?
In Delaware, the security deposit rule is: 1 month's rent (after first year of tenancy). Governed by Del. Code Ann. tit. 25, §§ 5101–5716.
Lease Review / Delaware
Delaware Tenant Rights & Lease Laws
Key tenant protections under Delaware law — security deposit limits, landlord entry rules, and your rights when something goes wrong.
Security deposit limit
1 month's rent (after first year of tenancy)
Deposit must be returned within
20 days after move-out
Landlord entry notice required
2 days notice
Key tenant protections in Delaware
- Landlord must provide written itemization of deductions
- Tenant can recover double deposit for wrongful withholding
- Warranty of habitability implied in all residential leases
- Wilmington has additional local tenant protections
Governing statute
Del. Code Ann. tit. 25, §§ 5101–5716
Analyze your Delaware lease
Paste your lease into the cleartools analyzer and get a clause-by-clause review against Delaware tenant law. Illegal clauses, risky provisions, and negotiation tips — in plain English, in seconds.
Analyze my Delaware leaseDelaware lease FAQ
How long does a landlord have to return a security deposit in Delaware?
Delaware landlords must return the security deposit within 20 days after move-out. If deductions are made, the landlord must typically provide an itemized written statement.
How much notice does a landlord need to enter a rental in Delaware?
In Delaware, landlords are required to give 2 days notice before entering the rental unit, except in emergencies.
What can I do if my Delaware landlord won't return my deposit?
If your landlord in Delaware wrongfully withholds your security deposit, you can file a claim through the small claims court. Local law may allow you to recover damages beyond the deposit amount. Document everything and send written demand letters before filing a claim.