States/Delaware/Security Deposit
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Delaware Security Deposit Rules (2026)

Delaware § 5514 generally caps a security deposit at one month’s rent for a rental agreement of one year or more, and after one year for covered indefinite or month-to-month primary residential tenancies. The law also requires in-state escrow handling and a 20-day deposit disposition after expiration or termination.

Last reviewed: August 30, 20262 official sources cited
Covered deposit cap1 month’s rent

Applies to leases of one year or more and certain longer-running month-to-month/undefined tenancies; furnished units are excluded from these cap provisions.

Return / itemization20 days

After expiration or termination of the rental agreement.

Tenant objection10 days

After receipt of tender/itemization to object in writing to amount withheld.

Normal wearExcluded

Actual damage must exceed normal wear and tear or not be correctable by painting and ordinary cleaning.

What to preserve

  • Lease term and whether the unit is furnished.
  • Security-deposit receipt and escrow disclosure.
  • Termination/expiration date.
  • Written forwarding address and proof it was provided by termination.
  • Itemized damage list and estimated repair costs.
  • Refund tender and any written objection.

Delaware has multiple deposit-limit conditions

Do not apply the one-month cap without checking lease duration, how long an indefinite/month-to-month tenancy has run, and whether the unit is furnished.

Delaware rules depend on tenancy type and written notice facts. Educational information only.

Official sources

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