Landlord & Housing · free generator
Delaware Security Deposit Demand Letter
You moved out, you left the place in decent shape, and your deposit still has not come back. In Delaware, that is not a judgment call: under Delaware Code, Title 25, section 5514 (Security deposit), your former landlord generally has 20 days to return your deposit or send an itemized statement of deductions. This generator produces a demand letter that cites 25 Del. C. § 5514 by name, states the legal deadline, and puts your landlord on notice that small claims court — where Delaware hears claims up to $25,000 — is the next stop. You do not need perfect English or a lawyer for this; the statute does the arguing. Fill in the blanks below, send it by certified mail, and keep a copy — the letter that cites the actual law is the one that gets answered.
[Date]
[Your former landlord's name]
Re: Demand for return of security deposit — [Rental property address]
Dear [Your former landlord's name],
I am writing to formally demand the return of my security deposit of [Deposit amount] for the property at [Rental property address], which I have vacated and returned to your possession.
Under Delaware Code, Title 25, section 5514 (Security deposit) (25 Del. C. § 5514), you were required to return my security deposit, or provide a written itemized statement of any lawful deductions, within 20 days. Yes — an itemized list of damages with the estimated cost of repair for each must be provided within the same 20-day window, and failing to send it constitutes a statutory acknowledgment that no payment for damages is due. Deductions for normal wear and tear are not permitted.
As of the date of this letter, I have received neither my deposit nor a lawful accounting for it. Please send the full amount of [Deposit amount] to my forwarding address: [Forwarding address for payment].
If I do not receive payment or a lawful written response within 10 days, I will file a claim in small claims court, where Delaware law allows claims up to $25,000, and I will pursue every remedy available under 25 Del. C. § 5514, including any statutory damages for wrongful retention.
I would prefer to resolve this without litigation. Prompt payment will close the matter.
Sincerely,
[Your full name]
Know your rights
Security deposit law in Delaware
- Return deadline
- 20 days
- Governing statute
- 25 Del. C. § 5514
- When the clock starts
- The 20-day clock runs from the expiration or termination of the rental agreement. Within that window the landlord must either remit the full deposit or send an itemized list of damages with the estimated cost of repair for each, plus any balance owed.
- Itemized deductions
- Yes — an itemized list of damages with the estimated cost of repair for each must be provided within the same 20-day window, and failing to send it constitutes a statutory acknowledgment that no payment for damages is due.
- If it's wrongfully kept
- Failure to remit the deposit or the itemized-list balance within 20 days entitles the tenant to double the amount wrongfully withheld. Separately, failing to disclose the escrow account's location within 20 days of a written request (or to keep the deposit in a federally insured Delaware-office bank) forfeits the deposit to the tenant — and double the deposit is owed if it still isn't returned within 20 days of that forfeiture.
- Small claims limit
- $25,000 (Justice of the Peace Court)
Worth knowing: Delaware caps deposits at one month's rent on leases of a year or longer, and pet deposits at one additional month regardless of lease length. The deposit must sit in a segregated escrow account at a federally insured bank with a Delaware office, and the landlord must disclose its location. Give your forwarding address in writing at or before move-out: without it the landlord is relieved of the notice duty and you lose the double-damages leverage, though you can still claim the unused deposit itself for up to one year after termination.
Last reviewed August 2026 · General information, not legal advice · Read the statute
Field notes
Three tips before you send
- Send it by certified mail with a return receipt — that dated record is the first exhibit a Delaware small claims judge will ask about. Keep a copy with your move-out photos and lease.
- The 20-day clock runs from the expiration or termination of the rental agreement. Within that window the landlord must either remit the full deposit or send an itemized list of damages with the estimated cost of repair for each, plus any balance owed.
- If the deadline has already passed, skip the text-message negotiation. Filing in small claims ($25,000 (Justice of the Peace Court)) usually costs under $75, and most landlords pay between the summons and the hearing.
Other states
Deposit letters for every state
Straight answers
Questions people ask
How long does a landlord have to return a security deposit in Delaware?
The 20-day clock runs from the expiration or termination of the rental agreement. Within that window the landlord must either remit the full deposit or send an itemized list of damages with the estimated cost of repair for each, plus any balance owed. The governing statute is Delaware Code, Title 25, section 5514 (Security deposit). Yes — an itemized list of damages with the estimated cost of repair for each must be provided within the same 20-day window, and failing to send it constitutes a statutory acknowledgment that no payment for damages is due.
What can I recover if my landlord wrongfully keeps my deposit in Delaware?
Failure to remit the deposit or the itemized-list balance within 20 days entitles the tenant to double the amount wrongfully withheld. Separately, failing to disclose the escrow account's location within 20 days of a written request (or to keep the deposit in a federally insured Delaware-office bank) forfeits the deposit to the tenant — and double the deposit is owed if it still isn't returned within 20 days of that forfeiture. These cases are built for small claims court — the Delaware limit is $25,000 (Justice of the Peace Court), filing fees are modest, and no lawyer is needed.
Anything else Delaware renters should know about deposits?
Delaware caps deposits at one month's rent on leases of a year or longer, and pet deposits at one additional month regardless of lease length. The deposit must sit in a segregated escrow account at a federally insured bank with a Delaware office, and the landlord must disclose its location. Give your forwarding address in writing at or before move-out: without it the landlord is relieved of the notice duty and you lose the double-damages leverage, though you can still claim the unused deposit itself for up to one year after termination.
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