Security Deposit Laws in Delaware
Delaware caps security deposits at one month's rent for leases of a year or more, requires return or an itemized list within 20 days after the lease ends, and requires 48 hours' notice before landlord entry.
Last checked . General information, not legal advice.
Delaware at a glance
- Security deposit limit
- 1 month's rent
- 1 month's rent for leases of 1 year or more (and month-to-month tenancies after 1 year); no cap for furnished units
- Deposit return deadline
- 20 days
- 20 days after expiration or termination of the rental agreement
- Interest on deposits
- Not required by state law
- Some cities have their own interest rules
- Notice before landlord entry
- 48 hours
- 48 hours' notice
The rules in Delaware
How much can a landlord charge for a security deposit in Delaware?
Delaware limits security deposits to 1 month's rent for leases of 1 year or more (and month-to-month tenancies after 1 year); no cap for furnished units.
How long does a landlord have to return a security deposit in Delaware?
Delaware rule: 20 days after expiration or termination of the rental agreement.
Does a landlord have to pay interest on a security deposit in Delaware?
No. Delaware state law does not require landlords to pay interest on security deposits. Some cities have their own rules.
How much notice must a landlord give before entering a rental in Delaware?
Delaware rule: 48 hours' notice.
Where do the Delaware rules for residential leases come from?
They come from 25 Del. C. Chapter 55. We last checked them in October 2026. Laws change, so check the current statute before you rely on it.
How Delaware compares
Delaware is one of 30 jurisdictions that cap deposits by law. Its 20-day return deadline is shorter than the most common deadline of 30 days; 7 jurisdictions require a faster return.
What this means in practice
Landlords: state the deposit amount, where it is held and how it will be returned in the lease, and send the refund with any deductions in writing within the deadline.
Tenants: record the unit's condition with photos and a move-in checklist, keep your receipts, and give the landlord a forwarding address in writing when you move out.
Both sides: normal wear and tear is generally not deductible. Disputes over deductions usually go to small claims court.
General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.