Delaware Deposit Itemization Law at a Glance
Governing Statute
Del. Code tit. 25, §5514 — Security Deposits
Itemization Requirement
Your landlord must provide an itemized statement of deductions within 20 calendar days after termination of tenancy.
Allowable Deductions
Unpaid rent, damage to unit beyond normal wear and tear, costs of reletting if tenant breached lease. Landlord cannot deduct for normal wear and tear.
Normal Wear & Tear
Deterioration that occurs from the normal use of the dwelling unit and its contents.
Penalty for Wrongful Withholding
If your landlord wrongfully withholds your deposit or fails to provide proper itemization, you may be entitled to double the amount wrongfully withheld plus court costs under Del. Code tit. 25, §5514(g).
Key Facts
- Maximum deposit: 1 month rent (no pet deposit allowed in excess)
- Itemization required: Within 20 calendar days
- Small claims limit: $25,000
Additional Protections
- Landlord must return deposit within 20 days
- Failure to provide itemization forfeits right to retain any portion
What Your Delaware Dispute Letter Includes
Every letter is built from Delaware's actual statute — not a generic template.
Itemization Requirements
Del. Code tit. 25, §5514 cited by section number. Your landlord sees you know the specific rules they must follow.
Disputed Deductions
Each disputed charge identified with your specific reasons, tied to Delaware law.
Wear & Tear Standard
Deterioration that occurs from the normal use of the dwelling unit and its contents...
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Delaware Deposit Itemization FAQ
What are the security deposit itemization requirements in Delaware?
Under Del. Code tit. 25, §5514, your landlord is required to provide an itemized statement of deductions within 20 calendar days after termination of tenancy. The itemization must list each deduction, the amount, and the reason.
What deductions can my Delaware landlord legally take from my deposit?
In Delaware, allowable deductions are limited to: Unpaid rent, damage to unit beyond normal wear and tear, costs of reletting if tenant breached lease. Your landlord cannot deduct for normal wear and tear.
What counts as normal wear and tear in Delaware?
In Delaware: Deterioration that occurs from the normal use of the dwelling unit and its contents. Examples include minor scuffs on walls, worn carpet from foot traffic, faded paint, and small nail holes.
What happens if my Delaware landlord wrongfully withholds my deposit?
If your landlord wrongfully withholds your deposit or fails to provide proper itemization, you may be entitled to double the amount wrongfully withheld plus court costs under Del. Code tit. 25, §5514(g). You can pursue this in small claims court.
Can I sue my landlord in small claims court in Delaware?
Yes. Delaware small claims court handles cases up to $25,000. Security deposit disputes are one of the most common small claims cases.
Do I need a lawyer to dispute deposit deductions in Delaware?
No. A dispute letter is a formal written challenge, not a lawsuit. You can send one yourself. Our tool generates a Delaware-specific dispute letter citing Del. Code tit. 25, §5514 and your state's itemization requirements so your landlord knows you understand your rights.
Deposit Itemization Dispute Letters by State
Select your state to see your specific rights and generate your letter.