Security deposit law in Delaware

The rule in Delaware

Delaware limits a residential security deposit to 1 month's rent on leases of 1 year or more. The wording in 25 Del. C. § 5514(a)(2), (e): “No landlord may require a security deposit in excess of 1 month's rent where the rental agreement is for 1 year or more..”

The return deadline is 20 days, counted from the expiration or termination of the rental agreement. The text reads: “remit the security deposit within 20 days of the expiration or termination of the rental agreement.”

Of the 44 jurisdictions verified here, 6 give landlords less time and 35 give more; the median is 30 days. Arizona and Rhode Island also allow 20 days.

What the cap means in dollars: $1,000 rent: up to $1,000, $1,500 rent: up to $1,500 and $2,000 rent: up to $2,000.

Worked date: if the clock starts on November 30, 2026, the deadline falls on December 20, 2026.

In neighbouring states with verified rules: Maryland allows 45 days and caps deposits at one month's rent, New Jersey allows 30 days and caps deposits at one and a half months' rent and Pennsylvania allows 30 days and caps deposits at two months' rent.

The cap does not apply to furnished units (§ 5514(a)(4)), and § 5514(a)(3) has a separate rule for month-to-month tenancies that have lasted a year.

If a deposit is not returned, the small claims limit in Delaware is $25,000 (small claims rules); at the cap, a full-deposit claim fits whenever rent is $25,000 a month or less.

Source: Delaware Code, Title 25 Chapter 55 · last checked October 20, 2026.

If the deposit does not come back

The statute above sets the deadline; what happens after it passes is covered in general terms in the guide on a deposit that is not returned, and the way each state starts and counts the clock is compared in how deposit deadlines are counted.