One month's rent. The return rule is 20 days. The controlling text is Del. Code tit. 25 § 5514.
Shared move-in, deduction, and refund workflow: the national state-law hub.
Delaware's deposit ceiling
One month's rent.
The one-month cap applies to a lease of one year or longer. For month-to-month tenancies there is no cap in the first year, and pet deposits may be charged on top.
Delaware's return deadline
20 days.
You have 20 days after the tenancy ends to return the deposit or deliver an itemized list of damages with whatever balance is owed. It is one of the tightest windows in the country, so the inspection cannot wait until the end of the month.
The itemized statement rule
An itemized list of damages is required whenever you keep any part of the deposit. Failing to send it within 20 days forfeits your claim to the withheld amount.
Where the deposit must be held
Deposits must be held in a federally insured account in Delaware, and you must disclose the institution to the tenant.
Exposure for wrongful withholding
Up to 2x wrongfully withheld.
A landlord who wrongfully withholds is liable for double the amount improperly retained. The 20-day clock and the disclosure of where the money sits are both strict, so calendar them the day notice arrives.
Compare Delaware with neighboring states
- Maryland: one month's rent; return rule: 45 days.
- Pennsylvania: two months' rent (first year); return rule: 30 days.
- New Jersey: one and a half months' rent; return rule: 30 days.
Verified against Del. Code tit. 25 § 5514 and official state sources in July 2026. Before withholding money, check the current statute text or ask a local landlord-tenant attorney. General information, not legal advice.