What Delaware requires
- Within 20 days after the rental agreement ends or expires, the landlord gives the tenant an itemized list of damages to the premises with the estimated cost of repair for each, and pays the difference between the security deposit and those costsDelaware Code, Title 25, s. 5514 (f)
- Notices and the deposit go to the tenant at the address in the rental agreement, or at a forwarding address the tenant gives in writing by the end of the tenancy. Without such an address the landlord is relieved of the notice and of the double-damages liability, but still owes any unused deposit if the tenant claims it in writing within 1 yearDelaware Code, Title 25, s. 5514 (h)
- A tenant who accepts a payment sent with the itemized list agrees to the damages as listed, unless they object in writing to the amount withheld within 10 days of receiving itDelaware Code, Title 25, s. 5514 (f)
- For damage, the security deposit reimburses the landlord for actual damage caused to the premises by the tenant which exceeds normal wear and tear, or which cannot be corrected by painting and ordinary cleaningDelaware Code, Title 25, s. 5514 (c) (1)
- Normal wear and tear means the deterioration in the condition of a property or premises by its ordinary and reasonable useDelaware Code, Title 25, s. 5141 (23)
- Not returning the deposit, or the difference between the deposit and the listed damages, within 20 days after the rental agreement ends entitles the tenant to double the amount wrongfully withheldDelaware Code, Title 25, s. 5514 (g) (1)
- Damage caused by an animal is deducted from the pet deposit first, and from the security deposit only where the pet deposit is not enough; the 20-day itemized list applies to the pet deposit tooDelaware Code, Title 25, s. 5514 (i) (1)
- Where the tenant bought a surety bond instead of paying a deposit, the landlord still gives the itemized list of damages with estimated repair costs within 20 days, and a tenant who does not object within 10 days of receiving it agrees to the damages listedDelaware Code, Title 25, s. 5514A (h)
The 20-day itemized list
Within 20 days after the rental agreement ends or expires, give the tenant an itemized list of damages to the premises with the estimated cost of repair for each, and pay the difference between the security deposit and those costs.
What the deposit can cover
For damage, the deposit reimburses actual damage the tenant caused that exceeds normal wear and tear, or that cannot be corrected by painting and ordinary cleaning. Normal wear and tear is the deterioration of a property by its ordinary and reasonable use.
The tenant's 10 days to object
A tenant who accepts a payment sent with the itemized list agrees to the damages as listed, unless they object in writing to the amount withheld within 10 days of receiving it.
Addresses, pets and surety bonds
Notices and the deposit go to the address in the rental agreement, or to a forwarding address the tenant gives in writing by the end of the tenancy. Without such an address the landlord is relieved of the notice and the double-damages liability, but still owes any unused deposit claimed in writing within 1 year.
Damage caused by an animal comes out of the pet deposit first, and the 20-day list applies to the pet deposit too. Where the tenant bought a surety bond instead of paying a deposit, the 20-day itemized list still applies.
The penalty
Not returning the deposit, or the difference after the listed damages, within 20 days after the rental agreement ends entitles the tenant to double the amount wrongfully withheld.
Common mistakes
- Charging for something painting and ordinary cleaning would fix.
- Sending a total without the estimated cost of each repair.
- Taking animal damage from the security deposit before the pet deposit.
- Missing day 20 and owing double what was withheld.
Sources
- Delaware Code, Title 25, s. 5514 (f), checked October 9, 2026
- Delaware Code, Title 25, s. 5514 (h), checked October 9, 2026
- Delaware Code, Title 25, s. 5514 (c) (1), checked October 9, 2026
- Delaware Code, Title 25, s. 5141 (23), checked October 9, 2026
- Delaware Code, Title 25, s. 5514 (g) (1), checked October 9, 2026
- Delaware Code, Title 25, s. 5514 (i) (1), checked October 9, 2026
- Delaware Code, Title 25, s. 5514A (h), checked October 9, 2026
Last reviewed October 23, 2026. Next review due January 23, 2027. This page explains published rules to help you write your report. It is not legal advice; the official text linked above governs.