Delaware Security Deposit Demand Letter
In Delaware a landlord must send an itemized list of damages and return the balance within 20 days after the lease ends. Miss that, and the landlord is deemed to owe no damages and can face double the amount wrongfully withheld. Attorney review available.
Introduction
A security deposit demand letter is a written demand a Delaware tenant sends a former landlord to recover a security deposit that has not been returned, before filing in court. In Delaware, within 20 days after the termination or expiration of the rental agreement, the landlord must give the tenant an itemized list of damages to the premises and the estimated cost of repair for each, and must pay the difference between the deposit and those costs (25 Del. C. Section 5514(f)). If the landlord fails to do this within 20 days, that failure is an acknowledgment that no payment for damages is due, so the full deposit must be returned. A landlord may charge the deposit only for actual damages beyond normal wear and tear or not correctable by painting and ordinary cleaning, for rental arrearage including late charges, and for reasonable expenses of re-renting after a premature termination by the tenant (Section 5514(c)); the landlord may not charge for normal wear and tear. For a lease of one year or more, the deposit may not exceed one month's rent (Section 5514(a)). If the landlord fails to remit the deposit, or the difference after the list of damages, within 20 days, the tenant is entitled to double the amount wrongfully withheld (Section 5514(g)(1)). If the demand is ignored, a Delaware tenant can sue in the Justice of the Peace Court, whose civil jurisdiction reaches $25,000 (10 Del. C. Section 9301), and the deadline to sue on a contract is three years (10 Del. C. Section 8106). DocDraft builds your Delaware security deposit demand letter from your facts, with attorney review available before you send it.
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Key Things to Know
- 1
A security deposit demand letter is a written demand a Delaware tenant sends a former landlord to recover a deposit withheld past the state deadline, before taking the landlord to the Justice of the Peace Court.
- 2
Within 20 days after the rental agreement ends, the landlord must give the tenant an itemized list of damages to the premises and the estimated cost of repair for each, and pay the difference between the deposit and those costs (25 Del. C. Section 5514(f)).
- 3
If the landlord fails to provide that itemized list within 20 days, the failure is an acknowledgment that no payment for damages is due, so the full deposit must be returned (25 Del. C. Section 5514(f)).
- 4
A landlord who fails to remit the deposit, or the difference after the list of damages, within 20 days is liable to the tenant for double the amount wrongfully withheld (25 Del. C. Section 5514(g)(1)).
- 5
A landlord may charge the deposit only for actual damages beyond normal wear and tear or not correctable by painting and ordinary cleaning, for rental arrearage including late charges, and for reasonable re-renting expenses after a premature termination by the tenant (25 Del. C. Section 5514(c)).
- 6
A landlord may not charge the deposit for normal wear and tear or for conditions that can be corrected by painting and ordinary cleaning, and for a lease of one year or more may not require a deposit greater than one month's rent (25 Del. C. Section 5514(a), (c)).
- 7
If the demand is ignored, a Delaware tenant can sue in the Justice of the Peace Court, whose civil jurisdiction reaches $25,000 (10 Del. C. Section 9301); the deadline to sue on a contract is three years (10 Del. C. Section 8106).
Key decisions before you file
Before you file a Security Deposit Demand Letter in Delaware, a few decisions shape the document: which option to choose and what each one means. The Security Deposit Demand Letter guide walks through them.
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Delaware Requirements for Security Deposit Demand Letter
20-Day Itemized List and Return
In Delaware, within 20 days after the rental agreement ends, the landlord must give the tenant an itemized list of damages to the premises and the estimated cost of repair for each, and pay the difference between the deposit and those costs (25 Del. C. Section 5514(f)). Your demand letter should note that this deadline has passed.
Missed Deadline Forfeits the Claim
If the landlord fails to provide the itemized list of damages within 20 days, that failure is an acknowledgment that no payment for damages is due, so the full deposit must be returned (25 Del. C. Section 5514(f)). A demand letter can point out that the landlord missed the deadline and now owes the entire deposit.
Double the Amount Wrongfully Withheld
A landlord who fails to remit the deposit, or the difference between the deposit and the itemized list of damages, within 20 days of the end of the rental agreement is liable to the tenant for double the amount wrongfully withheld (25 Del. C. Section 5514(g)(1)). The remedy turns on the 20-day failure, not on proof of bad faith.
Permitted Deductions
A landlord may charge the deposit only for actual damages beyond normal wear and tear or not correctable by painting and ordinary cleaning, for rental arrearage including late charges and rent due for premature termination or abandonment, and for reasonable expenses of renovating and re-renting caused by the tenant's premature termination (25 Del. C. Section 5514(c)).
No Charge for Normal Wear and Tear
The landlord may not charge the deposit for normal wear and tear, or for conditions that can be corrected by painting and ordinary cleaning (25 Del. C. Section 5514(c)). Charges for ordinary use, such as minor scuffs or routine cleaning, are improper and can be disputed in the demand.
One-Month Deposit Cap for Longer Leases
For a rental agreement of one year or more, a Delaware landlord may not require a security deposit greater than one month's rent (25 Del. C. Section 5514(a)). Amounts collected above that cap for such a lease can be raised in your demand.
Send With Proof of Delivery and a Forwarding Address
Send the demand to the landlord using a trackable method such as certified mail with return receipt, and provide your forwarding address so the landlord can remit payment. Keep a copy of the letter and the delivery record for a later filing in the Justice of the Peace Court.
Court Limit and Deadline to Sue
If the demand is ignored, a Delaware tenant can sue in the Justice of the Peace Court, whose civil jurisdiction reaches $25,000 (10 Del. C. Section 9301). The deadline to sue on a contract such as a written lease is three years (10 Del. C. Section 8106), though filing promptly after the demand is the practical course.