Delaware Security Deposit
Delaware Security Deposits

Tenant Screening | Join RentLaw.com

 
In Rentlaw
Real Estate School
Contact Rentlaw.com
RentLaw on Linkedin

DELAWARE SECURITY DEPOSITS

In Delaware "security deposit" means any deposit, not including a pet deposit, that a tenant gives to the landlord and the landlord holds for any part of the duration of the rental agreement. 

A "pet deposit" means any deposit held by the landlord because the tenant keeps an animal in a rental unit.  The MAXIMUM  DELAWARE PET DEPOSIT is one month's rent.

If the landlord requires a tenant to pay a fee to determine the tenant's credit worthiness (see our tenant screening service) , this fee is called an "application fee." It is illegal for the prospective landlord or owner of the rental unit to ask for any "assurance money" or other payment which is not an application fee, security deposit, or pet deposit.

SECURITY DEPOSIT AMOUNT 

FOR LEASES of ONE YEAR OR MORE or MONTH TO MONTH OVER ONE YEAR: ONE MONTH RENT. However, the landlord may require a security deposit in excess of one month's rent for a furnished rental unit, rental of certain federally-assisted housing and where the tenancy is expected to last less than one year.

Preventative Steps to Take to Ensure a Deposit Return The chances of receiving return of the deposit will be increased if the following suggestions are also followed:
Give your landlord your forwarding address in writing as soon as you move out. Until you do, your landlord may  not have to return your security deposit! (they should mail it to your last know address) If you don’t know where you will be moving, give the landlord an address at which you will receive mail. Send your new (forwarding) address by certified mail with return receipt requested through the US Post Office so you have proof your letter was sent.
Move-in Inventory Inspection. When you move in your home or apartment, make a list and take photos of the apartment and any damage. Typically, you should do a walk through with the owner or manager prior to moving in. Get them to sign an acknowledgement of the damage and note what (if anything) will be done. This will help you when you move out.

Move-Out Notice.
A lease may require that the tenant give the landlord 30 days written notice prior to move-out in order to get the security deposit back. Even if the lease does not require it, notify the landlord  prior to moving.

Move-out Inventory Inspection. When the tenant prepares to move, the apartment or home should be cleaned and the landlord asked to appear for a move out inspection. The tenant should fill out another inventory form, similar to the move-in inventory. Ideally, you should have a copy of the original move in form - for both your use and the landlord.

Turn in the Keys. The keys should be turned in on the exact day the tenant vacates the premises. If the keys are turned in later, the landlord may be able to charge the tenant additional rent or other charges under the lease. A tenant's actual move out date is often considered to be when the keys are turned in.

What Can the Landlord Deduct from the Security Deposit?
A landlord cannot legally deduct for normal wear and tear. This refers to deterioration which occurs during regular, daily, intended use of the rental unit, for example nail holes in the walls from pictures or paintings. See our guide.

Deductions from the Security Deposit
If the landlord makes any deductions from the deposit, a written, itemized accounting of how much is being charged for each item must be sent to the tenant. 

If you gave your landlord a forwarding address in writing, your landlord must do one of the following within 20 days after you move out:

  • Return your full security deposit plus any interest; or

  • Send you an itemized written statement of expenses deducted from your security deposit, along with the balance of your deposit and interest.

How to Dispute Deposit Deductions - Find Delaware Lawyers 
If a tenant receives a list of deductions, it is possible to dispute items on that list. The deductions should be addressed by the tenant in a letter sent to the landlord. The demand letter should include a response to each of the deductions, explaining which charges are being disputed and why. The tenant should keep a copy of the letter and send the original by certified mail, return receipt requested.

If the tenant receives a partial refund along with the list of deductions and wants to dispute some or all of the deductions, the tenant may want to refrain from cashing the check. If the tenant must cash the check then the tenant should tell the landlord in the letter that even though the check has been cashed, it does not mean the tenant agrees with the amount of the check.

Have a Tenant Credit Application ?
Use our Popular Tenant Screening Tool For Small Landlords

RentLaw.com Tenant Screening Service

Deposits

Renters Insurance
Apartment Condo Home
Details
 


 

RentLaw.com
Tenant Screening
Tenant Credit Report
No Setup Fee
No Inspection

Criminal & Credit Report, Sex Offender and more

Details

ADVERTISE HERE RentLaw.com 732-539-2914