Sources checked:
Quick answer. Delaware: deposit capped at 1 month of rent; deposit returned within 20 days; 60-day notice to end month-to-month; 5-day notice for unpaid rent; 48-hour entry notice; $40 eviction filing fee; $25,000 small claims limit. 15 of 23 items are confirmed on official pages; 8 are marked not confirmed, with the page to check.
Key numbers
- Deposit limit
- 1 month's rent
- Deposit back within
- 20 days
- Month-to-month notice (landlord)
- 60 days
- Unpaid rent notice
- 5 days
- Entry notice
- 48 hours
- Filing fee
- $40
- Judgment to writ
- 10 days
- Small claims limit
- $25,000
Security deposit (5 of 6 confirmed)
Law read: 25 Del. C. 5514.
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ConfirmedDeposit limit
For leases of one year or more, no more than one month's rent (furnished units have no limit). On month-to-month or undefined terms, more may be charged, but the excess is returned after one year. A separate pet deposit of up to one month's rent (5514(a)).
Source: Delaware Department of Justice, Consumer Protection Unit: A Summary of the Delaware Residential Landlord-Tenant Code (revised October 2024), checked November 2026
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ConfirmedReturn deadline
Within 20 days after the lease ends: the full deposit, or an itemized list of damages with repair costs and any balance (5514(f)).
Source: Delaware Department of Justice, Consumer Protection Unit: A Summary of the Delaware Residential Landlord-Tenant Code (revised October 2024), checked November 2026
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ConfirmedItemized list of deductions
An itemized list of damages with the cost of repair; without it the full deposit is returned (5514(f)). The tenant gives a forwarding address in writing before leaving.
Source: Delaware Department of Justice, Consumer Protection Unit: A Summary of the Delaware Residential Landlord-Tenant Code (revised October 2024), checked November 2026
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Not confirmedInterest on the deposit
Not confirmed — check Delaware Department of Justice, Consumer Protection Unit: A Summary of the Delaware Residential Landlord-Tenant Code (revised October 2024). Not confirmed from official text. Check 25 Del. C. 5514.
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ConfirmedWhere the deposit is held
In a security deposit account at a federally insured bank in Delaware, not used in running the business; the account's location is disclosed within 20 days of a written request or the deposit is forfeited (5514(b)).
Source: Delaware Department of Justice, Consumer Protection Unit: A Summary of the Delaware Residential Landlord-Tenant Code (revised October 2024), checked November 2026
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ConfirmedPenalty the law states
Double the amount wrongfully withheld (5514(h)).
Source: Delaware Department of Justice, Consumer Protection Unit: A Summary of the Delaware Residential Landlord-Tenant Code (revised October 2024), checked November 2026
More: Security deposit rules by state · Deposit return deadline calculator
Notice periods (5 of 6 confirmed)
What the official text says about each notice. Cities and counties can add their own notice, just-cause or rent rules. Check local rules too.
| Notice | Rule | Source |
|---|---|---|
| Ending month-to-month (landlord) | 60 days' written notice; for a month-to-month lease the 60 days begin on the first day of the month after notice is given. Either side. | Source: Delaware Department of Justice: Summary of the Residential Landlord-Tenant Code (October 2024), checked November 2026 (25 Del. C. 5106; 5108) |
| Ending month-to-month (tenant) | 60 days' written notice; for a month-to-month lease the 60 days begin on the first day of the month after notice is given. Either side. | Source: Delaware Department of Justice: Summary of the Residential Landlord-Tenant Code (October 2024), checked November 2026 (25 Del. C. 5106; 5108) |
| Rent increase notice | Not confirmed — check Delaware Department of Justice: Summary of the Residential Landlord-Tenant Code (October 2024). The summary gives 60 days' notice before expiration when a lease is renewed on changed terms, but no separate rent increase rule. Check 25 Del. C. 5107. | |
| Unpaid rent notice | The notice must give at least 5 days to pay from the date it was given or sent. | Source: Delaware Department of Justice: Summary of the Residential Landlord-Tenant Code (October 2024), checked November 2026 (25 Del. C. 5502) |
| Entry notice | 48 hours' notice of intent to enter for any purpose, except repairs the tenant asked for and emergencies. | Source: Delaware Department of Justice: Summary of the Residential Landlord-Tenant Code (October 2024), checked November 2026 (25 Del. C. 5509; 5510) |
| Late fee limits | No more than 5% of monthly rent, and not until five days after the due date. | Source: Delaware Department of Justice: Summary of the Residential Landlord-Tenant Code (October 2024), checked November 2026 (25 Del. C. 5501; 5502(a)) |
More: Notice periods by state · Notice date calculator
Eviction case, in order (4 of 10 confirmed)
- Notice before filing The written notice comes first; its length is in the notice table above.
Unpaid rent: The notice must give at least 5 days to pay from the date it was given or sent.
- Filing the case Where the case goes and what it costs to start.
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ConfirmedCourt
Landlord-tenant (summary possession) cases are tried in the Justice of the Peace Court.
landlord/tenant disputes are tried in the Justice of the Peace Court.
Source: Delaware Courts: How to File and Defend a Civil Claim in the Justice of the Peace Court, checked November 2026
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ConfirmedFiling fee
$40 for a landlord-tenant case (the booklet's fee table; it carries no date, so confirm before filing).
Filing Fee for Landlord/Tenant $40
Source: Delaware Courts: How to File and Defend a Civil Claim in the Justice of the Peace Court, checked November 2026
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- The tenant's answer or appearance
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Not confirmedTime to answer or appear
Not confirmed — check Delaware Courts: Civil Court Proceedings, Justice of the Peace Court. Not confirmed on an official page we opened.
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- Hearing or trial
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Not confirmedHearing after filing
Not confirmed — check Delaware Courts: Civil Court Proceedings, Justice of the Peace Court. Not confirmed on an official page we opened.
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- Judgment and the writ The order that lets the officer act.
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ConfirmedJudgment to writ
The writ of possession can't issue for 10 days after judgment unless an appeal is filed; the landlord must ask for it within 30 days.
A writ of possession may not issue for 10 days following judgment, unless an appeal has been filed.
Source: Delaware Courts: Justice of the Peace Court Glossary of Legal Terms, checked November 2026
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- Lockout Carried out by an officer, not by either side.
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Not confirmedWrit to lockout
Not confirmed — check Delaware Courts: Civil Court Proceedings, Justice of the Peace Court. Not confirmed on an official page we opened.
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ConfirmedWho carries out the lockout
A constable carries out the writ of possession.
A court order that authorizes a constable to remove unlawful persons from a property
Source: Delaware Courts: Justice of the Peace Court Glossary of Legal Terms, checked November 2026
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- Along the way Paying to stop the case, counsel and diversion programs.
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Not confirmedPaying to stop the case
Not confirmed — check Delaware Courts: Civil Court Proceedings, Justice of the Peace Court. Not confirmed on an official page we opened.
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Not confirmedRight to counsel (statewide)
Not confirmed — check Delaware Courts: Civil Court Proceedings, Justice of the Peace Court. Not confirmed on an official page we opened.
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Not confirmedDiversion or mediation (statewide)
Not confirmed — check Delaware Courts: Civil Court Proceedings, Justice of the Peace Court. Not confirmed on an official page we opened.
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Either side has five business days after the judgment to ask for an appeal, and a cash bond may be required to keep the eviction from going ahead.
More: Eviction process timeline by state · Eviction timeline estimator
Deposit disputes: small claims
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ConfirmedSmall claims limit (for a deposit dispute)
$25,000: the most a small claims case can ask for.
The Justice of the Peace Court may not award more than $25,000. It can't hear personal injury or mental anguish claims.
Source: Delaware Courts: How to Start a Civil Action in the Justice of the Peace Court, checked November 2026
More: Delaware small claims court
Still to confirm
- Interest on the deposit: check Delaware Department of Justice, Consumer Protection Unit: A Summary of the Delaware Residential Landlord-Tenant Code (revised October 2024)
- Rent increase notice: check Delaware Department of Justice: Summary of the Residential Landlord-Tenant Code (October 2024)
- Time to answer or appear: check Delaware Courts: Civil Court Proceedings, Justice of the Peace Court
- Hearing after filing: check Delaware Courts: Civil Court Proceedings, Justice of the Peace Court
- Writ to lockout: check Delaware Courts: Civil Court Proceedings, Justice of the Peace Court
- Paying to stop the case: check Delaware Courts: Civil Court Proceedings, Justice of the Peace Court
- Right to counsel (statewide): check Delaware Courts: Civil Court Proceedings, Justice of the Peace Court
- Diversion or mediation (statewide): check Delaware Courts: Civil Court Proceedings, Justice of the Peace Court
Delaware kit
Delaware Landlord Compliance Kit
This page as a printable checklist with every source link and check date, a move-in and move-out deposit checklist with the Delaware return deadline, a notice calendar, an eviction timeline sheet, and an Excel workbook with a tenant notice log, a deposit tracker that works out the return date, and a rent ledger.
Kits for any state: Security Deposit Kit for Landlords and Tenants ($15) · Landlord-Tenant Notice Organizer ($15) · Eviction Case File Organizer ($15)
General information, not legal advice. We are not lawyers, and MCC Solutions is not a law firm. The same rules apply whichever side of the lease you are on; this page describes them and doesn't take a side. Rules change, cities and counties can add their own, a lease can add terms, and the official source has the final word.
Common questions
How much can a security deposit be in Delaware?
For leases of one year or more, no more than one month's rent (furnished units have no limit). On month-to-month or undefined terms, more may be charged, but the excess is returned after one year. A separate pet deposit of up to one month's rent (5514(a)).
How long does a Delaware landlord have to return a deposit?
Within 20 days after the lease ends: the full deposit, or an itemized list of damages with repair costs and any balance (5514(f)). What goes with it: An itemized list of damages with the cost of repair; without it the full deposit is returned (5514(f)). The tenant gives a forwarding address in writing before leaving.
How much notice ends a month-to-month tenancy in Delaware?
From the landlord: 60 days' written notice; for a month-to-month lease the 60 days begin on the first day of the month after notice is given. Either side. From the tenant: 60 days' written notice; for a month-to-month lease the 60 days begin on the first day of the month after notice is given. Either side.
What notice comes before an unpaid-rent case in Delaware?
The notice must give at least 5 days to pay from the date it was given or sent.
How much notice before a landlord enters a rental in Delaware?
48 hours' notice of intent to enter for any purpose, except repairs the tenant asked for and emergencies.
How long does an eviction case take in Delaware?
Judgment to writ: 10 days. These are the stated rules; the court's calendar often takes longer.
What does it cost to file an eviction case in Delaware?
$40 for a landlord-tenant case (the booklet's fee table; it carries no date, so confirm before filing).
Related: Landlord rules by state · Kits for landlords