Short answer: In Delaware, your landlord's policy doesn't cover your belongings or liability. Under 25 Del. C. §5514, a security deposit can't exceed one month's rent for a lease of one year or more, or for a month-to-month tenancy that has lasted a year. Within 20 days after the lease ends, the landlord must send an itemized list of damages with the balance. If they don't, it's treated as an acknowledgment that no damages are owed. You have 10 days after receiving a partial payment to object in writing.
This guide is general information for Delaware renters. It isn't legal advice, and local ordinances can add rules. Your lease and policy wording control.
Your landlord's policy covers the building, not your belongings or liability. A renters policy (HO-4) covers personal property, personal liability and loss of use; flood is generally excluded (see FloodSmart). Coverage basics: renters insurance. Roommates: whether renters insurance covers roommates. Liability: how much renters liability coverage you need.
Step 1: Deposit, pet deposit and surety bond limits
Under 25 Del. C. §5514:
- No more than one month's rent for a lease of one year or more, or for a month-to-month or open-ended tenancy that has lasted a year (any excess must be credited back). Furnished units are excepted.
- A pet deposit can't exceed one month's rent and can't be charged for a certified, trained support animal for a disabled resident.
- Deposits must be held in a federally insured bank with a Delaware office, and the landlord must disclose where.
Under §5514A, you may buy a surety bond instead of a deposit, but the landlord can't require one. The surety must disclose in writing that the bond is not insurance for you. It protects the landlord, and you may have to reimburse the surety. A renters policy is what protects your belongings and liability.
Step 2: The 20-day return
- Within 20 days after the lease ends, the landlord must give you an itemized list of damages with estimated repair costs and pay the balance. Failing to do so counts as an acknowledgment that no damages are due.
- Accepting the payment counts as agreement unless you object in writing within 10 days of receiving it.
- Failing to remit on time entitles you to double the amount wrongfully withheld.
- Give a written forwarding address at or before move-out. Without it, the landlord isn't liable for double damages, though you can still claim any unused deposit in writing within one year.
Step 3: Coastal flood
Delaware's beach and river communities face coastal flooding. Flood is generally excluded from renters policies; renters can buy NFIP contents coverage through FloodSmart.
Questions? Contact Alishahi Insurance or call (877) 711-4545. See insurance in Delaware.
Frequently asked questions
What's the maximum security deposit in Delaware?
One month's rent for leases of a year or more, or month-to-month tenancies that have lasted a year, under 25 Del. C. §5514. Furnished units are excepted.
How long does a Delaware landlord have to return my deposit?
Within 20 days after the lease ends, with an itemized list of damages.
How long do I have to object to Delaware deposit deductions?
Within 10 days after receiving the payment and list, in writing.
Is a Delaware deposit surety bond insurance for me?
No. The law requires the surety to disclose that the bond isn't insurance for the tenant.
Alishahi Insurance · 439 N Canon Dr, Penthouse, Beverly Hills, CA 90210 · (877) 711-4545 · CA License #4348151. General information only. This isn't legal, tax or financial advice or a coverage determination. Coverage depends on policy language and underwriting, and rules vary by state.