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; $45 eviction filing fee; $25,000 small claims limit. 23 of 23 items are confirmed on official pages; none are open.
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
- $45
- Time to answer or appear
- At the hearing
- Judgment to writ
- 10 days
- Writ to lockout
- 24 hours
- Small claims limit
- $25,000
Security deposit (6 of 6 confirmed)
Law read: 25 Del. C. 5514.
Need the other side served? Process serving with an affidavit of service.
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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)).
Sources: Delaware Department of Justice, Consumer Protection Unit: A Summary of the Delaware Residential Landlord-Tenant Code (revised October 2024); Justia (statute text) (secondary source): 25 Del. C. 5514, Security deposit (2024 Delaware Code, Justia); Nolo (secondary source): Overview of Landlord-Tenant Laws in Delaware (Nolo, updated April 15, 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)).
Sources: Delaware Department of Justice, Consumer Protection Unit: A Summary of the Delaware Residential Landlord-Tenant Code (revised October 2024); Justia (statute text) (secondary source): 25 Del. C. 5514, Security deposit (2024 Delaware Code, Justia); Nolo (secondary source): Overview of Landlord-Tenant Laws in Delaware (Nolo, updated April 15, 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.
Sources: Delaware Department of Justice, Consumer Protection Unit: A Summary of the Delaware Residential Landlord-Tenant Code (revised October 2024); Justia (statute text) (secondary source): 25 Del. C. 5514, Security deposit (2024 Delaware Code, Justia); Nolo (secondary source): Overview of Landlord-Tenant Laws in Delaware (Nolo, updated April 15, 2024), checked November 2026
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ConfirmedInterest on the deposit
Not required. 25 Del. C. 5514, the deposit section (2024 code text on Justia), says nothing about interest, and Nolo's Delaware overview (updated April 2024) says there is no requirement to pay interest on deposits.
Sources: Justia (statute text) (secondary source): 25 Del. C. 5514, Security deposit (2024 Delaware Code, Justia); Nolo (secondary source): Overview of Landlord-Tenant Laws in Delaware (Nolo, updated April 15, 2024), checked November 2026
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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)).
Sources: Delaware Department of Justice, Consumer Protection Unit: A Summary of the Delaware Residential Landlord-Tenant Code (revised October 2024); Justia (statute text) (secondary source): 25 Del. C. 5514, Security deposit (2024 Delaware Code, Justia); Nolo (secondary source): Overview of Landlord-Tenant Laws in Delaware (Nolo, updated April 15, 2024), checked November 2026
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ConfirmedPenalty the law states
Double the amount wrongfully withheld (5514(h)).
Sources: Delaware Department of Justice, Consumer Protection Unit: A Summary of the Delaware Residential Landlord-Tenant Code (revised October 2024); Justia (statute text) (secondary source): 25 Del. C. 5514, Security deposit (2024 Delaware Code, Justia); Nolo (secondary source): Overview of Landlord-Tenant Laws in Delaware (Nolo, updated April 15, 2024), checked November 2026
More: Security deposit rules by state · Deposit return deadline calculator
Notice periods (6 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 | 60 days written notice before the rental agreement expires, naming the changed terms (including any new rent) and the date they take effect. A tenant who doesn't give notice to end the lease at least 45 days before it expires is deemed to accept them. Not for HUD income-based rents. | Source: Delaware Code Online: Title 25, Chapter 51, Subchapter I (25 Del. C. 5107), checked November 2026 (25 Del. C. 5107(a), (b), (d)) |
| 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 (10 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
$45 to file a landlord-tenant case, per the Justice of the Peace Court's fee page (updated November 2021); serving a writ of summary possession is $40 more. The court's undated booklet still lists $40.
Landlord/Tenant: Filing Fee $45
Source: Delaware Courts: Justice of the Peace Court Civil Fees (updated 11/05/2021), checked November 2026
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- The tenant's answer or appearance
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ConfirmedTime to answer or appear
No written answer is needed; the tenant must appear in court on the date in the summons or lose by default.
A defendant does not have to file any written answer in a summary possession case
Source: Delaware Courts: How To File and Defend a Summary Possession Action in the Justice of the Peace Court, checked November 2026
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- Hearing or trial
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ConfirmedHearing after filing
The summons must be served at least 5 days (and no more than 30 days) before the hearing, so the hearing is at least 5 days after filing; mediation must be finished at least 48 hours before trial.
shall be served at least 5 days and not more than 30 days before the time at which the complaint is to be heard
Source: Delaware Code, Title 25, Chapter 57 (Summary Possession), checked November 2026
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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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ConfirmedWrit to lockout
When the writ is executed, the people to be removed get at least 24 hours' notice to leave.
the person(s) to be removed will be given at least 24-hours notice that they must vacate the premises
Source: Delaware Courts: How To File and Defend a Summary Possession Action in the Justice of the Peace Court, checked November 2026
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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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ConfirmedPaying to stop the case
Paying everything owed before the landlord asks for the writ of possession stops the eviction; if payment comes after the writ issues, the landlord must make reasonable efforts to stop it.
If all monies owed are paid before the landlord asks the Court for a writ of possession
Source: Delaware Courts: How To File and Defend a Summary Possession Action in the Justice of the Peace Court, checked November 2026
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ConfirmedRight to counsel (statewide)
Income-eligible tenants facing eviction may get free legal representation; call 211 or see bit.ly/EvictionHelpDE.
Tenants who are income-eligible may be able to have free legal representation if they are facing eviction.
Source: Delaware Courts: How To File and Defend a Summary Possession Action in the Justice of the Peace Court, checked November 2026
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ConfirmedDiversion or mediation (statewide)
The Justice of the Peace Court runs a free residential eviction diversion program with negotiation and mediation; landlords must take part.
The Court provides a free residential eviction diversion program for landlords and tenants involved in eviction cases.
Source: Delaware Courts: How To File and Defend a Summary Possession Action in the Justice of the Peace Court, checked November 2026
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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.
Example: a case filed Monday, March 1, 2027
The earliest date of each stage the confirmed rules allow, from our eviction timeline estimator. Earliest under the statute; courts' calendars often take longer.
| Stage | Earliest date |
|---|---|
| Case filed | Monday, March 1, 2027 |
| Answer or appear | Saturday, March 6, 2027 |
| Hearing or trial | Saturday, March 6, 2027 |
| Judgment | Saturday, March 6, 2027 |
| Writ or warrant of possession | Tuesday, March 16, 2027 |
| Earliest lockout | Wednesday, March 17, 2027 |
More: Delaware eviction process · 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.
Filing fee to start a case: $35 to $55.
Source: Delaware Courts: How to Start a Civil Action in the Justice of the Peace Court, checked November 2026
More: Delaware small claims 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.
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?
Time to answer or appear: At the hearing. Hearing after filing: At least 5 days. Judgment to writ: 10 days. Writ to lockout: 24 hours. These are the stated rules; the court's calendar often takes longer.
What does it cost to file an eviction case in Delaware?
$45 to file a landlord-tenant case, per the Justice of the Peace Court's fee page (updated November 2021); serving a writ of summary possession is $40 more. The court's undated booklet still lists $40.
Related: Landlord rules by state · Kits for landlords