Delaware Security Deposit Rules
Landlord obligations under 25 Del. C. §§ 5514, 5501(d)
Deposit limit
1 month's rent
1 month's rent for leases of 1 year or more (and month-to-month tenancies once they pass 1 year); furnished units and younger month-to-month tenancies are uncapped
How the deposit limit varies
| Scenario | Maximum deposit | Condition |
|---|---|---|
| Fixed-term lease of 1 year or more | 1 month's rent | — |
| Month-to-month/undefined term, tenancy 1 year or older | 1 month's rent | once the tenancy reaches 1 year, any excess must be immediately returned to the tenant as a credit; federally-assisted housing follows federal rules instead (§ 5514(a)(3)) |
| Month-to-month/undefined term, under 1 year | No statutory cap | the § 5514(a)(2)-(3) limits attach only to fixed terms of 1 year+ or tenancies that have lasted 1 year+ |
| Furnished rental units | No statutory cap | "the security deposit limits set forth above shall not apply to furnished rental units" (§ 5514(a)(4)) — covers both (a)(2) and (a)(3) |
- A separate pet deposit up to 1 month's rent is allowed regardless of lease duration; none may be charged for a duly certified support animal for a disabled resident (§ 5514(i)).
- A § 5514A surety bond counts toward the same 1-month ceiling where the cap applies (§ 5514(a)(3)).
- Verified unamended since 79 Del. Laws c. 57 (2013); adversarial refute pass re-read every subsection live on delcode.delaware.gov.
Source: 25 Del. C. § 5514(a), (i) (tiered by lease term/tenancy age; furnished units exempt), for the figures shown above. This tool is for informational purposes only and does not constitute legal advice. Consult a Delaware attorney for specific guidance.
Deposit limit verified against 25 Del. C. § 5514(a), (i) (tiered by lease term/tenancy age; furnished units exempt) as of Jul 27, 2026.