Delaware security deposit demand letter
A demand letter that cites 25 Del. C. § 5514 and the 20-day deadline is the step that gets most deposits back - landlords settle when they see you know the statute. Below is a free template; the generator fills in your amounts, dates, and violations for you.
The template
Replace every [bracketed] field, print two copies, sign, and send one by certified mail with return receipt. Keep the receipt - it proves the date of your demand.
[Your name] [Your current address] [Date] [Landlord or property manager name] [Landlord's address] SENT VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED RE: Demand for return of security deposit - [rental property address] Dear [Landlord]: I vacated the above rental property on [move-out date] and paid a security deposit of $[deposit amount]. Under 25 Del. C. § 5514 (Delaware Security Deposit Law), you were required to return my deposit with any lawful itemized deductions within 20 days. DEMAND I demand payment of $[amount improperly withheld], the amount improperly withheld from my deposit. Be advised that Double the amount wrongfully withheld for failure to remit within 20 days (25 Del. Should this matter proceed to court, I will seek all damages the statute allows, plus court costs. Please deliver payment to the address above no later than [date 14 days from today]. If I do not receive full payment by that date, I will file suit in Justice of the Peace Court without further notice. I have retained documentation of the property's condition, our correspondence, and this demand. Sincerely, [Your signature] Enclosures: [list your evidence - photos, lease, itemized statement]
A draft for you to review, edit, and sign - verify every citation against the current statute · not legal advice
A template can't check your case. The generator can.
The free analysis reviews each deduction against Delaware's wear-and-tear rules, spots procedural violations (like a missed 20-day deadline), computes the statutory damages you can demand, and writes the letter with your numbers and the exact citations - ready to print and sign.
Build my case - free analysis →Make the letter stronger
- State a number, not a feeling. Demand a specific dollar amount and say how you got it. Vague letters get vague replies.
- Cite the statute by section. 25 Del. C. § 5514 tells the landlord you'll be credible in court. Double the amount wrongfully withheld for failure to remit within 20 days (25 Del.
- Set a deadline and a consequence. 14 days to pay, then you file in Justice of the Peace Court (handles claims up to $25,000). Then actually do it.
- Mention your evidence. Photos, the lease, texts. You don't need to attach everything - naming it is often enough to change the landlord's math.
Frequently asked questions
What should a Delaware security deposit demand letter include?
Your move-out date, the deposit amount, the amount withheld, a cite to 25 Del. C. § 5514, a specific dollar demand, a payment deadline (14 days is customary), and notice that you will file in Justice of the Peace Court if ignored. Send it by certified mail with return receipt and keep the receipt.
Do I need a lawyer to send a demand letter in Delaware?
No. A demand letter is a routine self-help document, and deposit disputes are exactly what small claims courts are designed to handle without lawyers. A letter that cites the statute and states a deadline is usually taken seriously on its own.
What happens if the landlord ignores the letter?
You can file in Justice of the Peace Court (claims up to $25,000; filing fees $45 landlord-tenant filing (JP Court fee schedule)). Your demand letter and the certified-mail receipt become evidence that you asked first - courts expect that, and it makes wrongful withholding look deliberate.
What penalties does Delaware law allow if the withholding was wrongful?
Double the amount wrongfully withheld for failure to remit within 20 days (25 Del. C. § 5514(g)(1)). Nondisclosure of the escrow account's location within 20 days of the tenant's written request - or failure to place the deposit in a qualifying federally insured institution - works a FORFEITURE of the deposit to the tenant; doubling of the full deposit attaches only if the landlord then fails to return it within 20 days of the forfeiture - a two-step mechanism (§ 5514(g)(2)). § 5514(h): no forwarding address = no double damages.