Security Deposit Rules: Newark vs Wilmington
How do security deposit rules rules compare between Newark, DE and Wilmington, DE?
Newark, DE
New Castle County
No data available yet for Newark.
Wilmington, DE
New Castle County
Wilmington landlords follow the statewide Delaware Landlord-Tenant Code at DE Title 25 Section 5101 et seq., which caps security deposits, requires escrow accounts for deposits held over one year, and mandates timely itemized return after move-out.
View full Wilmington rules βKey Facts Comparison
| Fact | Newark | Wilmington |
|---|---|---|
| Statute | - | DE Title 25 Sec. 5101+ |
| Cap on year leases | - | One month's rent |
| Escrow | - | Required if held over 1 year |
| Return window | - | 20 days after move-out |
Highlighted rows indicate differences between cities.
Newark FAQ
No FAQs available.
Wilmington FAQ
Can my landlord keep my deposit for normal wear?
No. Delaware Title 25 distinguishes between ordinary wear and tear, which the landlord absorbs, and tenant-caused damage, which can be deducted with a written itemized accounting.
What if the landlord misses the 20-day deadline?
Tenants can sue in Justice of the Peace Court for the full deposit amount and may recover double damages plus court costs under the Delaware Landlord-Tenant Code.
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