What are the laws governing the return of tenants' security deposits?
In Delaware, the laws governing the return of a tenant’s security deposit are designed to protect the tenant from unfair practices by the landlord. According to Delaware law, a landlord must return the security deposit to the tenant within 20 days of the tenant vacating the property. The landlord must provide the tenant with an itemized list of any charges made against the deposit. This includes any unpaid rent, damages caused by the tenant, cleaning costs, unpaid late fees, and any other fees agreed upon in the rental agreement. Additionally, the landlord is required to give the tenant written notice of their intent to make deductions from the security deposit. The landlord must also provide the tenant with an itemized receipt for charges made against the deposit. These receipts must include the amount charged, the reason for the charge, and the amount of the remaining deposit. Finally, the tenant has the right to dispute any charges made against their security deposit. If a tenant believes they have been charged incorrectly, they must notify the landlord in writing within 15 days of receiving the notice of deductions from the security deposit. If the dispute is not resolved, the tenant can sue the landlord in Small Claims Court for the return of the security deposit, plus court costs and reasonable attorney fees.
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