What are the laws governing the return of a security deposit?

In Delaware, the Landlord and Tenant Code governs the return of a security deposit. Under Delaware law, a landlord must return a security deposit within 20 days of the tenant vacating the rental unit. The landlord must provide an itemized list of deductions from the security deposit, if any, and any remaining balance due to the tenant. In Delaware, a landlord must use the security deposit for several specified purposes including to cover unpaid rent, to repair damages caused by the tenant, or to clean the rental unit. The landlord is required to provide the tenant with a written explanation for any deductions from the security deposit. The landlord is prohibited from using the security deposit to cover damages caused by normal wear and tear. Furthermore, the landlord is not allowed to use the security deposit either to recover costs associated with obtaining a new tenant. The tenant is also entitled to interest or additional damages for the late return of the deposit or for the failure of the landlord to provide an itemized list of deductions. If the landlord does not return the deposit within the 20-day period, the tenant can bring a civil lawsuit in the Justice of the Peace Court to recover the deposit.

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