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  1. #1

    Default Return of Security Deposit After Moving Out, in Delaware

    My question involves landlord-tenant law in the State of: Delaware

    We were in a month to month tenancy. The original lease had expired and just became month to month (for over a year). We bought a home and gave our Landlord 6 weeks notice. He seemed fine with our notice. Our rent was on an automatic payment, so April was paid in full. We moved out on April 14th, a day earlier than we had said, but of course expected him to keep 1/2 the rent for the month. He kept the entire month (no explanation). Since moving, we have learned that Delaware has a 60 Day notice law, that we were unaware of. We aren't sure if we should just let it go?

    Also, DE law says that the security deposit must be returned within 20 days, and a list of issues and receipts must accompany any deposit not returned. He returned 1/2 of our deposit, 25 days later, with no explanation of why he kept 1/2. I know not to deposit the check if we plan to dispute it, but I am really not sure what to say in the letter. At this point, can he come after us for the additional 30 days we didn't give notice? Shouldn't we be entitled to at the very least an explanation of why he kept 1/2?

    Thank you for any help you can offer.

  2. #2
    Join Date
    Mar 2013
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    18,340

    Default Re: Return of Security Deposit After Moving Out, in Delaware

    If I'm reading between the lines correctly, on March 1 you gave 6 weeks notice to move out April 15 but actually moved out April 14.

    You were required by law to give 60 days notice (ignorance of the law is no excuse as any cop will tell you during a traffic stop) which means that your rental agreement actually terminated on April 30 so the landlord was entitled to the full month's rent regardless of when you actually moved out.

    http://delcode.delaware.gov/title25/...dex.shtml#5106

    So he didn't need to give you an explanation for keeping April's rent.

    Nor do you owe him another 30 days rent if I got the March 1 notice date correct.

    As for the security deposit, the statute says "Within 20 days after the termination or expiration of any rental agreement."

    An argument can be made that the termination or expiration of your rental agreement didn't occur until April 30 so he'd be well within the 20 day requirement.

    But, then, the statute says "the landlord shall provide the tenant with an itemized list of damages to the premises and the estimated costs of repair for each and shall tender payment for the difference between the security deposit and such costs of repair of damage to the premises. Failure to do so shall constitute an acknowledgment by the landlord that no payment for damages is due."

    And "Failure to remit the security deposit or the difference between the security deposit and the amount set forth in the list of damages within 20 days from the expiration or termination of the rental agreement shall entitle the tenant to double the amount wrongfully withheld."

    http://delcode.delaware.gov/title25/...dex.shtml#5514

    I think you've got a good case since he didn't provide an itemization.

    However, I suggest waiting until after May 20 before you start making any written demands or file in small claims court or whatever.

    I might be wrong about my interpretation of "termination or expiration" but why take a chance when you only need to wait another week or so?

  3. #3

    Default Re: Return of Security Deposit After Moving Out, in Delaware

    Thank you for your advice.

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