Who gets the security deposit back when roommates move out in Delaware? Learn how deposits work with multiple tenants, subletting, and roommate disputes under Del. Code tit. 25 §5514.
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Check My DepositSecurity deposits get complicated with multiple tenants in Delaware. Under Del. Code tit. 25 §5514, the deposit is typically held in the name of whoever signed the lease — not individual roommates. This means the landlord is only obligated to return the deposit (or provide an itemization) to the named lease holder, not to each roommate individually. Disputes about how the deposit is split among roommates are generally handled between the tenants themselves, not through the landlord.
A roommate agreement (separate from the lease) should address how the deposit is split and what happens when one roommate leaves early. This protects everyone.
Confirm whether all roommates are named on the lease
Document who paid what portion of the security deposit
Create a written roommate agreement addressing deposit splits
If a roommate leaves, agree in writing on the deposit arrangements
When the lease ends, the landlord must return the deposit (or itemization) within 20 days
Legal Reference
Wear & Tear ProtectedQuestions
Your Delaware landlord has 20 days after your move-out date to return your security deposit along with an itemized statement of any deductions. This deadline is set by Del. Code tit. 25 §5514.
If your landlord misses the 20-day deadline, they forfeit the right to withhold any portion of your deposit under Del. Code tit. 25 §5514(g), even deductions that might otherwise have been valid.
No. Delaware law under Del. Code tit. 25 §5514 explicitly prohibits landlords from deducting for normal wear and tear. This includes faded paint, minor scuffs, small nail holes, and carpet thinning from regular use. Deductions must be for actual damage beyond what normal living causes.
Under Del. Code tit. 25 §5514, the landlord is obligated to return the deposit to the named leaseholder(s), not to individual roommates separately. How roommates divide the deposit among themselves is a matter to be handled between the tenants - ideally established in a written roommate agreement before move-in.
If one roommate leaves while others remain on the lease, the deposit typically stays with the landlord until the tenancy fully ends. The departing roommate's share is a matter between the roommates. A written roommate agreement specifying each person's contribution to the deposit can prevent disputes later.
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