Q: Can a private landlord in Delaware request a second security deposit before returning the previous one?

A: In Delaware, a private landlord generally cannot request a second security deposit before returning the first one if it applies to the same rental unit and tenant. Security deposits are intended to cover potential damages or unpaid rent at the end of a lease term. If you are continuing in the same rental unit under a renewed lease, the landlord should apply the existing deposit to the new term, provided there are no claims against it.

You have the right to inquire about the status of your current deposit and request that it be rolled over into the new lease term. Landlords must return security deposits within 20 days after the lease ends, minus any deductions for damages or unpaid rent. If the landlord is asking for a new deposit while holding the old one, you should ask for clarification and reference Delaware's landlord-tenant laws.

If the landlord refuses to return or apply the existing deposit, you may consider reaching out to a local tenants' rights organization or the Delaware Attorney General’s Consumer Protection Unit. They can offer guidance on how to handle this situation and ensure your rights are protected under Delaware law. It’s important to understand your rights and responsibilities when it comes to lease renewals and security deposits.

A: I'm a Delaware attorney who worked as a Deputy Attorney General with the Consumer Protection Unit until a few months ago.

What James has said is correct. I recommend you see if this is a miscommunication with the landlord.

If the landlord continues to insist on a second deposit, feel free to reach out to our firm. We offer free consultations and are a public interest law firm committed to affordable legal representation.

Hoping things turned out ok.