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At the end of your tenancy Your landlord must return your deposit within 10 days of you both agreeing how much youll get back. If youre in a dispute with your landlord, then your deposit will be protected in the TDP scheme until the issue is sorted out.
If your deposit is protected with our Insured scheme (which means that your landlord or letting agent holds your deposit) and you have requested it back from them and 10 days have passed, you are able to raise a dispute via TDS.
If a landlord does not return the entire amount of the tenants security deposit within the 21 days required by law, and the tenant disputes the deductions from the deposit: The tenant can write a letter to the landlord explaining why he or she believes he or she is entitled to a larger refund.
Rules surrounding returning a deposit If your landlord holds your deposit (so should be protected in the Insured scheme), the landlord should pay your deposit back within 10 days of your request for the deposit to be returned. A tenant cannot request the return of their deposit before the tenancy ends.
If your landlord or letting agent refuses to use the ADR service you can take them to court instead. If you agree about part of your deposit, you should get back the money you agree on quickly. Youll usually get your money back in 10 days - it depends on your situation and what scheme your deposit is in.
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Your demand letter should: Concisely review the main facts and lay out the reasons your landlord owes you money. Include copies of relevant letters and agreements, such as your notice to move out. Ask for exactly what you want, such as the full amount of your deposit within ten days. Cite state security deposit law.
Youll need to take your landlord to the small claims court to get your money back. Youll usually have to pay some court costs to go to small claims court - you should get the costs back if you win your case.
State law regulates several rent-related issues, including late fees, the amount of notice (at least 60 days in Delaware for month-to-month rental agreements) landlords must give tenants to raise the rent, and how much time (five days in Delaware) a tenant has to pay rent or move before a landlord can file for eviction
If you suspect that your landlord will not return your security deposit, you can also hand over the keys to RERA on the moving out date. The organisation can hold them for you until the payment is made.
There are also additional new rules relating to holding deposits. When you pay a holding deposit, landlords and agents are only allowed to keep your money for 15 days, unless you agree an alternative date in writing. Once this deadline has expired, the holding deposit must be repaid to you within seven days.

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