Delaware Tenant Final Walk-Through Checklist (2024 Guide)

Moving out of your rental in Delaware? A final walk-through is a crucial step that helps protect your security deposit and ensures you leave the property in good standing. This guide explains what Delaware tenants should look for, important legal rights, and official steps to follow before returning your keys.

Why Do a Final Walk-Through in Delaware?

Your final walk-through is your opportunity to review the rental with your landlord, compare the property's condition to your move-in inspection, and note any repairs or issues. Delaware law requires landlords to return your security deposit within 20 days of move-out, minus documented damages (Delaware Landlord-Tenant Code, § 5514).

Checklist: What to Inspect Before Leaving

Before your scheduled walk-through, use the following checklist to ensure your unit meets Delaware's security deposit return requirements:

• Clean Each Room: Floors, walls, appliances, bathrooms, windows, and fixtures.
• Repairs: Patch holes, replace burnt-out light bulbs, and fix minor damage.
• Personal Belongings: Remove all your items, including from closets and cabinets.
• Keys and Remotes: Collect all keys, security cards, and parking passes to return.
• Appliances: Wipe down and empty refrigerator, oven, washer, and dryer if provided.
• Yard/Balcony: Mow lawn or tidy up outdoor areas if you are responsible by lease.
• Damage Documentation: Take dated photos/videos of each room for your records.

Compare With Your Move-In Inspection

Use your original move-in inspection form to compare the property's condition. Delaware landlords can only charge for damage beyond normal wear and tear. Having before-and-after documentation strengthens your case if any deposit deductions are disputed.

Official Forms for Delaware Tenants

• Security Deposit Itemization Form (no state-issued form): Your landlord is required by Delaware law to provide a written, itemized list of any deductions from your security deposit within 20 days of move-out. If you disagree with deductions, keep all forms and communication for your records.
• Move-In/Move-Out Inspection Checklist: While Delaware does not offer an official state form, you can request a written checklist from your landlord. Use it to note the property's condition at both move-in and move-out. This checklist helps if any disputes arise about damages or cleaning.

For examples or templates, visit the Delaware Attorney General's Landlord-Tenant Resources page.

What If the Landlord Refuses a Final Walk-Through?

Delaware law does not require a joint walk-through, but you can still request one in writing. If your landlord declines, document your move-out with detailed photos and notes. This evidence is important if you must dispute deposit deductions later.

How to Protect Your Rights and Security Deposit

• Communicate in Writing: Notify your landlord of move-out date and walk-through request by email or letter.
• Save Documents: Keep copies of inspection checklists, photos, and all emails for your records.
• Respond Promptly: If you receive a deduction notice, review it and communicate written disputes or questions quickly.

Understanding Delaware Law and the Tribunal for Tenants

All residential lease issues, including deposit disputes, are handled by the Delaware Justice of the Peace Court. Relevant laws can be found in the Delaware Landlord-Tenant Code, including sections on deposits and moving out.

1. What if the landlord doesn’t return my security deposit?
   Delaware law requires landlords to return your security deposit within 20 days of your lease ending. If not, send a written demand and consider filing a case with the Justice of the Peace Court.
2. Can I be charged for regular wear and tear?
   No. Landlords in Delaware can only deduct for damages beyond normal wear and tear, not for general use over time.
3. Do I have to be present at the final walk-through?
   Delaware law does not require you to be present, but it’s a good idea to join and document the walk-through for your protection.
4. What should I do if I disagree with damages claimed by my landlord?
   Respond in writing, include your evidence, and if unresolved, file a dispute through the Delaware Justice of the Peace Court.
5. Is there a state-issued move-out inspection form in Delaware?
   Currently, there is no official move-out inspection form, but you and your landlord may create or use a written checklist for mutual documentation.

Summary: Key Takeaways for Delaware Tenants

• Complete a thorough walk-through and use your move-in checklist to compare conditions.
• Always document the final condition of your rental with photos and written notes.
• Communicate with your landlord in writing and keep copies of all documents until your security deposit is returned.

Need Help? Resources for Renters

• Delaware Justice of the Peace Court – Handles all landlord-tenant disputes, including security deposit claims.
• Delaware Attorney General's Landlord-Tenant Resources – Official guidance and complaint forms.
• Delaware Landlord-Tenant Code – Review your legal rights and responsibilities.

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1. Delaware Landlord-Tenant Code, § 5514 – Security Deposits
2. Delaware Justice of the Peace Court – Landlord Tenant Information
3. Delaware Attorney General – Landlord Tenant Resources

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