Timely return of security deposit

[Account Closed]

I have a tenant in Delaware who is requesting her security deposit at the time of her final walk through. What is the normal protocol for returning security deposits? Secondly, she paid for the month of May in full and the month to month lease ended on the 20th of May, is the rent prorated and is she required to receive prorated rent/the return of the excess payment. Lastly, she needs more time to clean the unit and get the rest of her belongings out, what is my obligation to her and should there be a charge for the extra days she needs to turn over the unit?

[Rumen Mladenov]

In Delaware you have to return the deposit or whatever is left of it (along with itemized bill for damages) within 20 days of the move out, or you risk having to pay double. You can certainly return it on the final walk through (I have done it myself), but you do not have to.

I am not sure I understand the issue with the last month. When I have people move in on the 20th, I prorate the first month and then get full month rent for the second onwards. Lease in that case would be for example May 20, 2015 to May 31, 2016, and it always ends at the end of a month. If you do the same, your lease should end May 31, not May 20, nothing to prorate. If you had your lease starting and ending on the 20th, then the last month she paid should be April 21-May 20, so nothing to prorate. Am I missing something?

Be careful with the last part. If she moves out but retains the key to clean out and get the rest of her stuff out, she has not moved out at all. To me, move out happens when I get the keys back, and any personal belongings left are to be disposed of, at the tenant's expense. If they need more time to clean out, tell them how much it would cost them per day (prorated rent), and how much it would cost if you do the clean out and take it out of their deposit instead, and let them decide which makes more sense. And if they leave belongings, make sure you get them to sign a move out sheet that explicitly states their belongings will be disposed of, so they can't sue you for their invaluable electronics/jewels/pot of gold they left behind and you threw out...