Delaware law sets rules for returning residential rental keys

A lease that ties the security deposit to returning the keys must give tenants a clear way to return them. This applies when a residential lease makes returning the rental unit keys a condition for getting the security deposit back. The lease cannot require tenants to return the keys before the lease ends.

If the lease has no clear key return process and the landlord gave no written instructions before the lease ends, tenants may use the listed backup methods. These options apply only if the lease has no clear key return process and the landlord did not give written instructions before the lease ends. If the lease ends on a weekend, legal holiday, or day the leasing office is closed, a tenant may return the keys to the landlord in person on the next business day. A tenant may leave the keys in the rental unit or in a secure drop box identified by the landlord or leasing office, with written notice stating where the keys are and the date of return. If the landlord provides a secure drop box, it must be clearly labeled as secured. The tenant's duty to return the keys is complete once they are placed in that box. For a lease ending on a weekend, legal holiday, or day the leasing office is closed, in-person key return may happen on the next business day.

When the lease ends on a day the leasing office is closed, possession counts as returned when the tenant follows the lease's key return process or completes the backup process. This applies when the last day of the lease is a Saturday, Sunday, legal holiday, or another day the leasing management office is closed. If more than one tenant is on the lease, every tenant must follow the lease's key return process or complete the backup process before possession counts as returned. This rule applies when the lease's last day falls on a Saturday, Sunday, legal holiday, or another day the leasing management office is closed.