10 verified short-term rentals rules for Wilmington, Delaware, sourced directly from the municipal code and official government pages.
Verified from official government sources
Wilmington requires a residential property rental license and STR operator permit. Most residential zones (R1–R5) do not permit STRs; a citywide cap of 150 STR units was approved in 2024.
Wilmington City Code Ch. 34, Art. V, Sec. 34-349 and Sec. 34-350 (Ord. #0412, 2024)
Sec. 34-349. No dwelling unit in the city may be used as a short-term rental unless: (1) An owner of the dwelling unit possesses a valid and current short-term rental owner permit issued for the dwelling unit in accordance with this article, and all owners fully comply with all legal requirements and duties imposed herein; and (2) An owner has designated an operator possessing a valid short-ter...
STR guests in Wilmington are subject to the same noise ordinance as permanent residents — 65 dB(A) daytime and 55 dB(A) nighttime limits apply.
STR hosts in Wilmington must collect and remit Delaware's 8% state lodging tax plus a potential 3% city lodging tax on all bookings.
STR guests in Wilmington must comply with all city parking regulations under Chapter 37. No separate STR-specific parking rules exist.
Wilmington short-term rentals registered under Zoning Code Chapter 48 must follow occupancy caps tied to bedroom count, parking, and the building code's habitable-room standards established under Wilmington Building Code Chapter 4.
Wilmington STR operators registered under Ch. 48 Section 48-104.6 are expected to carry liability coverage adequate for transient guests, since standard homeowner policies typically exclude commercial short-term rental activity in Delaware.
Wilmington's STR registration program under Ch. 48 Section 48-104.6 may impose annual night caps on unhosted whole-home rentals, especially in residential zoning districts, to limit conversion of housing stock into year-round transient lodging.
Wilmington's STR framework under Ch. 48 Section 48-104.6 differentiates hosted stays, where the operator remains on-site, from unhosted whole-home rentals, with hosted arrangements generally facing fewer zoning constraints.
Wilmington's STR ordinance under Ch. 48 Section 48-104.6 distinguishes owner-occupied registrations from non-primary-residence rentals, with non-primary STRs typically restricted to specific zoning districts and subject to closer review.
Wilmington's STR program under Ch. 48 Section 48-104.6 requires hosts to register and remit applicable taxes, while platforms like Airbnb and Vrbo collect Delaware lodging tax under DE Title 30 and may face data-sharing obligations.
County ordinances apply to unincorporated areas and may supplement Wilmington city rules.
Short-Term Rentals in New Castle County →