Night Caps: Newark vs Wilmington

Does New Castle County, DE cap how many nights I can rent on Airbnb?

No. Unincorporated New Castle County does not currently impose a per-stay night cap or an annual rental-day limit specific to short-term rentals. The Unified Development Code (Chapter 40) does not contain a dedicated STR overlay. You must, however, register the rental property with the Department of Land Use (free, renewed by May 1 of each odd-numbered year) and collect Delaware's 8% Public Accommodations Tax. Confirm with NCC Land Use at 302-395-5400 before listing.

Do Wilmington or Newark have different rules?

Yes. The City of Wilmington sets its own STR rules under Wilmington City Code, the City of Newark has its own zoning code, and the City of New Castle adopted a short-term rental orientation/program in 2025. New Castle County's Chapter 40 only applies to unincorporated areas and the small towns that have not opted out. Check with the city your property sits in for any local night cap or stay-length restriction.

What state-level limits apply to Delaware short-term rentals?

Delaware defines short-term rentals as accommodations of fewer than 120 days and imposes an 8% Public Accommodations Tax on those stays under Del. Code Title 30 §6101 et seq. Delaware does not currently set a statewide maximum number of nights per year - that is left to local governments. Hosts and platforms must collect and remit the state lodging tax through the Delaware Division of Revenue.

Do hosted stays count toward the cap?

No. Wilmington's night caps generally apply only to fully unhosted whole-home rentals. Hosted private-room and ADU stays where the host is on-site usually face no annual limit.

How is the cap enforced?

Through annual self-reporting at registration renewal, complaint investigation, and possible platform data requests. Falsified reports can trigger revocation and fines.