New Castle County short-term rentals under UDC 40.03.510 are limited to 2 guests per bedroom plus 2 additional, with a total cap tied to unit size. Wilmington requires separate STR registration with similar occupancy limits.
New Castle County regulates short-term rentals through UDC 40.03.510 and requires registration with the Department of Land Use. Maximum guest occupancy is 2 persons per bedroom plus 2 additional persons, not to exceed the unit's certified occupancy under the IPMC. Rental listings must accurately state maximum occupancy. Hosts are responsible for enforcing the cap and may not permit sleeping in garages, sheds, campers, or vehicles on the property. Wilmington STRs fall under separate city regulation requiring a rental license and adherence to posted occupancy limits. Exceeding occupancy can trigger permit revocation and is a factor in nuisance abatement actions.
First overcrowding complaint: written warning. Second violation within 12 months: $250 civil penalty. Third and beyond: fines up to $1,000 per occurrence and permit suspension. Chronic violations: STR permit revocation and 12-month ban on reapplication.
New Castle County, DE
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New Castle County, DE
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See how New Castle County's occupancy limits rules stack up against other locations.
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