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's STR ordinance at Ch. 48 Section 48-104.6 ties maximum occupancy to bedroom count, with most registrations capping guests at two adults per bedroom plus two additional. Operators must list the cap on the registration application and post it inside the unit. Habitable-room standards under the Wilmington Building Code (Ch. 4) and the DE Landlord-Tenant Code (DE Title 25 Section 5101 et seq.) set minimum square-footage floors. Code enforcement may inspect after complaints, and exceeding the registered cap is grounds for suspension or revocation of the STR registration.
Exceeding registered occupancy can lead to fines, registration suspension, or revocation under Ch. 48 Section 48-104.6 and possible Building Code citations.
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See how Wilmington's occupancy limits rules stack up against other locations.
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