Room Rental Agreement in Delaware

For renting a room in a home, including your own home. Some states treat a renter in the owner's home (a lodger) differently when ending the arrangement — see your state's household rules.

What Delaware law says

Renting a room in your own home (lodgers)	Rooms rented in an owner-occupied home are not excluded from the Residential Landlord-Tenant Code, so a room rented under a written or oral rental agreement is generally covered like any other rental unit. A special rule applies to single-room rentals when the building is the landlord's primary residence, no more than 3 rooms are rented and no more than 3 tenants live there: with a written lease, the tenancy can be ended immediately on notice for a material violation of a rule given to the tenant at signing; with no written lease, it can be ended 15 days after written notice of a breach of quiet enjoyment or similar conduct, or 30 days after written notice for any other reason. A revised version of this rule takes effect March 8, 2027. Re-verified and corrected 2026-10-27. Source: 25 Del. C. §§ 5101-5102, 5512
Tenancy at will	Delaware's Code does not use tenancy at will; where no term is stated, a rental agreement is month to month. Either side ends a month-to-month agreement with at least 60 days' written notice, starting on the first day of the month after notice is actually given. A tenant who stays after the agreement ends is a "holdover tenant," and the landlord may bring a summary possession case. Re-verified 2026-10-27. Source: 25 Del. C. §§ 5106(b), (d); 5141 (holdover tenant); 5702(1)

Renting a room in your own home (lodgers)

Rooms rented in an owner-occupied home are not excluded from the Residential Landlord-Tenant Code, so a room rented under a written or oral rental agreement is generally covered like any other rental unit. A special rule applies to single-room rentals when the building is the landlord's primary residence, no more than 3 rooms are rented and no more than 3 tenants live there: with a written lease, the tenancy can be ended immediately on notice for a material violation of a rule given to the tenant at signing; with no written lease, it can be ended 15 days after written notice of a breach of quiet enjoyment or similar conduct, or 30 days after written notice for any other reason. A revised version of this rule takes effect March 8, 2027.

Re-verified and corrected 2026-10-27.

Source: 25 Del. C. §§ 5101-5102, 5512

Tenancy at will

Delaware's Code does not use tenancy at will; where no term is stated, a rental agreement is month to month. Either side ends a month-to-month agreement with at least 60 days' written notice, starting on the first day of the month after notice is actually given. A tenant who stays after the agreement ends is a "holdover tenant," and the landlord may bring a summary possession case.

Re-verified 2026-10-27.

Source: 25 Del. C. §§ 5106(b), (d); 5141 (holdover tenant); 5702(1)

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ROOM RENTAL AGREEMENT

Owner/landlord: [owner name] Renter: [renter name]

Room: [room description] in the home at [home address]. Shared areas the renter may use: [shared areas].

Term: begins [start date]; [ends on end date / continues month to month].

Rent: $[monthly rent] due on [due day] by [payment method]. Deposit: $[deposit amount].

Utilities included: [utilities included]. House rules: [house rules, e.g. guests, kitchen use, smoking].

Ending the agreement: either side gives at least [notice period] written notice, and never less than state law requires.

Signatures and dates: [signatures]

Room Rental Agreement for other states · Delaware tenant rights

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.