Roommate Agreement in Delaware

An agreement between roommates on rent shares, bills, chores and moving out. It is a contract between you — it does not change your lease with the landlord.

What Delaware law says

Roommate not on the lease	A "tenant" is a person entitled under a written or oral rental agreement to occupy a rental unit to the exclusion of others. A roommate who has no agreement with the landlord, and no sublease from a tenant, is not a tenant under this definition. The "landlord" definition includes a sublessor and anyone the tenant normally deals with as a landlord, so a roommate who rents from the tenant can be that tenant's tenant. Whether a landlord who knowingly accepts rent from a roommate has created a rental agreement depends on the facts; an oral agreement counts. Re-verified 2026-10-27. Source: 25 Del. C. § 5141 (definitions of landlord, rental agreement, tenant)
Removing a roommate or subtenant	A tenant who sublets to a roommate is a "landlord" under the Code and must use a summary possession case in the Justice of the Peace Court to remove that roommate; removing or locking out a tenant without a court order lets the tenant recover possession plus treble damages or three times the daily rent for the time excluded. A month-to-month agreement is ended with at least 60 days' written notice, counted from the first day of the month after notice is given. A roommate who never had an agreement with anyone may not be a tenant; the right court process can depend on the facts. Re-verified 2026-10-27. Source: 25 Del. C. §§ 5141 (landlord), 5106(d), 5313, 5702-5703

Roommate not on the lease

A "tenant" is a person entitled under a written or oral rental agreement to occupy a rental unit to the exclusion of others. A roommate who has no agreement with the landlord, and no sublease from a tenant, is not a tenant under this definition. The "landlord" definition includes a sublessor and anyone the tenant normally deals with as a landlord, so a roommate who rents from the tenant can be that tenant's tenant.

Whether a landlord who knowingly accepts rent from a roommate has created a rental agreement depends on the facts; an oral agreement counts. Re-verified 2026-10-27.

Source: 25 Del. C. § 5141 (definitions of landlord, rental agreement, tenant)

Removing a roommate or subtenant

A tenant who sublets to a roommate is a "landlord" under the Code and must use a summary possession case in the Justice of the Peace Court to remove that roommate; removing or locking out a tenant without a court order lets the tenant recover possession plus treble damages or three times the daily rent for the time excluded. A month-to-month agreement is ended with at least 60 days' written notice, counted from the first day of the month after notice is given.

A roommate who never had an agreement with anyone may not be a tenant; the right court process can depend on the facts. Re-verified 2026-10-27.

Source: 25 Del. C. §§ 5141 (landlord), 5106(d), 5313, 5702-5703

Fill it in

Nothing you type leaves your browser. Replace anything still highlighted, and keep a signed copy.

ROOMMATE AGREEMENT for [rental address]

Roommates: [roommate names]

Rent: total $[total rent] per month. Shares: [each roommate's share]. Each share is paid to [who pays the landlord] by [due date].

Security deposit paid by each roommate: [deposit shares]. When someone moves out, their share is returned [how and when].

Utilities and internet: [how bills are split and who holds each account].

Rooms and shared spaces: [who has which room; shared areas].

Cleaning and chores: [chore plan]. Quiet hours: [quiet hours]. Guests: [overnight guest limits].

Moving out: a roommate who leaves gives [notice period] written notice to the others and [finds a replacement approved by the landlord / pays their share until the lease ends].

Disputes: we will first try to talk it out, then [mediation or small claims court].

Signatures and dates: [signatures]

Roommate 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.