How to Evict a Roommate in Delaware (and Other Household Situations)
What Delaware law says about roommates who are not on the lease, guests who won't leave, family members, renting a room in your own home, and tenancies at will — each with the statute or official source.
Short answer: 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. 25 Del. C. § 5141 (definitions of landlord, rental agreement, tenant)
| 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. |
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| 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. |
| Guests who won't leave | No statute — the Landlord-Tenant Code sets no rule on when a guest becomes a tenant. A person becomes a tenant only by being entitled to occupy under a written or oral rental agreement. Whether a guest's stay, payments or the owner's conduct created an oral rental agreement depends on the facts. Re-verified 2026-10-27. |
| 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. |
| Hotel and extended-stay guests | Residence in a hotel, motel, cubicle hotel or similar lodging is excluded from the Residential Landlord-Tenant Code; no statute sets a number of days after which a hotel guest becomes a tenant. Starting March 8, 2027, the exclusion is narrowed to "transient lodging" provided by a hotel, motel or tourist home as defined in Title 30. After March 8, 2027, a long-term, non-transient hotel or motel stay may fall under the Code. Re-verified 2026-10-27. |
Never remove someone by changing the locks or taking their belongings: if the person has become a tenant, only a court can order them out. If there is violence or a threat, call 911 and ask about a protective order.
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Delaware eviction laws · Free legal help in Delaware · Roommate rules in other states
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.