Delaware Roommate Agreement
The Delaware rules that shape the document: the owner-occupied fair housing exemption with its advertising carve-back, the nonleaseholder occupant status, and why removal still runs through the landlord.
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Introduction
A roommate agreement is a private contract between co-tenants, not a lease, and it does not bind the landlord or change what the lease says. In Delaware, a handful of state rules sit on top of the national template: the Landlord-Tenant Code recognizes a 'nonleaseholder authorized occupant' rather than a co-tenant or subtenant by name, no statute gives one roommate a shortcut to remove another, and Delaware's Fair Housing Act lets a live-in owner of a small building pick a roommate free of most discrimination bans while still barring a discriminatory ad. Everything else, the rent split, chores, guests, and quiet hours, is covered by the national template.
Key Things to Know
- 1
Delaware's Fair Housing Act exempts an owner who lives in a building of 4 or fewer units from the selection and terms discrimination bans when choosing a roommate for one of those units (6 Del. C. Section 4607(e)), but the exemption pointedly leaves the advertising ban in force (Section 4603(b)(3)), so that same owner still cannot publish a discriminatory ad.
- 2
Delaware has no lodger statute like California's. The closest analog, 25 Del. C. Section 5512, only shortens the timeline inside a still-required court proceeding for a live-in owner renting 3 or fewer rooms to 3 or fewer tenants; it is not a self-help removal.
- 3
No Delaware statute lets one roommate remove another on their own. A named co-tenant on the lease can only be removed through the landlord's formal summary-possession (eviction) process under Title 25, Chapter 57.
- 4
The Landlord-Tenant Code does not use the words 'cotenant' or 'subtenant.' It defines a 'tenant' and, separately, a 'nonleaseholder authorized occupant' whose right to be in the unit exists at the sole discretion of the tenant who let them in (25 Del. C. Section 5141(7)).
- 5
No Delaware statute sets whether co-tenant roommates are jointly and severally liable to the landlord for the full rent. The lease controls whatever it says on that point, and this agreement should state how the roommates reimburse each other explicitly.
- 6
No Delaware statute addresses how departing roommates split a security deposit refund. Section 5514 governs only the landlord's handling of the deposit, not how co-tenants divide it or reimburse each other for damage.
- 7
Delaware runs two nearly identical fair housing statutes side by side. Only the landlord-tenant version, 25 Del. C. Section 5116, explicitly names 'occupation' as a protected class; that word does not appear in the Fair Housing Act text at 6 Del. C. Section 4603 that a reader would likely check first.
Key decisions before you file
Before you file a Roommate Agreement in Delaware, a few decisions shape the document: which option to choose and what each one means. The Roommate Agreement guide walks through them.
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Delaware Requirements for Roommate Agreement
An owner who lives in a building of 4 or fewer units is exempt from the roommate selection and terms discrimination bans for that building (6 Del. C. Section 4607(e)), but the advertising ban stays in force (Section 4603(b)(3)). An exempt owner may choose privately but may not publish a discriminatory listing.
Delaware has no lodger statute like California's. 25 Del. C. Section 5512 only shortens the notice timeline inside a still-required court proceeding for a live-in owner renting 3 or fewer rooms to 3 or fewer tenants. Do not describe any Delaware removal right as self-help.
No Delaware statute lets one roommate remove another unilaterally. A named co-tenant on the lease can only be removed through the landlord's formal summary-possession process under Title 25, Chapter 57.
Delaware's Landlord-Tenant Code defines a 'nonleaseholder authorized occupant' whose right to be in the unit exists at the sole discretion of the tenant who let them in (25 Del. C. Section 5141(7)), rather than using the terms co-tenant or subtenant.
No Delaware statute sets whether co-tenant roommates are jointly and severally liable to the landlord for the full rent. The lease controls whatever it provides; the roommate agreement should state how the roommates reimburse each other explicitly.
No Delaware statute addresses how departing roommates split a security deposit refund; 25 Del. C. Section 5514 governs only the landlord's handling of the deposit. State the split or reimbursement rule explicitly in the agreement.
Frequently Asked Questions
The lease is between the tenants and the landlord. A Delaware roommate agreement is a separate contract between the co-tenants themselves, covering rent splits, chores, guests, and issues like a security deposit split or rent reimbursement that Delaware's Landlord-Tenant Code does not address between roommates.
No. A Delaware roommate agreement does not bind the landlord and cannot change the lease. If the lease requires landlord consent to sublet or add an occupant, that term still controls, though Delaware law says consent conditioned by the lease may not be unreasonably withheld (25 Del. C. Section 5508(b)).
No. Delaware has no lodger law and no statute letting one roommate remove another unilaterally. A named co-tenant on the lease can only be removed through the landlord's formal summary-possession process under Title 25, Chapter 57. Do not attempt a self-help removal such as changing the locks.
No Delaware statute sets whether co-tenant roommates are jointly and severally liable to the landlord for the full rent; that depends on what the lease itself says. How the roommates reimburse each other is not addressed by any statute either, so the roommate agreement should state that split explicitly.
No Delaware statute addresses this. The deposit statute, 25 Del. C. Section 5514, governs only the landlord's handling of the deposit, not how co-tenants divide a refund or reimburse each other for damage. Put the split or reimbursement rule in the roommate agreement, since nothing else will govern it.
No. Delaware has no self-help lodger removal statute. The nearest analog, 25 Del. C. Section 5512, only shortens the timeline inside a still-required court proceeding for a live-in owner renting 3 or fewer rooms to 3 or fewer tenants. Removal in Delaware always runs through the landlord's formal eviction process.
No. An owner who lives in a building of 4 or fewer units is exempt from the selection and terms discrimination bans when choosing a roommate for that building (6 Del. C. Section 4607(e)), but the advertising ban stays in force (Section 4603(b)(3)). That owner may choose privately but may not publish a discriminatory listing.
Yes. Delaware's Fair Housing Act protects source of income, sexual orientation, gender identity, marital status, creed, age, military status, and housing status, beyond the seven federal categories. The landlord-tenant version of the rule, 25 Del. C. Section 5116(a), also separately protects 'occupation.'