25 Del. C. ch. 51 § 5102
Exclusions from application of this Code
Operative Text
The following arrangements are not intended to be governed by this Code, unless created solely to avoid such application: (1) Residence at an institution, whether public or private, where such residence is merely incidental to detention or to the provision of medical, geriatric, educational, counseling, religious or similar services, including (but not limited to) prisons, student housing provided by a college or school, old-age homes, nursing homes, homes for unwed mothers, monasteries, nunneries and hospitals. (2) Residence by a member of a fraternal organization in a structure operated for the benefit of the organization. (3) Residence in a hotel, motel, cubicle hotel or other similar lodgings. (4) Nonrenewable rental agreements of 120 days or less for any calendar year for a dwelling located within the boundaries of Broadkill Hundred, Lewes-Rehoboth Hundred, Indian River Hundred, Baltimore Hundred and Cedar Creek Hundred. (5) A rental agreement for ground upon which improvements were constructed or installed by the tenant and used as a dwelling, where the tenant retains ownership or title thereto, or obtains title to existing improvement on the property. (6) A “certified recovery house” as defined in § 2201A of Title 16.
Delaware's Residential Landlord-Tenant Code (25 Del. C. ch. 51 § 5102) does not apply to certain living arrangements, meaning residents in those situations do not have the protections or obligations the Code creates. Excluded arrangements include institutional residences (such as prisons, nursing homes, and college dormitories), fraternal-organization housing, hotels and motels, short-term seasonal rentals of 120 days or fewer in specific coastal hundreds, ground-lease situations where the tenant owns the improvements, and certified recovery houses. However, if any of these arrangements is structured specifically to dodge the Code's coverage, the exemption does not apply and the Code governs anyway.
Plain English — not legal advice.
Operators of properties that fall under one of the categories listed in 25 Del. C. ch. 51 § 5102 — such as hotels, institutional housing, or short-term coastal rentals within the named hundreds — generally do not structure their agreements under the Delaware Residential Landlord-Tenant Code. Compliant operators are careful to ensure that any exempt arrangement genuinely fits the statutory category and is not created merely as a workaround to avoid Code obligations, since the anti-avoidance clause can pull a sham arrangement back under the Code. Operators who are uncertain whether a particular housing arrangement qualifies for an exclusion typically consult legal counsel before finalizing their agreements.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
If you live in a setting that might fall under one of the exclusions listed in 25 Del. C. ch. 51 § 5102 — such as a hotel, a college dormitory, or a nursing home — the Delaware Residential Landlord-Tenant Code's tenant protections may not apply to your situation. Importantly, the provision includes an anti-avoidance rule: if a housing arrangement was structured solely to strip away Code protections, it can still be treated as covered by the Code. Tenants who believe their arrangement was deliberately designed to circumvent the Code's protections may wish to contact a tenant-rights organization or legal aid office for general information about how this provision has been interpreted.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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