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  1. Home
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  3. Regulations
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  5. Delaware
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  7. Wilmington

Wilmington

Moderate
DelawareUpdated Mar 30, 2026
Gold-standard verification1% sourced

Cross-referenced against 0 official sources — municipal codes, planning-department pages, and government registries.

Verified Feb 6, 2026Sources 0

Summary

Plain-english overview

Short-term rentals in Wilmington require a city-issued STR permit, an annual fee of $75, and compliance with a citywide cap of 150 permits.

Restriction level

Severity 33
Classification
Moderate
33
Severity

Why this classification

  • Limited to 1 property per owner
  • Tenants cannot host
  • Permit required
  • Reporting required
  • No night cap
  • No primary residence requirement

In plain English

What this means for you

To host a short-term rental in Wilmington, you must obtain a specific STR permit and a city business license. You are required to complete a city-provided training course, pass a safety inspection, and collect a 6.5% total lodging tax from guests. Individual owners are limited to one STR property, while LLCs can operate up to six.

At a glance

Key numbers
Permit requiredYes
Night limitNone
Primary residenceNot required
Total tax rate0.1%
Permit fee$75
Processing time4-6 weeks

4 things hosts often miss

Common compliance gaps
  1. 1Strict 150-permit limit citywide; if the cap is reached, new applications are waitlisted.
  2. 2Individual owners are strictly limited to ONE permit/property citywide.
  3. 3A 4.5% State Lodging Tax becomes effective January 1, 2025, in addition to the 2% City tax.
  4. 4Corporate/LLC ownership is allowed but capped at six properties total.

Regulation details

Sourced from official code
Eligibility8 rules
  • Wilmington allows STRs in the following property types: Single Family, Townhouse, Condo, Apartment.
  • Wilmington does NOT allow tenants to host STRs. Only property owners may operate short-term rentals.
  • Wilmington limits hosts to a maximum of 1 STR properties per owner.
  • Wilmington prohibits STRs in the following property types: Vans, RVs, Income-restricted affordable housing, Public housing.
Requirements10 rules
  • Wilmington: A fire inspection may be required before you can operate. Schedule early as this can delay your start date.
  • Wilmington requires liability insurance for STR hosts. Minimum coverage: $1,000,000. Liability insurance specifically covering short-term rentals
  • Wilmington: Hosts must report their rental activity monthly to the city, even if platforms collect taxes.
Application process9 rules
  • Wilmington: To apply for an STR permit, you'll need: Business License, Proof of Liability Insurance, STR Course Completion Certificate, Operator Contact Information.
  • Wilmington STR permit - Step 1: Verify Eligibility and Cap Status. Confirm the property is not in an HOA-restricted building or affordable housing unit. Check if the citywide 150-permit cap has been reached. Time: 1-3 days.
Fees & costs1 rule
  • Wilmington charges a registration fee of $75 (annual). Extended/additional fee: $120 (A general business license fee may also apply).
Taxes2 rules
  • Wilmington charges a City Short-Term Rental Lodging Tax of 0.02%. This applies to stays under 31 days. Note: Owners must remit monthly to the Dept of Finance if platforms do not
  • Wilmington: A 4.5% State Lodging Tax becomes effective January 1, 2025, in addition to the 2% City tax.
Limits & restrictions8 rules
  • Wilmington limits stays to a maximum of 30 nights.
  • Wilmington limits STRs to a maximum of 12 guests. Formula: 2 per bedroom
  • Wilmington: Each person can only register ONE property for short-term rental. You cannot legally operate multiple STRs.
  • Wilmington: Individual owners are strictly limited to ONE permit/property citywide.
Safety requirements1 rule
  • Wilmington requires the following safety measures for STRs: smoke detectors, CO detectors, fire extinguisher, fire inspection, posted maximum occupancy, posted emergency contact, Windows/Doors must be weather-tight, GFCI outlets near sinks, Minimum 7ft ceiling height, STR training course completion.
Penalties2 rules
  • Wilmington enforces the following penalties for STR violations: First offense: $250 fine. Second offense: $500 fine. Third offense: Permit revocation. Permit may be revoked for violations.
  • Wilmington: Repeated violations can result in permanent permit revocation. You would lose the ability to operate any STR.
Exemptions2 rules
  • Wilmington exempts the following from STR regulations: long-term rentals (30+ days), extended stays, Hotels, Motels, Bed and Breakfasts.
  • Wilmington: Rentals of 30+ days are generally NOT considered short-term rentals and may be exempt from STR regulations (but may have other requirements).

How to get permitted

Step-by-step guide for Wilmington

0/5
steps completed
Step 1

Verify Eligibility and Cap Status

Confirm the property is not in an HOA-restricted building or affordable housing unit. Check if the citywide 150-permit cap has been reached.

1-3 daysFree
Official resource
Step 2

Obtain Wilmington Business License

Apply for a general business license through the Department of Finance.

1-2 weeks$120
Documents needed
  • EIN or SSN
  • Photo ID
Official resource
Step 3

Complete Short-Term Rental Course

Complete the mandatory safety and noise management course provided virtually by the Department of Licenses and Inspections.

1 dayFree
Step 4

Submit STR Owner Permit Application

File the formal STR permit application including the $75 fee and proof of $1 million liability insurance.

2-4 weeks$75
Documents needed
  • Proof of Insurance
  • STR Course Certificate
  • Operator Contact Info
Official resource
Step 5

Schedule Safety Inspection

Undergo an interior and exterior inspection by the Department of L&I to ensure code compliance.

1-2 weeksFree
Official resource

Frequently asked questions

1 answered

Disclaimer

Regulatory information is AI-researched from public city/county codes for educational purposes. Details may be outdated or incomplete. Always verify requirements directly with your city/county planning department before operating a short-term rental.

Researched & verified by Learn STR at GoStudioM

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