Adding a Roommate to Your Lease in Delaware: A Renter’s Guide

Sharing your rental home with a new roommate in Delaware can help manage expenses and create a more comfortable living situation. However, before welcoming someone new, it’s important to follow the legal steps required to add a roommate to your lease. This ensures everyone’s rights are protected—yours, your roommate’s, and your landlord’s.

Can I Add a Roommate in Delaware?

In Delaware, you can usually add a roommate to your lease, but most rental agreements require the landlord’s written approval first. Adding a roommate without permission can lead to lease violations, risking eviction or legal disputes.

Check Your Lease—What Does It Allow?

Always read your rental agreement. Most leases in Delaware will outline terms about:

• Who is allowed to live on the premises
• Occupancy limits
• Whether subletting or adding roommates is allowed
• Notification or approval process required by your landlord

If you’re not sure, check with your property manager or landlord before moving forward.

How to Add a Roommate: The Legal Steps

Here’s a summary of what Delaware renters usually need to do when adding a roommate:

• Review your lease agreement for specific roommate or subletting clauses.
• Get written permission from your landlord: Delaware law requires that all occupants be disclosed and approved by the landlord.
• Your roommate completes an application: Most landlords require the new roommate to submit a rental application and may run a background or credit check.
• Sign a lease addendum or new lease: The landlord may ask everyone to sign a lease addendum or a brand-new lease listing all tenants, so your roommate is officially recognized.

These steps may vary slightly based on the property or landlord’s policies, but landlord approval and documentation are always required under Delaware’s Residential Landlord-Tenant Code.^[1]

Official Forms You Might Use

• Lease Addendum (No official state-required form number)
  When: If your landlord agrees to add the roommate, a lease addendum form documents the update to your current lease.
  How: The landlord provides this—there is no mandatory statewide version. Commonly called "Roommate Lease Addendum" or "Lease Modification Agreement." Make sure all parties sign it.
  Learn more at Delaware's official Landlord-Tenant resource.

The Delaware Division of Consumer Protection recommends always using written agreements when updating lease occupants. If your landlord does not provide a form, ask them to draft one or refer to the state’s landlord-tenant mediation contacts for assistance.

What If My Landlord Refuses?

Your landlord can legally refuse to add a roommate unless your lease allows it explicitly. However, a written denial protects you from claims of unauthorized occupants. Open communication and proper paperwork can avoid confusion or disputes.

Your Rights and Responsibilities

Both you and your roommate are responsible for following the updated lease. If your roommate fails to pay rent or violates the lease terms, you may also be held liable. Naming all adults on the lease ensures clear legal rights to occupancy and notice.

• All tenants have the right to receive official notices from the landlord
• Each named tenant is legally responsible for rent and property care
• Proper paperwork helps prevent misunderstandings later

For more, see Delaware’s Landlord-Tenant Code and the guidance from the Consumer Protection Unit, Delaware Department of Justice.^[1][2]

Who Handles Rental Complaints in Delaware?

The Delaware Justice of the Peace Court is responsible for handling residential tenancy disputes, including issues related to leases and occupants.^[3]

FAQ: Delaware Roommates, Subletting & Shared Housing

1. Do I have to get my landlord's permission to add a roommate in Delaware?
   Yes. Most leases and Delaware law require landlord approval before a new adult moves in. Always get written consent to avoid lease violations.
2. Will my rent increase if I add a roommate?
   A landlord can request a rent increase if the original lease allows for it when more occupants are added. Review your lease and discuss potential changes in writing.
3. Is there a Delaware government form for adding a roommate?
   No official state form exists. Landlords typically provide a lease addendum or new lease. Confirm everything in writing with your landlord.
4. Can my landlord deny my request to add a roommate?
   Yes, unless your lease specifically states otherwise. Landlords typically retain approval rights over who lives in their property.
5. Who do I contact if I have a dispute about adding a roommate?
   You can contact the Delaware Justice of the Peace Court or the Consumer Protection Unit for guidance or file a complaint.

Conclusion: Key Takeaways

• Delaware renters must obtain landlord approval before adding a roommate
• Always use a written lease addendum or updated lease to include new occupants
• Understanding your lease and Delaware’s landlord-tenant laws keeps everyone protected

Having proper documentation and honest communication makes shared housing successful and legally secure.

Need Help? Resources for Renters

• Delaware Residential Landlord-Tenant Code — state tenancy law
• Delaware Justice of the Peace Court — tribunal for rental disputes
• Delaware Consumer Protection Unit — landlord-tenant help and complaint forms
• Delaware State Housing Authority — housing programs and tenant support

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1. Delaware Residential Landlord-Tenant Code
2. Delaware Consumer Protection Unit, Department of Justice
3. Delaware Justice of the Peace Court (Residential Tenancy Tribunal)

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