Delaware Rules for Hotel and Motel Residents: Tenant Rights

If you’re staying in a Delaware hotel or motel long-term, you may wonder about your rights if issues like eviction or disputes arise. Delaware law treats some hotel and motel guests as tenants, which can give you extra legal protections. Understanding when and how tenancy laws apply is critical for protecting yourself.

Who Is Considered a Tenant in a Delaware Hotel or Motel?

Not everyone staying in a hotel or motel in Delaware is legally considered a tenant. Delaware’s main law for renters, the Landlord Tenant Code (Title 25, Chapter 51), has specific exemptions and rules for hotels and motels.

• Short-Term Guests: Typically, guests staying for fewer than 30 consecutive days are considered guests and not legal tenants under state law.
• Longer Stays: If you’ve been in the hotel/motel for more than 30 days, or the owner accepts rent on a regular basis, you may become a legal tenant. This means Delaware’s residential tenancy protections may apply to you.
• Other Factors Matter: If the hotel/motel is your primary residence, or there’s a written or verbal agreement of ongoing stay, this may impact your tenancy status.

If you’re unsure of your status, you can review the Delaware Landlord-Tenant Code guide published by the Attorney General’s office for clarification.

Your Rights as a Hotel or Motel Tenant

Once you are established as a legal tenant, several important rights and protections may apply under the Landlord Tenant Code of Delaware. Here’s what this means for you:

• Eviction Protections: The owner must follow lawful eviction procedures. You cannot be locked out or evicted without proper notice. Learn more at the Delaware Judicial Branch Landlord Tenant site.
• Notice Requirements: You’re generally entitled to written advance notice before eviction, depending on your situation. For non-payment, this could be as short as 5 days; for other issues, it’s usually longer.
• Habitability: The hotel or motel must keep your living space reasonably safe, clean, and functional as required by Delaware code.
• Security Deposits: If you pay a deposit, the rules for how it is returned and when deductions are allowed generally follow standard tenant rules.
• Rent Increases: You must get written notice before any rent hike if you qualify as a tenant.

However, if your status is that of a guest, these protections typically do not apply.

Official Forms and Where to Get Help

If you believe your rights as a hotel or motel tenant have been violated, Delaware provides official forms and complaint channels. Here are key examples:

• Summary Possession Complaint Form – Used if a landlord seeks a court order to evict a tenant.
  Example: If you receive a notice of eviction, you may get a summons with this form attached. You can respond or appear in court to present your case.
  Download landlord/tenant court forms from the Delaware Courts website.
• Tenant Answer to Complaint – Used to respond if you are summoned to court over a landlord/tenant dispute.
  Example: File this form by the deadline if you want to defend against eviction.
  Find tenant court forms here.
• Consumer Complaint Form (Office of the Attorney General)
  Example: If you feel your hotel or motel operator has violated the law or failed to return a deposit, submit this to the state Attorney General.
  Submit a complaint here.

Always use the official Delaware court system or Attorney General’s office resources for filing or responding to legal papers.

Who Handles Disputes? Delaware’s Landlord-Tenant Tribunal

Residential tenancy disputes in Delaware, including those for hotel or motel tenants, are generally handled by the Justice of the Peace Court - Landlord Tenant Division. This is the official body for resolving eviction, deposit return, and other rental issues.

The Justice of the Peace Court provides resources, forms, and instructions for both landlords and tenants.

How to Take Action if Your Hotel or Motel Rights Are Violated

If you believe you’ve been unfairly removed, denied essential services, or otherwise treated unlawfully as a hotel or motel tenant:

• Gather your payment receipts, written agreements, and any messages with the property owner.
• Read the Delaware Landlord-Tenant Code sections on hotel/motel exceptions and tenant rights.
• Contact the Delaware Attorney General’s Consumer Protection Unit for guidance or to submit a complaint.
• If you are given a court eviction notice, respond using official court forms and appear at your scheduled hearing.

FAQ: Delaware Hotel and Motel Tenancy Rules

1. How long do I have to stay in a Delaware hotel or motel before I’m a legal tenant?
   Generally, if you stay over 30 consecutive days or have a continuing rental agreement, you may acquire tenant rights. Shorter stays usually do not qualify.
2. Can a hotel or motel lock me out without notice?
   No, if you are legally considered a tenant. You must be given lawful notice and an opportunity to respond before eviction.
3. What do I do if my hotel won’t return my security deposit?
   You can file a Consumer Complaint with the Attorney General or seek return via the Justice of the Peace Court.
4. Do tenant protections apply to all extended stays?
   Not always. If the hotel/motel remains a "transient guest" facility and you lack regular rental arrangements, you may not qualify as a tenant. Review your stay situation carefully.
5. Where do I find official forms for court or complaints?
   Official forms are available on the Justice of the Peace Court website and the Attorney General’s Consumer Complaint portal.

Key Takeaways for Delaware Hotel and Motel Tenants

• If you stay in a Delaware hotel or motel for over 30 days, the law may consider you a tenant—and extra protections may apply.
• Legal tenants cannot be locked out or evicted without a court process and written notice.
• Always use official Delaware court or Attorney General channels to file complaints or respond to eviction notices.

Need Help? Resources for Renters

• Justice of the Peace Court - Landlord Tenant Division: Primary tribunal for rental disputes and eviction hearings.
• Delaware Attorney General’s Consumer Protection Unit: Help filing complaints or guidance on the Landlord-Tenant Code.
• Delaware State Housing Authority – Renters Resources: Housing assistance and legal resources.
• Delaware Courts – Legal Assistance for Tenants: Find help, FAQs, and tenant forms.

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1. Delaware Landlord Tenant Code (Title 25, Chapter 51)
2. Justice of the Peace Court – Landlord Tenant Division
3. Delaware Attorney General’s Office – Landlord-Tenant Information
4. Delaware Courts – Landlord/Tenant Forms

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