Residential Rental Properties

The City Council passed Sub. 1 to Ordinance 06-016 (Wilmington City Code Chapter 34-45) requiring all rental properties in the City of Wilmington, Delaware to be registered, licensed and inspected by the City. The City's primary concern is to gain compliance with its regulations relating to the safe occupancy of property and ensure that rental properties are conforming to the same property maintenance standards as owner occupied homes within the City.

With the goal of preserving and improving the City of Wilmington's rental properties and, in turn, its neighborhoods, we are pleased to present you with this guide of useful and important information. The information in this guide will help the City of Wilmington's staff work together with landlords to keep properties in good condition, protect individual and business investments, and make properties continually attractive and healthy for residents and visitors to enjoy.

We encourage all landlords to understand and abide by the City codes related to their properties and to be aware of their responsibility in ensuring the integrity of our valued neighborhoods.

In that effort, the Department of Licenses and Inspections will continue our residential rental property inspections.

We are anticipating full compliance from the owners of rental properties and we look forward to assisting you with this process.

Contact L & I

Mailing Address

Department of Licenses and Inspections
Louis L. Redding City/County Building
800 N. French Street, 3rd Floor
Wilmington DE 19801

Phone: (302) 576-3030
Fax: (302) 571-4423

Code Enforcement: (302) 576-3030
Zoning Enforcement: (302) 576-3040

Rental Property Registration Process

How the Program Works

The Residential Rental Property Licenses and Inspection Program is a three-part process that requires the owner of a rental property to:

  1. obtain and maintain a Residential Property Rental License annually;
  2. register all rental properties; and
  3. receive interior and exterior inspections

The Department of Licenses and Inspections will inspect your rental property(ies) on a two- or five-year cycle, depending upon the number of units in a particular rental property. Inspectors need not inspect each unit in a building, but may randomly select units for inspection. Further, both occupied and vacant units are subject to inspections.

Step 1. Application Process

If you do not have a rental license, rental property owners are required to apply for and retain a Residential Property Rental License from the City of Wilmington (Wilmington City Code §5-92).

  1. An application will be mailed with the letter to rental property owners when their respective census tract rotation occurs; or
  2. Residential Property Rental Application

If the property owner does not live in New Castle County, Delaware, a property manager must be retained.

The property manager is required to have a City of Wilmington business license and a State of Delaware business license. He or she may contact the City of Wilmington, Division of Finance at (302) 576-2415 and the State of Delaware at 577-8778 for additional information.

Application Review

  1. Applications will be checked for general compliance with the City ordinances.
  2. If the application is approved, an inspection will be scheduled.

Step 2. Registration Process

All rental properties (including newly-acquired properties) must be registered with the Department of Licenses and Inspections. If you purchased or sold any rental properties, you may be required to provide proof of the transaction. For your convenience, the Residential Property Rental License Application and Supplemental Property Registration Form will accompany the letter or can be downloaded here:

  1. Residential Property Rental License Application
  2. Supplemental Property Registration Form

Step 3: Property Inspection

After the City has reviewed the requisite documentation and approved your application for a license, an inspection of the property(ies) will be scheduled. Please review the section Preparing for an Inspection.

Preparing for an Inspection

Interior Maintenance

Windows/Doors

  • Easily operable weather tight frames and windowpanes free of broken or cracked glass and loose or deteriorated materials

Walls/Ceilings/Floors

  • Minimum 7’0”ceiling height without water damage or defective surface conditions
  • Structurally sound and free of tripping hazards
  • No insect and/or rodent infestation

Hallways/Stairs/Landings

  • Clear pathways capable of supporting imposed loads with securely attached hand and guard rails

Electrical/Mechanical/Plumbing

  • Properly installed service panel(s), outlets, plumbing and heating system free of electrical hazards with all unused gas lines adequately capped

Fire Protection

  • Properly installed and working smoke detector located on all sleeping areas; one smoke detector must be in the main living area. If basement or cellar, additional detector at or near top of basement stairs. One smoke detector at each common hallway landing – multi-dwelling units.
  • Carbon monoxide detector within 40’ of all sleeping rooms; carbon monoxide detector must be in mail liing area and in basement.

Kitchen

  • Properly connected and working plumbing, appliances, lighting and ventilation with suitable space and sanitary conditions
  • Adequate outlets free of electrical hazards
  • GFCI on kitchen countertop/wall. All outlets within 6’0” of sink be GFCI

Bathrooms

  • Properly installed and operating facilities with hot and cold running water to each fixture, proper lighting, ventilation and working outlets free of electrical hazards
  • Must have at least one GFCI outlet adjacent to sink. All outlets must be GFCI.

Exterior Maintenance

Grounds

  • Grounds free of high weeds and grass, unsanitary conditions, debris, junk vehicles, etc

Foundations/Roof/Gutters/Downspouts

  • • Structurally sound without holes or gaps
  • • Intact shingles and flashing that is structurally sound and free of leaks
  • • Properly attached and unobstructed for discharge of drain water

Stairways/Porches/Decks/Balconies

  • Evenly spaced steps with firmly anchored hand and guard rails

Windows/Doors/Chimneys

  • Secure doorframe molding that is weather tight, rodent proof, free of loose, broken or deteriorated materials.
  • Lock windows, if accessible (first floor or over roof)
  • No barred windows
  • Working hardware with readily operable locks that tightly secure exterior doors (single cylinder locks only)

Walls/Overhangs/Painted Surfaces

  • Weather protected and intact with non-peeling, chipping or flaking paint that is free from rot
  • Visibly posted unit numbers on front and back of building

Fences/Accessory Structures

  • Permitted and properly located with no damaged, missing or leaning sections

Electrical/Other

  • Adequate and properly installed wiring, fixtures and outlets with cover plates on all outlets and service panels
  • Property should be maintained free of rodent infestation and accumulated debris with adequate trash and/or recycling facilities
  • All repairs, maintenance work, alterations or installations shall be conducted in a workmanlike manner. Workmanlike is defined as executed in a skilled manner; generally plumb, level, square, inline, undamaged, and without marring adjacent work.

Owner/Property Manager Responsibility

When the rental property inspection(s) has been scheduled, it is the owner’s responsibility to ensure that he/she or the property manager will be present and that the tenants are properly notified that a Code Enforcement Inspector from the Department of Licenses and Inspections will be inspecting their units.

If the property fails either the interior or exterior inspection, the owner is responsible for ensuring the noted violations are corrected. After the violation is corrected, Department of Licenses and Inspections will re-inspect the property to verify that the violation has been corrected. The initial inspection and the first re-inspection are provided at no charge to the applicant. Subsequent re-inspections will be assessed a fee of $25.00 each.

If the owner fails to comply with the requirements, he/she will be in violation and subject to a criminal summons, carrying a fine of up to $1,000, together with cost and disbursements of prosecution for failing to obtain the required rental property license, inspection and/or registration of the property(ies).

As a member of the Wilmington community, we each have a very important role in making the City of Wilmington one of America’s best. Thank you for helping realize the City’s goal of livable neighborhoods.