Overview: Are Short-Term Rentals Allowed in Lewes, DE?

Yes, short-term rentals are allowed in Lewes, Delaware, but they are subject to specific regulations under Chapter 150 of the City Code, which was adopted on October 10, 2022.

Lewes has implemented a comprehensive licensing and regulatory framework for short-term rentals (STRs). The city defines a short-term rental as "all or any portion thereof of a residential dwelling unit which is advertised or held out to the public as a place regularly rented for dwelling, lodging or sleeping purposes to one party, with a duration of occupancy of thirty (30) consecutive days or less."

This framework applies to properties across various zoning districts, including Lewes Beach (R3 and R3(H) zones), downtown Lewes (R4, R4(H), TC and TC(H) zones), and other residential areas (R2, R2(H), R1, and R5 zones).

The regulations focus on:

• Licensing requirements
• Operational standards
• Safety requirements
• Zoning compliance
• Tax obligations
• Enforcement and penalties

Hotels, motels, inns, and bed-and-breakfasts are regulated separately under different provisions of the City Code.

How to Start a Short-Term Rental Business in Lewes

Starting a short-term rental business in Lewes requires following a structured process to ensure full compliance with city regulations:

1. Research Zoning Requirements

First, verify that your property is located in a zoning district where short-term rentals are permitted. According to Chapter 150 of the City Code, short-term rentals are allowed only in accordance with the Table of Permitted Uses and Structures in Chapter 197 (Zoning). Different zoning districts may have different requirements or restrictions for STRs.

2. Obtain a Short-Term Rental License

All short-term rentals in Lewes must have a valid rental license from the City of Lewes. The license year runs from January 1 to December 31. Applications should be submitted through the Planning and Building Department.

3. Complete Safety Requirements

Ensure your property meets all safety requirements before operating:

• Install working smoke detectors in every bedroom, outside sleeping areas, and on all habitable floors
• Install working carbon monoxide detectors if the property has an attached garage or fuel appliances
• Provide a properly maintained and charged fire extinguisher
• Ensure GFCI receptacles are within six feet of the outside edge of any sink

4. Designate a Local Contact Person

Identify and designate a local contact person who will be available 24 hours a day and able to physically respond to the rental within two hours when the property is occupied. Their contact information must be made available to guests.

5. Prepare Required Documentation

Gather all required documentation for your license application, including proof of ownership, insurance information, and safety certifications.

6. Register for Tax Collection

Register for the Gross Receipts Rental Tax (GRRT) administered by the city. Additionally, you must comply with Delaware's state lodging tax requirements (4.5% as of January 1, 2025) and any applicable county lodging taxes.

7. Complete Annual Requirements

Maintain ongoing compliance with record-keeping, tax remittance, and renewal requirements.

Required Documents, Permits, Licenses, and Guidelines

License Application Requirements

When applying for a short-term rental license in Lewes, you must submit:

• Completed rental license application with property address and contact information
• Attestation of ownership interest in the property
• Documentation confirming all required safety equipment
• Proof that the property has no outstanding taxes, fees, or city liens (outside of a mortgage)
• Confirmation that the property is not subject to contractual restrictions precluding its use as a short-term rental
• Consent to inspection by the Planning and Building Department
• Completed Rental Property Information Form

Required Documentation for Guests

You must make the following information visible inside the dwelling:

• Property's rental identification number
• Maximum occupancy information
• Location of any off-street parking (if applicable)
• Contact information for the property owner or local representative
• Emergency numbers
• Waste and recycling pickup schedule
• Evacuation routes and zones map
• Good Neighbor Brochure

Required Permits and Licenses

• Short-Term Rental License: Required from the City of Lewes (license year runs January-December)
• Business License: May be required depending on your business structure (contact Delaware Division of Revenue)
• State Lodging Tax Registration: Required to collect and remit Delaware's state lodging tax (4.5% as of January 1, 2025)
• Gross Receipts Rental Tax Registration: Required to remit the city's GRRT

Guidelines and Standards

• Maximum occupancy: Two persons per bedroom plus an additional two persons (children 12 and under not counted)
• Compliance with all building, health, fire, and safety codes
• Compliance with zoning requirements
• Property must not be used for commercial/fundraising activities
• Adherence to noise, garbage, and property maintenance requirements
• Compliance with emergency orders
• No operation in recreational vehicles or nonresidential structures

Specific Regulations for Short-Term Rentals in Lewes, Sussex County, and Delaware

City of Lewes Regulations

Licensing and Fees

• License Application Fee: $100 (as of 2023)
• License Fee Due Date: February 1st annually
• Pro-Rated Fees: For properties beginning mid-year:
  • 3+ months: 100% of annual fee
  • Less than 3 months: 50% of annual fee
• Non-Transferable: Licenses cannot be transferred between properties or owners

Operational Standards

• Maximum Occupancy: Two persons per bedroom plus two additional persons (children 12 and under not counted)
• Local Contact Required: Must be available 24/7 and respond within 2 hours when requested
• Advertising Requirements: All advertisements must include the rental identification number
• Good Neighbor Brochure: Must be provided to every renter and kept in a conspicuous location
• Record-Keeping: Must maintain records of all booking dates and rental income for annual tax remittance
• Guest Information: Must provide emergency numbers, evacuation routes, and contact information

Prohibited Activities

• Commercial/fundraising activities (parties, weddings, paid performances, etc.)
• Operation in recreational vehicles or nonresidential structures
• Use that violates zoning district requirements

Safety Requirements

• Smoke detectors in every bedroom, outside sleeping areas, and on all habitable floors
• Carbon monoxide detectors in dwellings with attached garages or fuel appliances
• Properly maintained and charged fire extinguisher
• GFCI receptacles within six feet of outside edge of any sink

Violations and Penalties

License Violations (first/second/subsequent):

• First violation: Written warning
• Second violation: Fine
• Third/subsequent or 6 total violations: Fine and immediate license revocation

Operation Violations (first/second/subsequent):

• First violation: Written warning
• Second violation: Fine
• Third/subsequent or 6 total violations: Fine and immediate license revocation

Three repeat violations or any revocation results in denial of new license for 12 months.

Sussex County Regulations

Sussex County may impose a lodging tax of up to 3% on short-term rentals. For specific requirements, contact the Sussex County government.

Delaware State Regulations

Delaware imposes a 4.5% state lodging tax on short-term accommodation rentals, effective January 1, 2025. All short-term rental operators must collect this tax from guests and remit it to the Delaware Division of Revenue.

Key state-level considerations:

• No Statewide Licensing: Delaware does not have a statewide short-term rental licensing system
• Business Registration: Depending on your business structure, you may need to register with the Delaware Division of Revenue
• Tax Collection: Responsible for collecting and remitting state lodging tax (4.5%)
• Income Tax: Rental income is subject to state and federal income taxes
• Building Codes: Must comply with state building and safety codes

Contact Information for Local STR Authority in Lewes

City of Lewes Planning and Building Department

• Address: 114 E. Third Street, P.O. Box 227, Lewes, DE 19958
• Phone: 302-645-7777
• Email: Not specifically provided in source materials

For License Applications and Renewals:

• Contact the Planning and Building Department during regular business hours (Monday-Friday, excluding holidays)

For Complaints Regarding Short-Term Rentals:

• Weekdays: Contact the Planning and Building Department at City Hall
• Weekends, Holidays, and After Hours: Contact the Police Department
• Escalation: If you believe a complaint was not properly addressed, contact the City Manager in writing

Important Links to Source Pages

• City of Lewes Short-Term Rentals Information
• City of Lewes Short-Term Residential Rentals Requirements
• City of Lewes Rental Licensing Ordinance (Chapter 150)
• Adopted Chapter 150 Rental Licensing (2022-10-10)
• Rental License Application
• Rental Property Information Form
• Good Neighbor Brochure
• Trash Schedule
• Evacuation Routes and Zones Map
• Complaints Regarding Rentals
• Short-Term Rental Comment Form
• City of Lewes Forms and Applications

For Delaware state tax registration and requirements:

• Delaware Division of Revenue

For Sussex County lodging tax information:

• Sussex County Government