The Delaware Code Title 25 Chapter 51 Section 5102 identifies the following circumstances which would be exempt under the Landlord Tenant Code:
Exclusions from Application of this Code
The following arrangements are not intended to be governed by this Code, unless created solely to avoid such application:
(1) Residence at an institution, whether public or private, where such residence is merely incidental to detention or to the provision of medical, geriatric, educational, counseling, religious or similar services, including (but not limited to) prisons, student housing provided by a college or school, old-age homes, nursing homes, homes for unwed mothers, monasteries, nunneries and hospitals.
(2) Residence by a member of a fraternal organization in a structure operated for the benefit of the organization.
(3) Residence in a hotel, motel, cubicle hotel or other similar lodgings.
(4) Nonrenewable rental agreements of 120 days or less for any calendar year for a dwelling located within the boundaries of Broadkill Hundred, Lewes-Rehoboth Hundred, Indian River Hundred, Baltimore Hundred and Cedar Creek Hundred.
(5) A rental agreement for ground upon which improvements were constructed or installed by the tenant and used as a dwelling, where the tenant retains ownership or title thereto, or obtains title to existing improvement on the property.
Del. Code § 5102.
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