A Delaware sublease agreement is a legal contract designed to give an original tenant (sublessor) the option to rent out their property — or part of the property — to a new tenant (subtenant). The subtenant must follow the same terms and conditions from the original lease.
However, the original tenant will still be held liable if the subtenant causes damage, breaches the lease, or doesn’t pay rent.
You should check your original lease agreement to see if you can sublet your apartment. It’s recommended that a tenant receive written permission from their landlord before subletting in Delaware.
Laws & Requirements
Sublease and Assignment Provision Laws: Section 5508 of the Delaware Code.
Landlord-Tenant Laws: Title 25, Part III of the Delaware Code.
Security Deposit Obligations: Sublessors in Delaware must return the security deposit within 20 days of the sublease’s end or 15 days of receiving the subtenant’s forwarding mail address.
Notices: Sublessors need to give their subtenants five days’ written notice to pay rent or leave. They also need to provide 60 days’ written notice of the intent not to renew the sublease and/or original lease.
Below, you can download our free Delaware sublease agreement template in PDF or Word format: