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).
This 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. That can make subleasing risky for the original tenant, and also for the landlord.
To save time and ensure everything is filled out correctly, we recommend using our free Delaware sublease agreement builder or reading our steps on how to write a Delaware sublease agreement below.
How to Write a Delaware Sublease Agreement
- Select the Type of Property You Have — Whether you have a house, apartment, condo, or something else, clearly list it in the sublease.
- Name the Current Tenant(s) — List the current tenant/s, including the sublessor.
- Provide the Address Where Notices and Rent Are Sent — This is usually the address of the subleased property, but not always.
- List the Name(s) of the New Subtenant(s) — Clearly state the person or people who plan to sublease the property.
- List the Name of the Landlord From the Original Lease — Always include the full name of the landlord, for both the sublessor and subtenant’s reference.
- Make and Attach a Copy of the Original Lease — Including a copy of the original lease makes expectations like rent cost and house rules clear to the subtenant.
- List the Address of the Subleased Property — Make sure the property address is correct and on the sublease agreement.
- Write Out Exactly What the Subtenant is Paying For — Make it clear what the tenant can and can’t access, like which bedroom(s), bathroom(s), parking space(s), etc. they can use.
- Provide the Beginning and Ending Dates of the Sublease — Subleases are usually temporary, so make it clear how long you agree to have a subtenant living on the property.
- List the Rent Amount and Any Other Fees — In addition to the portion of rent that the subtenant is responsible for, include any other fees and utilities owed.
- List Any Restrictions — Note pet and/or smoking restrictions in the sublease, as well as any other restrictions pertaining to the use of the property.
Delaware Sublease Laws
You should check your original lease agreement to see if you’re allowed to sublet your apartment. It’s recommended that a tenant receive written permission from their landlord before subletting in Delaware. Once you’ve filled out a Delaware sublease agreement, you will be responsible for your subtenant and liable for any violations of the original lease.
A sublessor must honor the terms of the sublease agreement (as well as the original lease) and follow all Connecticut laws regarding the eviction process, security deposits, and all other landlord-tenant matters.
Delaware Landlord-Tenant Laws: Title 25, Part III of the Delaware Code
In Delaware, a sublessor must:
- Give a subtenant five days (5) written notice to pay rent or leave
- Return the security deposit within twenty days (20) of the end of the sublease, or within fifteen days (15) of receiving the subtenant’s forwarding mail address
- Provide sixty days (60) written notice of your intent to not renew the sublease and/or original lease
Delaware Sublease FAQs
Is it illegal to sublease in Delaware?
It’s not illegal to sublease a property in the state of Delaware, but the original lease agreement itself may not allow tenants to sublease. Reading your lease carefully before you sign it can help you determine if you can sublease in the future
Does a tenant need permission to sublease?
Tenants need permission to sublease only if the original lease requires the landlord’s consent. However, it’s a good idea for the tenant to ask for consent first either way, to avoid potential conflict with the landlord.
If subleasing isn’t restricted in the original lease, then the landlord must have an adequate reason if they choose to not permit their tenant to sublease the property. Adequate reasons can include a subtenant’s bad credit or unemployment.
If there’s a dispute regarding a tenant’s right to sublease their rental, the burden of proof is on the landlord.
How can a tenant get permission to sublease?
In Delaware, a tenant who wants to sublease their apartment, house, or condo should get permission from their landlord in writing. Sending them a letter by certified mail will ensure it’s received.
Outline the terms of the agreement in the letter, and wait thirty days. If you don’t have a response by then, you can assume you have permission, and can create a sublease based on the information you provided in the letter.
How Can a Person Get Out of a Sublease Agreement?
Getting out of a sublease agreement is the same as getting out of a lease agreement. Sublessors in Delaware must follow the same eviction process as a landlord would have to in the state.
Subtenants trying to get out of a sublease agreement should ask their sublessor if they’re willing to end the sublease early. Additionally, subtenants can break a sublease if the sublessor or landlord mismanage the property, or otherwise violate the agreement themselves.