• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Legal Templates

Legal Templates
  • Business Forms
    • Business Formation
      • LLC Operating Agreement
      • Articles of Incorporation
      • Shareholder Agreement
      • Partnership Agreement
      • Business Purchase Agreement
      • Joint Venture Agreement
      • Single-Member LLC Operating Agreement
    • Business Operations
      • Letter of Intent
      • Non-Disclosure Agreement (NDA)
      • Non-Compete Agreement
      • Invoice Template
      • Purchase Order
      • Hold Harmless Agreement
      • Release of Liability Form (Waiver)
      • Buy-Sell Agreement
      • Construction Contract
      • Licensing Agreement
    • Employment
      • Independent Contractor Agreement
      • Employment Contract
      • Freelance Contract
      • Leave of Absence Letter
      • Leave of Absence Agreement
      • Resignation Letter
    • Cease and Desist Letter
      • Copyright Infringement
      • Debt Collection
      • Defamation
      • Harassment
      • Trademark Infringement
  • Real Estate Forms
    • Lease Agreements
      • Lease/Rental Agreement
      • Sublease Agreement
      • Room Rental Agreement
      • Month-to-Month Lease Agreement
      • Commercial Lease Agreement
      • Short Term Lease Agreement
      • Land Lease Agreement
      • Lease Renewal
      • Lease Amendment
    • Lease Termination Letter
      • Eviction Notice
      • Notice to Vacate
      • Early Lease Termination Letter
      • Late Rent Notice
    • Deeds & Property
      • Warranty Deed
      • Mortgage Deed
      • Quitclaim Deed
      • Deed of Trust
      • Mechanic’s Lien
      • Property Management Agreement
    • Rental Application
    • Real Estate Purchase Agreement
    • Employment Verification Letter
  • Estate Planning Forms
    • Power of Attorney
      • Medical Power of Attorney
      • Durable Power of Attorney
      • Revocation of Power of Attorney
    • Wills
      • Living Will
      • Last Will and Testament
      • Codicil to Will
    • Advance Directive
    • Living Trust
    • DNR Form
  • Finance Forms
    • Loans
      • Promissory Note
      • Loan Agreement
      • IOU
      • Demand For Payment Letter
    • Bill of Sale
      • Vehicle Bill of Sale
      • Boat Bill of Sale
      • Firearm Bill of Sale
      • Horse Bill of Sale
      • Trailer Bill of Sale
    • Sales & Purchases
      • Sales Agreement
      • Purchase Agreement
      • Gift Affidavit
      • Stock Purchase Agreement
  • Personal/Family Forms
    • Affidavits
      • Affidavit of Death
      • Affidavit of Domicile
      • Affidavit of Heirship
      • Affidavit of Identity
      • Affidavit of Residence
      • Affidavit of Service
      • Affidavit of Title
      • Financial Affidavit
      • Gift Affidavit
      • Small Estate Affidavit
    • Marriage
      • Divorce Agreement
      • Prenuptial Agreement
      • Cohabitation Agreement
      • Separation Agreement
      • Postnuptial Agreement
    • Child & Pet Forms
      • Child Medical Consent
      • Child Travel Consent Form
      • Child Custody Agreement
      • Pet Care Agreement
    • Medical Records Release Form
  • Resources
    • All Legal Documents
    • Article Categories
      • Business
      • Estate Planning
      • Financial
      • Personal & Family
      • Real Estate
  • Help
    • Email Us
    • Contact Us
    • About Us
  • Sign In
  • :email
    • Dashboard Home
    • My Account
    • My Billing History
    • Sign Out
  • Help
    • Contact Us
    • Email Us
    • About Us
    • (855) 335-9779 Monday-Friday, 10AM - 6PM EDT
  • Sign In
  • :email
    • Dashboard Home
    • My Account
    • My Billing History
    • Sign Out

Home Legal Documents Lease/Rental Agreement Sublease Delaware

Free Delaware Sublease Agreement

Use our Delaware Sublease Agreement to sublet to a new tenant.

Updated November 9, 2020

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

  1. Select the Type of Property You Have — Whether you have a house, apartment, condo, or something else, clearly list it in the sublease.
  2. Name the Current Tenant(s) — List the current tenant/s, including the sublessor.
  3. Provide the Address Where Notices and Rent Are Sent — This is usually the address of the subleased property, but not always.
  4. List the Name(s) of the New Subtenant(s) — Clearly state the person or people who plan to sublease the property.
  5. 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.
  6. 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.
  7. List the Address of the Subleased Property — Make sure the property address is correct and on the sublease agreement.
  8. 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.
  9. 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.
  10. 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.
  11. 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.

Sublease Agreement: In Other States

  • Connecticut
  • Maryland
  • New Jersey
  • Pennsylvania
  • Virginia
  • District of Columbia

Delaware Real Estate Documents

View All Documents

End a Lease

  • Delaware Eviction Notice

Create a Lease

  • Delaware Lease Agreement

Buy/Sell Real Estate

  • Delaware Quitclaim Deed
Delaware sublease agreement
PDF Word

Free Delaware Sublease Agreement Form

Create Your Delaware Sublease Agreement in Minutes!

Legal Documents

  • All Legal Forms
  • Bill of Sale Forms
  • Quitclaim Deed
  • Cease and Desist
  • Last Will and Testament
  • Articles of Incorporation

Popular Forms

  • Lease Agreements
  • Power of Attorney Forms
  • Eviction Notice
  • Living Will
  • Non-Disclosure Agreement

Resources

  • Business
  • Estate Planning
  • Financial
  • Personal & Family
  • Real Estate

Company

  • Home
  • Pricing
  • Blog
  • About Us
  • Contact Us
  • Partner With Us

Users

  • Account
  • Terms of Use
  • Privacy Policy
  • Do Not Sell My Personal Information
  • Cookie Preferences
McAfee - Together is power.
Trustpilot
BBB Accredited Business

(855) 335-9779, Monday-Friday, 10AM - 6PM EDT

Facebook Twitter LinkedIn

Copyright 2021 Legal Templates LLC. Legal Templates LLC is not a lawyer, or a law firm and does not engage in the practice of law. Legal Templates cannot and does not provide legal advice or legal representation. All information, software and services provided on the site are for informational purposes and self-help only and are not intended to be a substitute for a lawyer or professional legal advice. Use of this site is subject to our Terms of Use.