Updated on September 24th, 2021
A Delaware sublease agreement is a rental form used by a tenant (“sublessor”) who intends on leasing a part or the entirety of their rental unit to another individual (“sublessee”). Terms and conditions such as rent payments, security deposits, utility payments and other fees, liability, and rules regarding pets, parking, and guests are included in the sublease.
Although signing a sublease means the subtenant will be responsible for paying rent and maintaining the condition of the property, the original tenant is ultimately liable to the landlord and is still bound to the terms of the original lease. Delaware law permits subleasing as long as the landlord consents, and the landlord may enter conditions into the original lease agreement that restrict or prohibit subleasing. However, a landlord may not unreasonably withhold consent to subleasing.
Laws – § 5508