Subletting Laws in Delaware

If you're a tenant or landlord looking for clarity on the topic of legal sublets in Delaware then you're in luck. Title 25¹ of the Delaware code addresses the topic of subletting and gives some pretty clear guidance to both sides of a lease agreement. Here's what you need to know.

What your lease says matters most

In Delaware, you can sublet unless your lease prohibits it. If your lease is silent on the topic, or if you're on a verbal lease, then there is no need to ask your landlord for approval. You can simply go ahead and choose a subtenant.

On the other hand, your lease may restrict or prohibit subletting. In this case, you need to follow the instructions carefully. In most cases, leases will say that you can sublet as long as you get the landlord's consent.

Your landlord can't refuse to approve a sublet for no reason

Landlords cannot unreasonably refuse your request to sublet, which means that if you provide an equally qualified subtenant, you should be good to go. In other words, if you need to ask for approval your landlord can't refuse your request without reasonable cause.

It's up to your landlord, not you, to prove that their denial of a sublet request was reasonable. This means that they will need to have clear evidence in hand demonstrating why they had good reason to reject your request.

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[1] 25 DE Code § 5508 (2022)