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How To Sublet Legally In Delaware

Subletting legally in Delaware means following the terms of your rental agreement If your lease says no subletting then you simply can't do it.


Delaware statutes address the topic of subleasing explicitly. This means that you and your landlord will have clear guidance when wondering what's legal and what isn't.

Once you're ready to sublet your Delaware apartment you can follow these steps to make sure that you do so without exposing yourself (or your landlord) to any unnecessary risks

  1. Check your lease. If your lease does not mention or prohibit subletting then you are in the clear and free to do so. But, most likely, your lease contains a clause that requires you to obtain your landlord’s approval prior to subletting.

  2. Mail a Letter. You should send a letter to your landlord via certified mail, return-receipt requested, and save a copy of the document for your own records. Certified mail is the only proof of delivery that most courts will accept and thus is the best way to protect yourself. The letter should clearly outline the terms of the agreement and include the following information:

    • The term (starting and end dates) of the sublet or the date of the proposed assignment (30 days from when you sent the letter)
    • The name of the proposed subtenant or assignee
    • The permanent home address of the proposed subtenant or assignee
    • Your reason for subletting or leaving permanently
    • Your new address during the sublease if applicable
    • The written consent of any co‑tenant
    • A copy of the proposed sublease
  3. Screen your subtenant carefully. The key to getting permission from your landlord is suggesting a subtenant who is as qualified as you are. This means that they pass the same requirements you had to meet in the first place.

    If you find someone who makes even slightly less income it will be easier for your landlord to leave you in a lurch by refusing.

  4. Wait for approval. If your lease says that you are not allowed to sublet under any circumstance then your landlord can ignore or refuse your request with impunity. If this happens, your only recourse will be to tell your landlord that they have a duty to mitigate damages by accepting your subtenant.

    On the other hand, if your lease says that you can sublet with landlord approval or makes no mention of sublets then your landlord cannot refuse your request without a good reason.

    Legal grounds for refusal may include:

    • The financial responsibility of the proposed assignee or subtenant.
    • Intended use of the property.
    • The legality of the proposed use.
    • The nature of the occupancy.
    • The compatibility of the tenant’s use with the uses of the other tenants.
  5. Collect and store a security deposit. Hooray - you're approved! To protect yourself against damages to the apartment or any belongings that you leave in the space, you should take a security deposit from your subtenant. Follow Delaware laws for accepting and holding security deposits as best you can. The most important thing to do is agree on the state of the apartment with your subtenant so that you don't get charged for damages caused by them.

  6. Stay Responsible. Remember just because you aren’t living in the place anymore, doesn’t mean that you aren’t held accountable to the terms of your lease. It is still up to you to make sure that the rent is paid on time and that none of the lease terms are broken.

    You don't want to spend the first day of every month pestering someone for rent so that you can pay your landlord. You don't want to have to think about it at all. Agree on a process for rent payments before they move in. Put this process in writing in the sublet agreement that you both sign.

The information provided on this website does not, and is not intended to, constitute legal advice.