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Delaware Sublease Agreement Template

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Delaware Sublease Agreement Template

Updated March 01, 2024

A Delaware sublease agreement is a legally binding document in which a tenant leases all or part of their rented premises to a sub-lessee. While the sub-lessee pays rent for the property, the original tenant remains responsible for the lease until it expires. A sublease is typically bound by the same terms as the original lease.

Right to Sublet

Delaware law permits a tenant to sublet their rented premises unless otherwise agreed in writing.[1] The lease may restrict or prohibit a sublease; however, a landlord may not unreasonably withhold consent. Subleasing terms and restrictions can vary between lease agreements. Tenants are urged to read their lease before deciding how to proceed.

If the lease is unclear on the subject or doesn’t address subleasing, open communication with the landlord is typically the best course of action. When a landlord’s permission is required to sublet, using a Landlord Consent Form is a simple way to get written permission.

Short-Term (Lodgings) Tax

Delaware does not have statewide legislation defining short-term rentals (STR).[2] Instead, municipalities are left to define and regulate STRs on their own. Most local governments define STRs as 30 days or less, though specific tax rates, required permits, and regulations do vary by location. The state levies an 8% tax on short-term rental transactions.[3]

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  1. Delaware Residential Landlord-Tenant Code
  2. Delaware General Assembly, HB 168
  3. 30 Del. C. 1953, §  6102