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.

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]