Can a tenant sublet in Delaware?
In Delaware, unless otherwise agreed in writing, a tenant may sublet the premises or assign the rental agreement to another person. A rental agreement may restrict or prohibit assignment in any manner. It may restrict subleasing by making it conditional on the landlord’s consent, and that consent may not be unreasonably withheld. In a proceeding over whether consent was unreasonably withheld, the landlord has the burden of showing that it was reasonable. The lease can add its own conditions where the statute allows, so read the lease’s sublet clause together with this rule. This is 25 Del. C. § 5508.
| What | Delaware |
|---|---|
| Subletting | Allowed unless the lease restricts it; consent may not be unreasonably withheld |
| Kind of rule | A right the statute gives the tenant |
Source
Read the statute in the Delaware Code (Delaware General Assembly): delcode.delaware.gov.
Checked against the statute on November 13, 2026.
This is a summary of a published statute, not legal advice. Rules change, local ordinances can add to them, and the terms of a specific lease may differ. Check the citation and speak to a lawyer before acting.
How Seayora uses this rule
Seayora keeps every lease’s term, rent and signers in one record and dates every change to it. This page states the state’s rule so a lease’s own early-termination and sublet clauses can be checked against it before the lease is signed.
Guides on this rule
- Subletting Laws by State: When a Tenant May Sublet — Whether a tenant may sublet an apartment, the 18 states with a statute on subletting, and who owes the rent during a sublease.
Compare this rule in every state
More Delaware rules
- How long does a landlord have to return a security deposit in Delaware?
- How much can a landlord charge for a security deposit in Delaware?
- How many days does a tenant get to pay late rent in Delaware?
- How much notice does a landlord have to give before entering in Delaware?
- How much notice does a landlord have to give before raising the rent in Delaware?
- How much notice must a landlord give to end a tenancy in Delaware?
- How much can a landlord charge for a late rent fee in Delaware?
- Is there a grace period for paying rent in Delaware?
- How much can a landlord charge for a rental application fee in Delaware?
- What are squatters’ rights in Delaware?
- Can a landlord refuse a Section 8 voucher in Delaware?
- Can a landlord retaliate against a tenant for complaining in Delaware?
- Can a tenant repair and deduct from rent in Delaware?
- What happens if a tenant breaks a lease in Delaware?
- Do contractors charge sales tax in Delaware?
- Every Delaware rule on one page
The same question in other states
- Alaska
- District of Columbia
- Georgia
- Hawaii
- Kansas
- Kentucky
- Louisiana
- Missouri
- Montana
- New Hampshire
- New York
- Oklahoma