Residential Sublease Agreement - Delaware

Residential Sublease Agreement — Delaware

Before you use this: Attach the complete master lease. Check its written subletting terms, document any required primary-landlord consent, and confirm that this sublease ends no later than the primary tenant's right to occupy.

This Sublease Agreement is made on [__/__/____] between [PRIMARY TENANT FULL NAME] (“Sublessor”) and [SUBTENANT FULL NAME] (“Subtenant”). The primary landlord is [LANDLORD FULL NAME]. The parties agree as follows.

1. Premises and authority to sublet

Dwelling address: [STREET, UNIT, CITY, COUNTY, DELAWARE ZIP].
Space sublet: ☐ Entire dwelling ☐ [ROOM/AREA], with shared use of [COMMON AREAS].
Master lease dated: [__/__/____]. Master lease ends: [__/__/____]. The complete master lease and amendments are attached as Exhibit A and delivered to Subtenant before signing.

Under 25 Del. C. § 5508, Sublessor may sublet unless the parties agreed otherwise in writing. The parties document the applicable route:

☐ The attached master lease does not condition this sublease on landlord consent or otherwise restrict it. Identified provision, if any: [________________________________].
☐ The attached master lease conditions subletting on landlord consent. The primary landlord's written consent is attached as Exhibit B or signed below. Delaware law says that consent may not be unreasonably withheld. Subtenant will not take possession until the required consent is documented.

This agreement is subordinate to the master lease and conveys no right to occupy beyond Sublessor's lawful right. Subtenant will comply with the master lease's applicable lawful rules provided in Exhibit A. Sublessor remains bound to the primary landlord unless that landlord separately releases Sublessor in writing.

2. Term and rent

Occupancy begins: [__/__/____]. Fixed term ends: [__/__/____], no later than the master lease end. Any agreed extension must be in writing, signed by both parties, and consistent with the master lease and any required landlord consent. A rental agreement for one year or more may continue month to month under § 5108(a) if the statutory notices are not given; that continuation cannot grant possession beyond Sublessor's own right under the master lease.

Monthly rent: $[________], due on the [____] day of each month to [PAYEE] by [METHOD] at [ADDRESS/ACCOUNT]. First payment: $[________] due [__/__/____]. Partial-month rent, if any: $[________] for [DATES].
Sublessor's permanent payment location in the county of the dwelling: [ADDRESS]. If no such place is maintained, the agreed payment time is extended three days under § 5501(d).

Late charge: $[________ / 0], due only if expressly selected here and rent remains unpaid more than five days after the applicable payment time. It may not exceed 5% of monthly rent.
Utilities and services: [IDENTIFY EACH SERVICE, PAYER, SPLIT, AND DUE DATE].

3. Security deposit

Refundable deposit: $[________], paid [__/__/____]. For a term of one year or more, the deposit will not exceed one month's rent. For an unfurnished, primary residential month-to-month or indefinite tenancy lasting one year or more, Sublessor will immediately credit any deposit above one month's rent after that year. Furnished dwelling? ☐ Yes ☐ No. Federally assisted housing? ☐ Yes ☐ No.

Sublessor will hold the deposit in a designated escrow account at a federally insured bank with an office accepting deposits in Delaware. Bank and account location disclosed to Subtenant: [________________________________]. The deposit may cover only amounts permitted by § 5514, including unpaid rent and actual damage beyond normal wear and tear. The parties will complete the move-in condition record in Exhibit C.

Within 20 days after this agreement expires or terminates, Sublessor will return the amount owed and give Subtenant an itemized list of any damage and estimated repair costs, as § 5514 requires. Subtenant's address for deposit notices and return: [ADDRESS]. Subtenant may update it by written notice at or before termination. The statutory consequences of failing to give a written forwarding address remain applicable.

4. Occupancy, condition, and disclosures

Other approved occupants: [NAMES]. Pets: [MASTER LEASE TERMS / NONE]. Parking and storage: [TERMS / NONE]. Subtenant will use the premises as a residence, prevent avoidable damage, comply with lawful master-lease rules, and promptly report needed repairs to Sublessor. Sublessor will coordinate matters requiring the primary landlord's action. No term waives a right or duty that Delaware law makes nonwaivable.

Before renting, the owner or property manager visually inspected for bed bugs on [__/__/____]. Adjacent unit currently infested or being treated: ☐ No ☐ Yes; disclosure: [________________________________]. Sublessor has given Subtenant the Attorney General's summary of the Delaware Residential Landlord-Tenant Code at the start of this term. Other attached disclosures: [LIST / NONE].

5. Notices, ending occupancy, and surrender

Owner or resident agent name and usual business address: [________________________________].
Person acting as landlord and usual business address: [________________________________].
Sublessor's notice address: [________________________________].
Subtenant's notice address: [________________________________].

Any statutory notice will be given by a method required by Delaware law. A notice required to terminate or regain possession is separate from this agreement. The parties will observe applicable statutory notice periods and procedures, including § 5106 if a fixed term or later month-to-month tenancy is to end. At lawful termination, Subtenant will surrender possession, keys, and access devices, remove personal property, and give any updated forwarding address in writing. Neither party may use a self-help lockout.

6. Signatures and consent

Delaware law governs. Any amendment must be written and signed by both parties and approved by the primary landlord when the master lease requires that approval. Sublessor will provide Subtenant a free copy of this signed agreement.

Sublessor signature: ______________________________ Date: [__/__/____]
Printed name: [________________________________]

Subtenant signature: ______________________________ Date: [__/__/____]
Printed name: [________________________________]

Primary landlord's consent, if required: I consent to this sublease and its stated term. My signature does not release Sublessor from the master lease unless I separately agree in writing.

Primary landlord signature: ______________________________ Date: [__/__/____]
Printed name and title: [________________________________]

Exhibits: A — Master lease and amendments; B — separate written landlord consent, if any; C — move-in condition record; D — other disclosures, if any.