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 term: ☐ Fixed term ending [__/__/____] ☐ Month to month. 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 a known fixed master-lease end. If the master lease is month to month, confirm that Sublessor's right to occupy supports this planned term. 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.

Each full rental period is a calendar month. Monthly rent: $[________], due on day [1-28] of each month to [PAYEE] by [METHOD] at [ADDRESS/ACCOUNT]. First full monthly payment, if one occurs: ☐ None ☐ The monthly rent above covers [MONTH, YEAR], after any initial partial month ends, and is due [__/__/____] (use the monthly due day stated above). Initial partial-month rent, if any: $[________ / NONE] for [START DATE / NONE] through [END DATE / NONE], due [__/__/____ / NONE] to [PAYEE / NONE]. Final partial-month rent, if the stated term ends during a rental month: $[________ / NONE] for [START DATE / NONE] through [END DATE / NONE], due [__/__/____ / NONE] to [PAYEE / NONE]. Each partial amount replaces monthly rent for its listed dates; no dates are charged twice. If the entire stay falls in one partial calendar month, enter its payment only as the initial partial amount and mark the first full and final partial periods "none."

Sublessor will credit rent already paid for dates covered by a completed partial-month amount and refund any excess for those dates within 15 days after this sublease lawfully ends.

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]. Any utility charge billed separately to Subtenant must comply with 25 Del. C. § 5312, including applicable metering, actual-cost, and bill-inspection rules. Otherwise, include that cost in the stated rent rather than charging a separate utility share.

If Sublessor accepts rent in cash, Sublessor will give Subtenant a receipt within 15 days and keep cash rent receipt records for three years.

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 [__/__/____]. No vacant unit known or reasonably suspected to have a current bed bug infestation may be shown, rented, or leased to a prospective tenant. Adjacent unit currently infested or being treated: ☐ No ☐ Yes; disclosure: [________________________________]. Sublessor will give Subtenant the Attorney General's summary of the Delaware Residential Landlord-Tenant Code at the start of this term. Other attached disclosures: [LIST / NONE].

If this unit was constructed before January 1, 1978, complete this state disclosure once 25 Del. C. § 5406(a) takes effect, using the owner's certification information: Unit and premises certification status: ☐ Lead safe ☐ Lead free ☐ Not certified. Certification date: [DATE / NONE]. Lead inspector: [NAME / NONE].

When the guide-delivery provisions of 25 Del. C. § 5124 have been implemented under 85 Del. Laws ch. 277 § 5, Sublessor will provide the Real Estate Commission's rights and responsibilities guide to each prospective Subtenant before entering this Agreement and obtain receipt acknowledgment. The guide does not replace separate required disclosures. Guide edition/delivery date, or provision not yet implemented: [____]. Subtenant receipt acknowledgment, if delivered: [NAME, SIGNATURE, DATE].

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.

Lead-Based Paint Disclosure for Covered Pre-1978 Housing

Property construction year: [____]. Complete and sign this disclosure before a covered pre-1978 lease or separate subtenancy is signed. Give each covered lessee the federally approved lead-hazard information pamphlet and available lead records or reports before signing.

Lead Warning Statement (40 C.F.R. § 745.113(b)(1)):

Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, lessors must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. Lessees must also receive a federally approved pamphlet on lead poisoning prevention.

Sublessor disclosure: ☐ Sublessor knows of lead-based paint or lead-based paint hazards in the dwelling. Location, condition of painted surfaces, and basis for that knowledge: [________________________________]. ☐ Sublessor has no knowledge of lead-based paint or lead-based paint hazards in the dwelling.

Records and reports: ☐ Sublessor has provided Subtenant copies of all available records and reports concerning lead-based paint or lead-based paint hazards, listed here: [________________________________]. ☐ Sublessor has no such records or reports.

Subtenant acknowledgment: Subtenant acknowledges receipt of Sublessor’s disclosure above, the records and reports identified above (if any), and the federally approved lead-hazard information pamphlet.

Agent acknowledgment, if an agent participates: Agent has informed Sublessor of the obligations under 42 U.S.C. § 4852d and is aware of the duty to ensure compliance with the federal disclosure rule. ☐ No agent participates in this lease.

The undersigned certify that their statements in this disclosure are accurate to the best of their knowledge.

Sublessor signature: [________________________] Date: [__/__/____]

Subtenant name: [________________________] Signature: [________________________] Date: [__/__/____]

Agent signature, if any: [________________________] Date: [__/__/____]