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Delaware Restrictions on Tenant Subleasing and Assignments

The Delaware Code Title 25 Chapter 55 Section 5508 allows for a landlord to accept or reject a tenant’s ability to assign or sublet a residential lease agreement in the following manner:

Restrictions on Subleasing and Assignments

(a) Unless otherwise agreed in writing, the tenant may sublet the premises or assign the rental agreement to another.

(b) The rental agreement may restrict or prohibit the tenant’s right to assign the rental agreement in any manner. The rental agreement may restrict the tenant’s right to sublease the premises by conditioning such right on the landlord’s consent. Such consent shall not be unreasonably withheld.

(c) In any proceeding under this section to determine whether or not consent has been unreasonably withheld, the burden of showing reasonableness shall be on the landlord.

Del. Code § 5508.

See also Delaware Prohibited Rental Agreement Provisions.

Return to Delaware Landlord-Tenant Laws.