Delaware Sublease of an Apartment - Real Estate Rental

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An sublease is an agreement by which a lessee or tenant of rental property rents out some or all of the property to another tenant (e.g., sublessee). A sublease is a contract transferring some of the original tenant's rights to a new tenant.
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FAQ

Delaware is one of only two states Airbnb does not collect state and/or municipal taxes in, according to its website. The company argues Airbnb activity directly benefits local economies, as hosts often recommend restaurants and activities in the community.

The Delaware sublease agreement is a contract that allows a tenant (sublessor) to rent, or sublet, all or part of the rental to a new tenant.

As a result, in 2014, a new law was passed, allowing local communities to adopt ordinances regulating vacation rentals, except that they could not prohibit them altogether or regulate the duration/frequency (i.e. can't limit owners to rent only 3 months of the year, or minimum stay of 30 days).

You can sublet part of your home with your landlord's written permission. If you sublet part of your home without permission, you are in breach of your tenancy agreement. Your landlord can't unreasonably withhold their consent to a request to sublet part of your home.

In Delaware, you can sublet unless your lease prohibits it. Landlords cannot unreasonably refuse your request to sublet, which means that if you provide an equally qualified subtenant, you should be good to go.

Owners must have a short-term rental license. Owners must be permanent residents of Dover and live in the home when they are not renting it out. The number of guests should never exceed double the amount of rooms. (For example, a three-bedroom house has a maximum of six people).

How to Sublet Your ApartmentCheck your local laws.Choose a qualified subtenant.Request a rent deposit from your subtenant.Finalize a sublet agreement.Get your landlord's approval.Collect and store a security deposit.Set up rent payments.

Is Subletting Illegal? In most cases, subletting is legal if the tenant obtains the landlords permission to let out the rental property. However, if the tenant sublets without written permission, they could come into legal difficulties.

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Delaware Sublease of an Apartment - Real Estate Rental