25 Del. C. ch. 55 § 5508
Landlord remedies; restrictions on subleasing and assignments
Operative Text
(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.
Under Delaware Code Title 25, Section 5508, tenants generally have the right to sublet or assign their rental agreement unless a written agreement says otherwise. A landlord may fully restrict or prohibit assignments, and may condition subleasing on their own consent — but that consent cannot be withheld unreasonably. If a dispute arises over whether consent was unreasonably withheld, the law places the burden of proving reasonableness on the landlord, not the tenant.
Plain English — not legal advice.
Under 25 Del. C. § 5508, compliant operators who wish to control subletting and assignment typically include clear, written provisions in the rental agreement addressing these rights. A landlord may prohibit assignments outright, but if the lease conditions subleasing on landlord approval, that approval must not be unreasonably withheld. In any legal proceeding challenging a denial, the landlord bears the burden of demonstrating that the refusal was reasonable, so operators generally document their reasons for denying a sublease request.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 5508 of Title 25 of the Delaware Code gives tenants a default right to sublet or assign unless the rental agreement restricts it in writing. If a lease requires landlord consent for subleasing, that consent cannot be unreasonably withheld, and importantly, the burden of proving reasonableness falls on the landlord — not the tenant — in any legal proceeding. Tenants who believe consent has been unreasonably denied may consider consulting a tenant-rights organization or seeking guidance from a local legal aid office to understand available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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