According to Article 323 of the Turkish Code of Obligations under the subheading “transfer of the lease relationship” “The lessee cannot transfer the lease relationship to another person unless he obtains the written consent of the lessor. The lessor cannot refrain from giving this consent unless there is a justifiable reason. The person to whom the lease relationship is transferred with the written consent of the lessor replaces the lessee in the lease agreement, and the transferor lessee is released from his obligations to the lessor. In workplace leases, the transferor lessee shall be jointly and severally liable with the transferee until the end of the lease agreement and for a maximum period of two years.” It is regulated.
Transfer of lease agreements regarding residential buildings;
It is necessary to examine whether it is possible to transfer the lease agreements made regarding the residences. Accordingly, pursuant to Article 323 of the Turkish Code of Obligations, the lessee cannot transfer the lease relationship to another person unless he obtains the written consent of the lessor.
Transfer of lease agreements regarding workplaces;
The lessor cannot refrain from giving the written consent to the lessee unless there is a justified reason. In this case, in lease agreements, the lessor, as a rule, is not obliged to consent to the transfer of the lease relationship; however, in workplace leases, in accordance with Article 323 of the law, it may refrain from giving consent only in the presence of justified reasons.
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