Eviction Cases
RIGHT TO BRING AN ACTION IN EVICTION CASES
1-The lessor’s right to bring an action arises from the contract.
-If there is more than one lessor, all lessors must bring the action jointly.
2-The owner has the right to bring an action based on the right of ownership.
3-The Right of the New Owner to File a Lawsuit: If the new owner has acquired the leased property after the lease agreement was established, they have the right to file a lawsuit as the successor of the previous owner.
Fixed-Term and Indefinite-Term Lease Agreements
A lease agreement may be established for a fixed or indefinite term.
A lease agreement that will terminate without notice upon the expiration of the agreed-upon term is a fixed-term agreement.
Other lease agreements are deemed to be for an indefinite term.
Change of Ownership of the Leased Property TBK 310
If the leased property changes hands for any reason after the agreement is established, the new owner becomes a party to the lease agreement.
Provisions relating to expropriation are reserved.
Sublease TBK 322
The tenant may sublet the leased property in whole or in part to another party, or transfer the right of use to another party, provided that such action does not cause harm to the lessor.
-In residential and commercial property leases, the tenant may not sublet the leased property to another party or transfer the right of use without the written consent of the lessor.
-If the subtenant uses the leased property in a manner other than that permitted to the tenant, the tenant shall be liable to the lessor. In such a case, the lessor may exercise the rights it has against the tenant against the subtenant or the transferee of the right of use.
In the transfer of the right of use, the parties to the lease agreement remain unchanged, but the use of the leased property is transferred to another party.
In the second paragraph of the article, the transfer of sublease and right of use in residential and commercial property lease agreements is subject to the consent of the lessor.
In the final paragraph, it is stated that the subtenant shall be directly liable to the lessor, and the lessor may also exercise the rights it has against the tenant against the subtenant and the transferee of the right of use.
In lease agreements subject to general provisions, the subletting and transfer of the right of use are not subject to the landlord’s consent, but if the parties agree to the transfer in the agreement, even if there is a prohibition on transfer, the transfer to another party constitutes a breach of contract.
The lessor may refuse to give consent. The lessor’s obligation to consent to the transfer of the lease relationship However, the law provides an exception in this regard for commercial leases
In commercial leases, the lessor may refuse to give consent only for valid reasons.
When the tenant sublets the leased property, there are two separate lease relationships.
The first is the main lease agreement between the lessor and the tenant (the first tenant).
The second is the lease agreement between the tenant (the first tenant) and the third party who leases the property. In the second case, the tenant of the first agreement is the lessor of the second agreement.
With the establishment of the second agreement, the first tenant’s liability to the lessor continues. If the second tenant causes damage to the lessor, the first tenant is liable for such damage.
In a sublease, the tenant is required to pay the rent to the lessor of the second agreement (the first tenant).
The lessor of the first contract cannot compel the subtenant to pay the rent to them.
Even if the lessor of the first contract and the tenant of the second contract have agreed that the rent should be paid to them, this does not relieve the tenant of the second contract of their obligation to pay the rent to the lessor.