Lease Agreement – Sublease
Sublease
The concept of sublease may be in the form of the lessee giving the leased property to another lessee in whole or in part, as well as the transfer of the right of use to someone else, provided that it does not lead to a change that will harm the lessor.
However;
-The lessee, one of the parties to the lease agreement, cannot rent the leased premises to another person or transfer the right to use the leased premises without the written consent of the lessor in residential and roofed workplace leases.
In addition, if the sub-lessee, who takes over the leased property from the original lessee, uses the leased property in a manner other than that granted to the lessee, the lessee shall be fully liable to the lessor. In such a case, the lessor may exercise the rights it has against the lessee against the sub-lessee or the person who transfers the right of use.
If the right of use is transferred while establishing a sublease relationship, the parties to the lease agreement do not change, but the use of the leased property is transferred to someone else.
As mentioned above, the law requires the consent of the lessor for sublease and transfer of the right of use in lease agreements regarding residential and roofed workplaces.
The relevant article of the law also mentions that the sub-lessee will be directly and fully liable to the lessor and that the lessor may use its rights against the sub-lessee and the transferee of the right of use together with the lessee.
In lease agreements subject to general provisions, subletting and the transfer of the right to use are not subject to the lessor’s approval, but if there is a prohibition of transfer in the contract by the parties and despite this, if it is transferred to someone else, then there will be a breach of contract.
The lessor may refrain from giving consent. The obligation of the lessor to approve the transfer of the lease relationship, but the law has made an exception in terms of workplace leases. In other words, in workplace leases, if the lessor can claim justified reasons, only then he can refrain from giving consent.
Example: The economic power of the transferee is not good, etc.
There are 2 lease relationships in the sublease agreement.
The first one is the original lease agreement between the lessor and the lessee (first lessee).
The other is the lease agreement between the lessee (first lessee) and the third party (second lessee) who leases the leased property.
The first tenant’s liability to the lessor does not end with the establishment of the second contract. For example, if the second tenant damages the lessor, the first tenant will be responsible for these damages.
In sublease, the lessee must pay the rent to the lessor of the second contract (the first original lessee).
However, the lessor of the first contract (the original lessor) cannot force the sub-lessee to pay the rent to him.
Even if the lessor of the first contract (original lessor) and the lessee of the second contract (sub-lessee) agree on the payment of the rent to him, the lessee of the second contract does not release the lessee of the second contract from the responsibility to pay the rent to the lessor (first lessee).