Renting The Leased Property To Another Person
The sublease agreement is concluded between the main lessee and the sub-lessee. However, the lease agreement between the original lessor and the original lessee is not terminated. Thus, two lease agreements exist at the same time. The sublease agreement is essentially a lease agreement. Therefore, the sub-lessee has all the rights and obligations of the tenants against the sub-lessor. There is no contractual relationship between the lessor and the sub-lessee.
In terms of ordinary lease: The lessee may sublease the leased property in whole or in part to another person, provided that it does not lead to a change that will harm the lessor, unless there is no agreement to the contrary. Sublease may be made for the whole leased property or for a part of it.
Residential and Roofed Workplace Lease: In residential and roofed workplace leases, sublease can only be made with the written consent of the lessor.
In residential leases, it is natural for the tenant and his/her spouse, children, parents, etc. close relatives to live together. These situations cannot be characterised as sublease. In case the lessee takes a partner, there is no change in the title of lessee, only the lessee starts to use the leased property together with his partner. The person taken as a partner is not a party to the contract. There are decisions of the Court of Cassation accepting that the tenant can take a partner unless there is an obstacle in the contract.
WRITTEN CONSENT IN RESIDENTIAL AND ROOFED WORKPLACE LEASES
If the lessor has consented to the sublease verbally and has not made a sound, can it be claimed that the consent was not given in writing? Claiming that the given consent is invalid by alleging that it was not in writing constitutes an abuse of right pursuant to Article 2/II of the TCC. Consent may be given in general or for a single sublease agreement. A sublease agreement concluded without consent, which is not permissible, cannot be claimed against the lessor. In addition, the lessor has the right to terminate the main lease agreement according to Article 316 of the TCO.
DURATION OF THE SUBLEASE AGREEMENT
The scope and duration of the sub-lessee’s right to use the property is limited to the right of the main lessee. The sub-lessee cannot use the leased property for a longer period than the lessee. This is because the sub-lessee’s right to use the leased property is not based on an independent right, but on an authorisation dependent on the right of the lessee.
CONSEQUENCES OF SUBLEASE
The existence of the sublease does not affect the main lease relationship. (Judg. HGK, E. 2011/749 K. 2012/50 T. 8.2.2012) The mutual obligations of the parties to the main lease agreement continue. The lessee shall continue to pay the agreed rent to the lessor on due date. Lessor’s obligation to leave the leased property for the use of the lessee continues. The sub-lessee -as a rule- has no contractual obligation towards the lessor.
IMPERMISSIBLE SUBLEASE
In an impermissible sublease, the lessee must compensate the lessor for the damages incurred by the lessor due to the breach of contract in accordance with Article 112 of the TCO. If the lessor is also the owner, he may request the prevention of seizure based on the property right. If the lessor does not have a right in rem, it should be able to file a lawsuit by analogy to Article 322/f.3 of the TCO (direct claim right). Note: The non-permissibility of sublease does not lead to the invalidity of the sublease agreement. In this case, sublease cannot be claimed against the lessor.
You can access our other article examples and petition examples by clicking here.