A sub-tenancy agreement is made between the main tenant and the sub-tenant. However , the lease agreement between the principal lessor and the principal renter does not expire . Thus, two lease agreements exist at the same time. A sublease is essentially a lease. Therefore , the sub – lessee has all the rights and obligations of the lessees against the sub – lessor . There is no contractual relationship between the lessor and the sub-tenant.
In terms of ordinary rent: The lessee may sub-lease the leased one wholly or partially, provided that there is no agreement to the contrary, provided that it does not cause any harm to the lessor. Sub-lease can be made for the entire leased property or for a part of it.
In Residential and Roofed Workplace Lease: In residential and roofed workplace rents, sub-lease can only be made with the written consent of the lessor.
In the housing rent, together with the tenant, his wife, children, parents, etc. It is natural for close relatives to live as well. These situations cannot be considered as sub-lease. In the event that the tenant buys a partner, there is no change in the title of the tenant, only the tenant starts to use the leased one together with the tenant 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 joint unless there is an obstacle in the contract.
WRITTEN CONSENT FOR HOUSING AND WORKPLACE RENTALS
If the lessor verbally consented to the sub-tenant and did not speak out, can it be argued that the consent was not given in writing afterwards? Claiming that the given consent is invalid on the grounds of violation of form constitutes abuse of right pursuant to Turkish Civil Civil Code 2/II. Consent can be given in general or for a single sub-lease agreement. A sub-lease agreement made without consent, which is not permissible, cannot be claimed against the lessor. In addition, the lessor acquires the right to terminate the main lease agreement in accordance with article 316 of the Turkish Code of Obligations.
DURATION OF THE SUB-LEASING AGREEMENT
The scope and duration of the sub-tenant’s right to use the property is limited to the right of the main tenant. A subtenant cannot use the leased property for a longer period than the lessee. Because the sub-tenant’s use of the leased property is not based on an independent right, but on an authority dependent on the right of the lessee.
RESULTS OF THE LOWER RENTAL
The existence of a sublease does not affect the original lease. (Judicial HGK., E. 2011/749 K. 2012/50 T. 8.2.2012) The mutual obligations of the parties to the main lease agreement continue. The principal tenant continues to pay the agreed rent to the lessor on due date. The lessor’s obligation to leave the leased property to the use of the lessee continues. As a rule, the sub-tenant has no contractual obligations to the lessor.
ILLEGAL LOWER LEAS
In non-permissible sub-lease, the principal tenant is subject to the Turkish Code of Obligations art. Pursuant to 112, the lessor must compensate the damage suffered. If the lessor is also the owner, he can demand the prevention of confiscation based on the property right. If the lessor does not have a right in rem, he should be able to file a lawsuit (direct demand right) by analogy with the Turkish Code of Obligations 322/f.3. Note: The invalidity of the sublease does not invalidate the sublease. In this case, the sublease cannot be claimed against the lessor.
