Sublease
The concept of sublease may be that the lessee gives the lessee to another lessee in whole or in part, provided that it does not lead to a change that will harm the lessee, or the right to use it may also be in the form of transferring it to someone else.
But;
-The lessee of the parties to the lease agreement may not rent the leasehold to anyone else, as well as transfer the right to use it, unless the written consent of the lessor is obtained in the rental of residential and roofed workplaces.
-In addition, if the sub-tenant who inherits the leasehold from the main tenant uses the leasehold in a way other than that recognized by the lessee, the lessee will be fully liable to the lessee. In such a case, the lessor may also use the rights he has against his tenant against the sub-tenant or the person who has inherited the right to use it.
When establishing a sub-lease relationship, if there is a transfer of the right of use, the parties to the lease agreement do not change, but the use of the lessor is transferred to someone else.
As mentioned above, the law provides that the transfer of the right to sub-lease and use in lease agreements related to residential and roofed workplaces is subject to the consent of the lessor.
Again, the relevant article of the law mentioned that the sub-tenant will be directly responsible to the lessor and that the lessor can use the rights he has against his tenant together with the lessee against the sub-tenant and the right to use them against the transferee.
If the transfer of the right to sublease and use in lease agreements subject to the general provisions is not subject to the approval of the lessor, but there is a ban on transfer by the parties in the contract, and despite this, it is transferred to someone else, in this case there is also a violation of the contract.
The lessor may refrain from giving consent. The obligation of the lessor to approve the transfer of the lease relationship has only introduced a b exception in terms of workplace leases in the law. In other words, if the lessor can put forward a justified reason for renting a place of work, only then he can refrain from giving consent.
Example : The economic strength of the person taking over is not good, etc.
There are 2 lease relationships in the sub-lease agreement.
The first of these is the actual lease agreement between the principal lessor and the lessee (dec first tenant).
The other is the lease agreement between the tenant (first tenant) and the third person who rents the decommissioned one (second tenant).
With the establishment of the second contract, the first tenant’s liability to the lessor does not end.For example, if the second tenant damages the lessor, the first tenant will be responsible for these damages.
In the sublease, the lessee must pay the rental price to the lessor of the second contract (the first principal lessee).
However, the lessor of the first contract(the main lessor) cannot force the sub-tenant to pay the rental price himself.
Even if the lessor of the first contract (the original lessor) and the lessee of the second contract (the sub-lessee) have agreed to pay the rent to him, the lessee of the second contract does not relieve the lessee of the responsibility to pay the rent to the lessor (the first lessee).
