Sublease Agreement

Sublease Agreement refers to the legal relationship that arises when a tenant leases all or part of the rented immovable property to a third party. This agreement places the original tenant in the position of “sublessor” and the third party in the position of “sublessee,” while the original lease agreement remains in effect. Article 322 of the Turkish Code of Obligations governs this relationship and specifies that when a tenant leases the rented property to another person or transfers the right to use it, such an arrangement constitutes a sublease agreement. A sublease agreement creates a separate contractual obligation independent of the original lease agreement.

Obligations of the Parties

The obligations of the parties in a sublease relationship can be summarized as follows:

Obligations of the Original Tenant (Sublessor)

Obligations of the Sublessee

Obligations of the Lessor

Conditions and Provisions of the Agreement

For a sublease agreement to be valid, the original tenant must obtain written consent from the lessor. A sublease agreement entered into without such written consent may be grounds for termination by the lessor. While a sublease agreement is independent of the original lease agreement, it is limited in duration and scope by the terms of the original lease. The termination or rescission of the original lease agreement automatically terminates the sublease agreement.

Relationship Between the Lessor and the Sublessee

There is no direct lease relationship between the original lessor and the sublessee. However, according to Article 322/3 of the Turkish Code of Obligations, the original lessor has the right to bring a direct lawsuit against the sublessee for damages caused by the sublessee’s unlawful use of the rented property. In such cases, the lessor may seek compensation for the damage inflicted on the rented property.

Eviction of the Sublessee

When the original lease agreement terminates, the sublease agreement also terminates and the sublessee must vacate the rented property. In this process, the lessor may file an eviction lawsuit against the original tenant. Court of Cassation rulings have established that the eviction of the sublessee is dependent on the eviction of the original tenant and that the lessor cannot file a direct eviction lawsuit against the sublessee. The sublessee’s obligation to vacate the property is part of the original tenant’s duty to vacate.