Sub-Lease
The concept of sublease can be in the form of transferring the right to use to another tenant, as well as giving the tenant to another tenant in whole or in part, provided that it does not lead to a change that will damage the lessor.
But;
-A tenant from one of the parties to the lease agreement cannot rent the tenant to someone else, nor transfer the right to use it, unless the lessor has the written consent of the lessor in the rental of a residential building and a roofed workplace.
-In addition, if the sub-tenant who inherits the leasehold from the original tenant uses the leasehold in a different way than the one recognized by the tenant, the tenant will be fully responsible to the lessor. In such a case, the lessor may also use the rights he has against the tenant against the sub-tenant or the person who inherits the right to use.
When establishing a sub-lease relationship, if the right of use is transferred, the parties to the lease agreement will not change, but the use of the leaseholder will be transferred to someone else.
As mentioned above, the law provides for the transfer of the right to sublease and use in lease agreements for residential and roofed workplaces with 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 against the sub-tenant and the right to use the rights he has against the lessor against the lessor.
If the transfer of the right to sublease and use in lease agreements subject to general provisions does not depend on the approval of the lessor, but there is a transfer ban in the contract by the parties, and despite this, it is transferred to someone else, in this case it is also a violation of the contract.
The lessor may refrain from giving consent. The obligation of the lessor to give consent to the transfer of the lease relationship has only brought an exception in the law in terms of workplace rents. In other words, if the lessor can put forward a justified reason for renting a workplace, only then can he avoid giving approval.
Example : the fact that the economic power of the person receiving the transfer is not good, etc.
There are 2 rental relationships in the sublease agreement.
The first of these is the main lease agreement between the decessor and the tenant (first tenant).
The other is the lease agreement between the tenant (first tenant) and the third person(second tenant) who rents the one rented from the decoy.
The responsibility of the first tenant to the lessor does not end with the establishment of the second contract.For example, if the second tenant damages the lessee, the first tenant will be responsible for such damages.
In the sub-lease, the tenant must pay the rental price to the lessor of the second contract (the first principal tenant).
However, the lessor of the first contract(the lessor of the main one) cannot force the sub-lessor to pay the rental price itself.
Even if the lessor(main lessor) of the first contract and the lessee (sub-lessee) of the second contract have agreed on the payment of the rental price to him, the lessee of the second contract does not relieve the lessor (first lessor) of the responsibility to pay the rental price against the lessor(first lessor).
