Sublease Agreements Within The Context Of The Turkish Code Of Obligations

Introduction

Lease agreements are amongst the most common types of agreements, organizing property usage, as regulated under the Turkish Code of Obligations numbered 6098 ("TCO"). Authority to sublet a leased property to third parties is one of the authorizations of the TCO granted to the lessee, who is to use the property subject to the lease agreement, in lieu of a certain rent amount. Within this scope, Art. 322 of the TCO allows subleasing under certain circumstances. As per the provision in question, the lessee may fully or partially sublet the leased property to third parties, provided that he/she does not give rise to damaging modifications to the property. This newsletter article evaluates the rather complex concept of sublease that embodies various diversified views, in practice.