THE RIGHT TO SUE IN EVICTION CASES

1-The Right of the Lessor to Sue arises from the contract

-If the Lessor has More Than One, all the lessees must file a lawsuit together

2-The owner has the right to File a Lawsuit based on the right of ownership

3-The Right to Sue the New Owner If the new owner has acquired the leased after the lease agreement has been established, the previous owner has the right to sue as a successor

My Fixed-Term Lease Agreement

The lease agreement can be concluded for a certain and non-certain period of time.

The lease agreement, which expires without any notice upon the expiration of the agreed period, is of a fixed duration.

Other lease agreements are considered to have been made for a non-specific period of time.

Change of Hands of the Lessee TBK 310 md

If the lease changes hands for any reason after the establishment of the contract, the new owner becomes a party to the lease agreement.

The provisions on expropriation are reserved

Sub-Lease TBK 322

The lessee may lease the leasehold to someone else in whole or in part, as well as transfer the right to use it to someone else, provided that this does not lead to a change that will harm the lessor.

-The tenant 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 buildings and roofed workplaces.

-If the sub-tenant uses the leaseholder in a way other than that recognized by the lessee, the lessee will be liable to the lessee. In this case, the lessor may use the rights he has against his tenant against the sub-tenant or the one who has inherited the right to use

In the transfer of the right of use, the parties to the lease agreement do not change, the use of the lessor is transferred to someone else.
In the second paragraph of the article, the transfer of the right to sublease and use of residential and roofed establishments in lease agreements is subject to the consent of the lessor.
In the last paragraph, it is stated 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 them against the transferee.
Although the transfer of the right to sublease and use in lease agreements subject to the general provisions is not subject to the consent of the lessor, it is contrary to the contract if the transfer is transferred to someone else despite the prohibition of transfer in the contract by the parties.
The lessor may refrain from giving consent. The obligation of the lessor to approve the transfer of the lease relationship has only brought an exception in this regard in terms of workplace leases in the law
Only the lessor can refrain from giving approval for justified reasons when renting a place of work.
In other words, there are two separate lease relationships in the sub-lease when the lessee rents the lessee.
The first of these is the actual lease agreement between the lessor and the lessee (the first Dec).

The second is the lease agreement between the lessee (the first tenant) and the third person who rents the Decommissioned one.in the second case, the lessee of the first contract is the lessor of the second contract.

With the establishment of the second contract, the first tenant’s liability to the lessor continues.if the second tenant damages the lessor, the first tenant is responsible for these damages.

In the sublease, the lessee must pay the rental price to the lessor of the second contract (the first lessee).
The lessor of the first contract cannot force the sub-tenant to pay the rental price himself.
Even if the lessor of the first contract and the lessee of the second contract have agreed on the payment of the rental fee to him, the lessee of the second contract does not relieve the lessee of the responsibility to pay the rental fee to the lessor.

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