03 Jun RENTING THE LEASEHOLD TO SOMEONE ELSE
The sub-lease agreement is concluded between the principal Dec and the sub-tenant. However, the lease agreement between the original lessor and the original lessee does not expire. Dec. Thus, two lease agreements are available at the same time. The sublease agreement is also essentially a lease agreement. For this reason, the sub-tenant has all the rights and obligations that the tenants have against the sub-tenant. There is no contractual relationship between the lessor and the sub-lessee. Dec. There is no contractual relationship between the lessor and the sub-lessee.
In terms of ordinary rent: The lessee may sublease the lessee to someone else in whole or in part, provided that it does not lead to a change that will harm the lessee, -if there is no contract to the contrary. A sublease can be made for the entire leasehold, as well as for part of it.
For Renting a Residential Building and a Roofed Workplace: For renting a residential building and a roofed workplace, the lower rent can only be with the written consent of the lessor.
Together with the tenant in the rental of housing, his wife, children, parents, etc. it is natural that close relatives will also be seated. These situations cannot be characterized as sub-lease. In the event that the lessee takes on a partner, there is no change in the title of the lessee, only the lessee begins to use this lessee together with the lessee’s partner. The person received as a partner is not a party to the contract. There are decisions of the Supreme Court that recognize that the lessee can take a partner as long as there is no obstacle in the contract.
WRITTEN CONSENT FOR RESIDENTIAL AND ROOFED WORKPLACE RENTS
If the lessor has verbally consented to the sublease and has not made a sound about this situation, can it be argued that the consent was not given in writing afterwards? Asserting that the consent given is invalid by claiming that it is contrary to the figure later in the TMK m. Constitutes an abuse of the right in accordance with 2/II. Consent can be given for a single sublease agreement, as it can be given in general. A sub-lease agreement made without consent – which is not permissible- cannot be brought forward against the lessor. In addition, the lessor is TBK M. according to article 316, it acquires the right to terminate the original lease agreement.
DURATION OF THE SUB-LEASE AGREEMENT
The scope and duration of the sub-tenant’s right to use the property is limited by the right of the main tenant. The sub-tenant may not use the leasehold for a longer period of time than the lessee. Because the sub-tenant’s right to use the lessor is not based on an independent right, but on an authority that depends on the tenant’s right.
CONSEQUENCES OF SUBLEASE
The existence of a sublease does not affect the actual lease relationship. (Adj. hgk., E. 2011/749 K. 2012/50 T. 8.2.2012) The mutual obligations of the parties to the original lease agreement remain. The principal tenant continues to pay the agreed rental price to the lessor at the due date. The lessor’s obligation to leave the lessor for the use of the lessee continues. The sub-tenant -as a rule- has no contractual obligations to the lessor.
NON-PERMISSIBLE SUBLEASE
In the non-permissible sublease, the main tenant is TBK m for violation of the contract. in accordance with Article 112, the lessor must compensate for the damage suffered. If the lessor is also the owner, he can request the prevention of confiscation based on the right of ownership. If the lessor does not have the same right, TBK m. 322/f.he must be able to file a lawsuit in comparison with 3 (the right of direct claim). Note: The inadmissibility of the sublease does not lead to the invalidity of the sublease agreement. In this case, the sublease cannot be brought forward against the lessor.
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