Categories: General

Sublease

Lower Rent

The concept of lower rent may be that the lessee gives the lessee the lease in whole or in part to another lessee, provided that it does not cause a change that would harm the lessor, or that the right of use may be transferred to someone else.

But;

– The lessee from the parties of the lease agreement may not lease the lessee to another person or transfer the right to use it unless the written consent of the lessor in the rental of the dwelling and roofed work place.

– In addition, if the sub-tenant who takes over the lessee from the principal tenant uses the lessee in a manner other than that which is known to the lessee,the lessee shall be fully liable to the lessor. In such a case, the lessor may also use the rights he has against the tenant or the person who inherits the right to use them.

In the event of the transfer of the right of use during the establishment of the sub-lease relationship, the parties of the lease agreement will not change, but the use of the lessee will be transferred to another.
As mentioned above, the law is subject to the consent of the lessor for the transfer of the right to use and lower rent in the lease agreements relating to residential and roofed workplaces.
Again, the relevant law article 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 as well as the sub-tenant and the right to use them against the transfer area.
In the lease agreements subject to general provisions, the transfer of the right to sub-lease and use is not subject to the approval of the lessor, but if there is a transfer ban in the contract by the parties and if it is transferred to someone else in spite of this, there is also a breach of the contract in this case.
The lessor may avoid giving consent. The obligation of the lessor to give consent to the transfer of the lease relationship is only B in the law in terms of workplace rents has made an exception. In other words, if the lessor may claim a justifiable reason for the work place rents, then he or she may refrain from giving consent.
Example: the economic power of the Taker is not good, etc.

There are 2 lease relationships in the sub-lease agreement.
The first of these is the original lease agreement between the principal lessor and the tenant (the first tenant).

The other is the lease agreement between the third person (the second tenant) who leases the lease from the tenant(the first tenant).

By establishing a second contract, the liability of the first tenant to the lessor does not cease.For example, if the second tenant damages the lessor, the first tenant will be liable for such damages.

In the lower rent, the tenant must pay the rent to the lessor of the second contract (the first principal tenant).
However, the lessor of the first contract(the principal lessor) cannot force the lower tenant to pay the rent to himself.
The lessor of the first contract(the principal lessor) and the lessee of the second contract (the sub-tenant) have agreed to pay the rent to him, even if the lessee of the second contract(the lessee) does not relieve the lessee of the responsibility to pay the rent against the lessor (the first tenant).

Aşıkoğlu Law Office

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