TRANSFER OF THE TENANT'S RIGHT OF USE TO A THIRD PARTY - AŞIKOĞLU LAW OFFİCE
Aşıkoğlu started his position as the Alanya Public Prosecutor in 2009 and continued until 2013 when he quit his position to initiate his career as an attorney at law.
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TRANSFER OF THE TENANT’S RIGHT OF USE TO A THIRD PARTY

03 Jun TRANSFER OF THE TENANT’S RIGHT OF USE TO A THIRD PARTY

Posted at 22:57h in INFORMATION by
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The tenant transfers the right of use that he has to someone else in accordance with the lease agreement. This cycle can be partial or complete. The transfer of the right of use is essentially in the collateral provision of the receivable. Therefore, it can only be done in writing. The lessor may request the lessor to deliver the lessor and keep it in a convenient condition for use ( E. 2011/749 K. 2012/50 date 8.2.2012)

In Terms of Ordinary Rent: The lessee may transfer the use receivable arising from the lease agreement to a third party – unless there is a provision in the contract to the contrary.

When Renting a Residential and Roofed Workplace: The transfer of the right of use in residential and roofed workplace rentals can only be with the written consent of the lessor.

PROVISIONS OF THE TRANSFER OF THE RIGHT OF USE

If the right to use is transferred, the original lease relationship with the lessor does not end, -in particular, to pay the rental price – the lessor’s responsibilities remain. The assignee must use the leaseholder carefully and in accordance with the original lease agreement. Otherwise, the lessor is TBK M. it will be able to terminate the lease agreement within the terms stipulated in 316. The assignee cannot exercise the rights that affect the contract and give rise to innovation. However, it may use the rights that are related to the receivable right (for example, a request for the elimination of a defect).

TRANSFER OF THE LEASE AGREEMENT

The transfer of the lease agreement is a transfer of the contract. The side of the contract varies. The parties to the actual lease relationship do not change during the transfer of sublease or right of use. The fact that the lease agreement has been amended is not an obstacle. The commentary continues to guarantee the right of the new tenant.

TERMS OF TRANSFER OF THE LEASE AGREEMENT

The transfer of the lease agreement is by agreement. It is necessary to agree with the current parties to the contract who wish to become a party to the contract. The wills of all those who transferred their place in the contract (the former tenant), the assignee (the new tenant), the other party/parties to the contract (the lessor/lessor) are required. This aspect is stated in the law as follows: “The lessee may not transfer the lease relationship to someone else unless he receives the written consent of the lessor” (TBK m.323/f.1).

VALIDITY OF THE TRANSFER

The validity of the transfer of the lease agreement requires compliance with the form of the original lease agreement (TBK m. 205). If there is no such form requirement, the validity depends on the written consent of the lessor. In general, the lessor may consent to the transfer of the lease agreement, as well as concretely, a single circuit may consent. If the lessor does not give his consent, it is not possible for the lessee to force the lessor to make a statement in this direction.

CONSENT TO WORKPLACE RENTS

The lessor cannot refrain from giving this consent unless there is a justifiable reason for it. As it can be seen, if there is no justified reason for workplace rents, the lessor must give consent. If the lessor in the workplace rents refrains from giving consent without justifiable reason, the lessee may apply to the judge and perform the transfer of the contract. In this case, the judge’s decision replaces the consent of the party.

EXAMPLES OF JUSTIFIABLE REASONS

The inadequacy of the economic power of the new tenant,
The new tenant wants to use the rented workplace for a different purpose than the purpose of use agreed in the contract,
The fact that the new tenant will change the structure of the rented place
In the event that the use of the rented place requires special knowledge and skills, the new tenant does not have these characteristics,
Workplace use that is not in accordance with the concept of the rental location (e.g. shopping center) ,
The person of the former tenant has been observed (e.g., the rental price has been determined to be low due to the person of the former tenant), etc.
RESULTS OF THE TRANSFER

The former tenant leaves his place in the contract to the new tenant. Accordingly, the old tenant leaves the contract; the new tenant replaces him (TBK m. 323/f.2). In contrast, the tenant who transfers in workplace leases is severally liable to the lessor together with the lessor (new tenant) until the end of the lease agreement and for a maximum of two years (TBK m. 323/f.3). Personal guarantees issued for the former tenant (for example; surety, pledge) expire spontaneously at the latest at the time of transfer, unless the consent of the guarantor is obtained (TBK m. compared to 198).

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