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Sublease Agreements within the Context of the
Turkish Code of Obligations
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Att. Ece Yilmaz
Introduction
Lease agreements are amongst the most common types of agree-
ments, 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 grant-
ed to the lessee, who is to use the property subject to the lease agree-
ment, in lieu of a certain rent amount. Within this scope, Art. 322 of the
TCO allows subleasing under certain circumstances. As per the provi-
sion 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 evalu-
ates the rather complex concept of sublease that embodies various
diversified views, in practice.
Legal Characteristics of Sublease
The TCO does not necessarily require the lessor to be the owner of
the property; on the other hand, it enables persons other than the owner
to conclude a lease agreement acting as the lessor, as well. Sublease
agreements attain their scope of applications arising from this oppor-
tunity. In essence, sublease agreements are considered to be lease
agreements. They are synallagmatic agreements executed via the
mutual and consentaneous declarations of intent of the parties.
In accordance with Art. 322/I, “
The lessee may fully or partially
lease out the leased property and transfer her right of usage to third
persons, given that such transaction does not give rise to any damages
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NEWSLETTER 2015
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Article of December 2015