291 / 522
for the lessor
”. This provision is considered as a reiteration of Art. 259
of the Abrogated Code of Obligations numbered 818 (“ACO”) and ren-
ders subleasing possible for all lease relations. Within the scope of this
provision, the lessee may fully or partially lease out the leased proper-
ty, given that he/she does not damage such property by any means.
However, it should be noted that the sublessee shall not be able to use
the subleased property for purposes other than those envisaged under
the main lease agreement. The sublessee shall not make damaging
modifications to the subleased property, as well. This rule, as set forth
particularly under TCO Art. 322/III, is as follows: “
The lessee shall be
liable to the lessor if the sublessee uses the leased property for
purposes other than those envisaged under the lease agreement
”.
This provision that governs subleases is a mandatory and unilateral
provision in favor of the lessee; thus, it shall not be amended to the
detriment of the lessee
1
.
The Relation between Sublease and Lease Agreements
In terms of form and type, a sublease agreement is no different
than a lease agreement. Despite the fact that sublease and lease agree-
ments are similar in terms of their parties, a sublease agreement is not
considered as an ancillary agreement that hinges upon the main lease
agreement. A sublease agreement is independent from the main lease
agreement in terms of execution and termination. Within this context,
a sublease agreement shall not be affected by the invalidity of the main
lease agreement.
Sublease agreements resemble lease agreements with regard to
their subject, term and content. The property, being the subject matter
of the lease agreement, should be the exact same property as the sub-
ject matter of the sublease agreement; or in the case of a partial sub-
lease, it should at least comprise such property. The sublessee shall not
give any undertaking via sublease, other than those stipulated under the
lease agreement. Similarly, the term of the sublease agreement shall be
limited to the term of the lease agreement. With respect to content, the
provisions of the lease agreement shall also be applied to both the sub-
lessee and the sublessor.
LAW OF OBLIGATIONS
275
1
Fikret EREN
, Borçlar Hukuku Özel Hükümler, Ankara 2015, p. 361-362.