293 / 522
currently, solely the written permission of the lessor is required as per
the TCO.
If the parties prescribe under their lease agreement that the lessor’s
permission is required for the establishment of a sublease, the main
lessor shall object to such sublease if and only valid reasons thereof are
established. Otherwise, the lessee may request a court order allowing
the establishment of sublease. The court order rendered in such a case
shall be deemed to be the consent of the lessor
2
.
The application scope of the sublease prohibition for residential
premises and roofed workplaces is quite contradictory among acade-
mics and within the practice. According to the prevailing view, the
cases in which the lessee gets married and commences cohabitation
with his/her spouse, accommodates his/her sibling(s) in her property
3
,
or gratuitously hosts a family member or a close friend as a guest, per-
manently or temporarily, in the leased property, shall not be counted as
a sublease. Such types of temporary accommodations are usually con-
sidered to be commodatum or fulfillment of a moral obligation
4
.
Nonetheless, accommodation of a distant relative or an acquaintance,
for a certain period of time, is usually considered as a sublease.
Conclusion
A sublease, which is a quite common concept in both leases of res-
idential premises and covered workplaces, and in any other lease types,
is regulated under Art. 322 of the TCO. Sublease agreements that share
similar features with lease agreements in terms of subject and parties,
are in fact separate lease agreements themselves. Despite their inde-
pendent nature, it should be considered that sublease agreements are
limited to the terms of the main lease agreements, and no undertakings
exceeding those indicated under the lease agreement shall be granted
via sublease agreements.
LAW OF OBLIGATIONS
277
2
EREN
, p. 363.
3
Alper GÜMÜŞ
, “Yeni” 6098 Sayılı Türk Borçlar Kanunu’na Göre Kira Sözleşmesi, Istanbul,
2012, p. 220.
4
EREN
, p. 362.