According to Article 323 of the Turkish Code of Obligations under the heading “Transfer of the Lease Relationship”: “The tenant may not transfer the lease relationship to another party without the written consent of the lessor. The lessor may not refuse to give this consent in commercial leases unless there is a valid reason. The person to whom the lease relationship is transferred with the written consent of the lessor shall replace the tenant in the lease agreement, and the transferring tenant shall be released from their obligations to the lessor. In the case of commercial leases, the transferring tenant shall be jointly and severally liable with the transferee until the end of the lease agreement and for a maximum period of two years.”
Transfer of lease agreements relating to residences;
It is necessary to examine whether the transfer of lease agreements relating to residences is possible. Accordingly; Pursuant to the provisions of Article 323 of the Turkish Code of Obligations, the tenant cannot transfer the lease relationship to another person without obtaining the written consent of the lessor.
Transfer of lease agreements for business premises;
The lessor cannot refuse to give written consent to the tenant in business premises leases without a valid reason. Therefore, as a rule, the lessor is not obliged to approve the transfer of the lease relationship in lease agreements; however, in the case of business premises leases, pursuant to Article 323 of the law, the lessor may only refuse to give consent if there are justifiable reasons.
Click here to access our other article examples and petition examples.