What is Subletting?

subletting - Missafir

We have all heard of the subletting concept at least once in our lives, as it has become even more popular after the pandemic because many people now use it as a source of passive income. But what exactly does subletting mean and how does it work? In today’s blog article we are going to talk about subletting.

What is a Subletting Agreement?

After the contract between a property owner and a tenant, if the tenant leases all of or a certain part of the property to someone else, this process is called a sublease. In this process, a separate lease agreement is signed between the tenant and the subtenant, just like between the landlord and the main tenant, and this agreement is called a subletting agreement. There is no connection between these two separate contracts. In addition, there is no need for any kind of communication between the landlord and the subtenant.

Is Subletting Legal? What are the Conditions?

Subletting is a legal process in accordance with the Turkish Code of Obligations, but of course there are certain conditions:

  • First of all, the indispensable condition of subletting is that the landlord approves the subletting process and their written consent is obtained.
  • The tenant must make a sublease agreement in a way that does not cause any changes or damage that may harm the property and the landlord’s assets. If this condition is met, the tenant can transfer the right to use the property to another person.
  • The subtenant’s relationship with the property depends entirely on the duration of the lease agreement between the main tenant and the landlord. When the main lease agreement ends and the parties part ways, the subtenant’s leasing process ends and he/she has no right to demand further use of the property.

What Should the Subtenant Pay Attention to?

Subtenants have responsibilities such as not damaging the property, paying the rent on time and complying with the terms of the contract, as in any normal rental process. In other words, they are not much different from any tenant, they just cannot continue to use the property when the main lease agreement expires. In this case, as mentioned above, the subtenant may only have the right to claim compensation.

What are the Rights of the Landlord During Subletting?

It is of great importance that the subtenant uses the property as specified in the sublease agreement. Otherwise, the responsibility of the subtenant to the landlord arises. In such cases, the landlord has the right to decide to stop the subletting process if they deem it appropriate.

This is all we can write about subletting agreements. If you want to get more information about tenant and/or landlord rights and real estate issues, you can also take a look at our other blog posts. If you are a property owner and you are interested in short-term renting, contact us!

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