Sublease agreement and transfer of right of use in lease agreement

Leasing contracts are the contracts which mainly provide tenant to use and utilize the rented while undertake paying the rent price. Tenant within the framework of the principle of freedom of contract rent out to a third person the whole or some partd of rented. This freedom of contract rent is limited because of the necessity of consent of the lessor in rents for residential and roofed workplaces. This is called sub-leasing contract and depends on economical and social necessities. Tenant tries to decrease the amount of cost which is originated from the lease contract by making a sub-leasing contract to rent out the rented. Sub-lease agreement is regulated in the Turkish Code of Obligations. Sub-lease contract is both a lease contract and a sub-contract. That is why it has both their features. The execution of the sublease agreement is subject to certain conditions. The tenanthas to obey the conditions while making this contract. Also recent legislative arrangements, particularly in relation to the short-term rental of short-term and tourism accommodation, have introduced certain responsibilities and restrictions in the establishment of sublease relationships. The sub-lease contracts have more than two parties due to it is a sub-contract.In this context each party has certain obligations and rights due to its position on the contracts. In the sublease relationship where the lessor, lessee and sub-lessee are involved, each party to this relationship has rights and obligations. However, in cases where a sublease relationship is established, although there is no contractual relationship between them, there are some rights and obligations arising from the law between the lessor and the subtenant. Although the transfer of the right of use, which is regulated in the same article with the sublease agreement in the Code of Obligations, seems to serve the same purpose in the same direction with the sublease, they are different institutions. These differences give the parties some rights and impose obligations. Although the mediation institution, which is one of the alternative dispute resolution methods, has gained a wide place in our law in recent years, it is regulated as a condition of litigation to apply to the mediator before applying to the judicial remedy in the resolution of disputes arising between the parties due to sublease agreements. Since the sublease agreement is a lease agreement, the conditions that terminate the lease agreement are also valid for the termination of the sublease agreement. In addition, the termination of the main lease agreement also has effects on the sublease agreement.