Workplace lease transactions involve important obligations and rights for both the tenant and the lessor. The transfer of these obligations and rights is regulated by Article 323 of the Turkish Code of Obligations. In this article, we will examine the transfer of workplace lease agreements in detail.

What is the Transfer of Workplace Lease Agreement?

Transfer of workplace lease agreement is the process of the tenant transferring all rights and obligations arising from the lease agreement to a third party with the consent of the lessor. This transfer transaction means that the existing agreement is transferred to the transferee without the need to establish a new lease agreement.

What are the Conditions for the Transfer of Workplace Lease Agreement?

In order for a workplace lease agreement to be transferred, 3 basic conditions must be met:

Consent of the Lessor: The tenant must first obtain the written consent of the lessor in order to transfer the lease agreement. The lessor cannot refrain from giving this consent unless there is a justified reason. Justifiable reasons may include situations such as the transferee not paying the rent or using the workplace illegally.
Agreement between the Transferor and the Transferee Tenant: In order for the lease agreement to be transferred, there must be an agreement between the transferor and the transferee tenant. In this agreement, the rights and obligations transferred, the rental fee and the transfer fee must be clearly stated.
Transfer Fee: The transfer fee is a fee that can be requested from the transferee tenant by the transferor tenant. If this fee is not specified in the contract, it can be determined freely by the parties.

Things to Consider in the Transfer of a Workplace Lease Agreement:

The transfer of the lease agreement must be made with a written contract.
The transfer must be made with the knowledge of the lessor.
The transfer fee must be determined by agreement between the transferor and the transferee tenant.
The transfer transaction must be registered at the land registry office.

Özlem Zennup Özkök

Arb. Av. Özlem Zennup Özkök, 2010 yılında Bilkent Üniversitesi Hukuk Fakültesi’nden mezun olmuştur. Bursa Barosu’na kayıtlı avukat ve arabulucudur. Türkiye’nin önde gelen hukuk bürolarında edindiği şirketler hukuku ve birleşme-devralma deneyiminin ardından Bursa’da Özkök Hukuk Bürosu’nu kurmuştur. Aile hukuku, şirketler hukuku ve gayrimenkul uyuşmazlıkları alanlarında çalışmaktadır.

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