Assignment of the lease is the process by which the tenant transfers the lease rights and obligations to a third party. This transaction is regulated in Article 323 of the Turkish Code of Obligations. According to the article, the tenant cannot transfer the lease without obtaining the written consent of the lessor.
However, the situation is slightly different in workplace leases. The lessor must consent to the transfer of the lease unless there is a justified reason.
In this article, we will examine in detail the possibilities of tenants to transfer the lease, how the transfer takes place and the legal procedures.
Conditions Required for Transfer of the Lease Agreement
• Consent of the Lessor: As we mentioned above, in order to transfer the lease agreement, the written consent of the lessor is required. The lessor may have a justified reason for not giving consent. For example, it may be considered a justified reason if the new tenant is not reliable enough to pay the rent or there are concerns that he will comply with the prohibitions in the lease agreement.
• Agreement between the Transferor and the Transferee Tenant: In order for the lease to be transferred, the transferor and the transferee tenant must also agree on this issue. The agreement should specify issues such as how much the rental fee will be and who will keep the deposit.
• Transfer of the Contract: The transfer of the lease contract is carried out by a contract signed jointly by the transferor, transferee and lessor. This agreement should include the date of the transfer, the rights and obligations transferred, and any changes to be made in the lease agreement.
Transfer of Lease Agreement in Workplace Leases
In workplace leases, the tenant can transfer the lease agreement even without the written consent of the lessor. However, the lessor may refuse the transfer by showing a justified reason. Justifiable reasons may be situations similar to those listed above, such as non-payment of rent or violation of the lease agreement.
If the lessor wants to reject the transfer, he must notify the tenant in writing and explaining the justified reason. Otherwise, it cannot prevent the tenant from making the transfer.
Consequences of Transfer of Lease Agreement
With the transfer of the lease agreement, the transferee assumes all rights and obligations of the tenant. This
