Subletting a Rental Property in Turkey: Legal Conditions and Tenant Liability

Subletting a rental property in Turkey may provide practical flexibility for residential tenants, businesses, international companies and commercial operators. A tenant may need to relocate temporarily, share part of an office, allow a group company to use the premises or rent a commercial unit to another business.

However, subletting is not automatically permitted merely because the tenant pays rent regularly or has possession of the property. In residential and roofed commercial leases, the written consent of the landlord is generally required before the tenant may sublet the property or transfer the right of use to another person.

The primary legal provision is Article 322 of the Turkish Code of Obligations No. 6098. As a general rule, a tenant may sublet all or part of the property or transfer the right of use to another person, provided that this does not cause a change detrimental to the landlord. For residential and roofed workplace leases, however, the tenant cannot sublet the premises or transfer the right of use without the landlord’s written consent.

The original tenant remains a party to the principal rental agreement. The tenant continues to be responsible to the main landlord for payment of rent, proper use of the premises, compliance with the permitted purpose, damage and return of the property.

Subletting must also be distinguished from transferring the entire rental relationship. Under Article 323, transfer of a lease requires the landlord’s written consent. In workplace leases, the landlord cannot refuse consent without a justified reason. A valid transfer replaces the former tenant with the incoming tenant, whereas a sublease does not change the tenant under the main contract.

An unauthorised sublease may constitute a serious contractual breach. Depending on the property, the wording of the lease, the nature of the third party’s use and the landlord’s notices, it may lead to termination, eviction and compensation claims.

This guide explains the legal conditions for subletting residential and commercial properties in Turkey, the rights and liabilities of the original tenant, the position of the subtenant, unauthorised Airbnb use, termination procedures, mandatory mediation and court remedies.

What Is a Sublease?

A sublease is a separate agreement under which the original tenant grants all or part of the rented property to another person in return for rent.

The parties may therefore be described as follows:

• The property owner or principal landlord;
• The original or principal tenant; and
• The subtenant.

Two separate contractual relationships exist.

The main rental agreement remains between the principal landlord and the original tenant. The sublease exists between the original tenant and the subtenant.

The subtenant does not normally replace the original tenant in the principal agreement. The original tenant becomes the subtenant’s landlord under the sublease while continuing to be the tenant under the main lease.

For example, a company may rent a 500-square-metre office from the property owner and, with written permission, sublet 100 square metres to another company. The first company remains responsible for the entire office under the main agreement.

Partial and Complete Subletting

Article 322 allows subletting of the property either completely or partially, subject to the applicable conditions.

A complete sublease occurs where the tenant gives the entire property to the subtenant.

A partial sublease occurs where only part of the premises is rented to another person.

Examples of partial subletting include:

• Renting one room in an apartment;
• Subletting one floor of an office;
• Granting a separate section of a shop to another operator;
• Allowing another company to use part of a warehouse;
• Creating a concession area inside a retail unit; or
• Renting a treatment room within a clinic.

The legal analysis does not depend solely on whether a separate room is used. The court may examine whether the third person has independent possession, whether payment is made, whether the original tenant still uses the property and whether the arrangement is actually a sublease or another form of use transfer.

Sublease and Transfer of the Right of Use

Article 322 regulates both subletting and transferring the right of use.

A sublease generally involves a separate rental agreement and payment of rent by the subtenant.

A transfer of the right of use may occur even where no formal rent is paid. For example, the tenant may allow a third person, company, relative or business partner to use all or part of the property independently.

This distinction prevents the consent requirement from being avoided merely by describing the arrangement as free accommodation or informal use.

The following arrangements may require legal examination:

• Allowing another company to operate from the premises;
• Giving the property to a friend while the tenant lives elsewhere;
• Allowing a franchisee to use the shop;
• Permitting an unrelated third party to occupy an apartment;
• Allowing a dealer or concessionaire to operate a department;
• Granting an employee permanent use of a company apartment; or
• Allowing a separate business to use office space without a written agreement.

The substance of the use is more important than the label chosen by the parties.

Is Landlord Consent Required?

For residential and roofed commercial leases, the landlord’s written consent is required.

Article 322 expressly states that a tenant may not sublet residential or roofed workplace property or transfer its use without the landlord’s written consent.

This category includes most:

• Apartments;
• Houses;
• Villas;
• Offices;
• Shops;
• Restaurants;
• Clinics;
• Hotels;
• Workshops; and
• Roofed warehouses.

For other rental relationships, such as certain open-land, agricultural or movable-property leases, the general rule permits subletting where it does not create a change detrimental to the landlord. The agreement may nevertheless contain additional restrictions.

A tenant should not assume that the absence of an express prohibition means that subletting is permitted. For residential and roofed workplace leases, written landlord consent is required directly by law.

Must the Consent Be in Writing?

Yes. For residential and roofed workplace leases, written consent is a statutory requirement.

The safest methods include:

• A subletting clause in the original rental agreement;
• A separate written consent document;
• A signed lease amendment;
• A tripartite protocol signed by the landlord, tenant and subtenant; or
• A properly authorised electronic document satisfying written-form requirements.

An oral conversation with the landlord may not provide adequate legal protection.

Similarly, the landlord’s awareness that another person occasionally uses the property does not necessarily prove consent to an independent sublease.

A written consent document should identify:

• The property;
• The area that may be sublet;
• The proposed subtenant;
• The permitted activity;
• The duration;
• Whether further subletting is prohibited;
• The maximum number of occupants;
• Responsibility for damage;
• Insurance obligations;
• The treatment of licences and permits; and
• The landlord’s right to receive information.

A general consent stating only that “the tenant may sublet” may be insufficient for a complex commercial operation.

Can Consent Be Given in the Original Lease?

Yes.

The landlord may give advance written consent in the original rental agreement.

For example, a commercial lease may state that the tenant may sublet defined parts of the premises to group companies or approved franchisees.

The scope of the permission must still be interpreted carefully.

Permission to allow use by one named company does not automatically authorise:

• Subletting to any third party;
• Tourism or Airbnb use;
• A change in commercial activity;
• Room-by-room rental;
• Transfer of the whole property; or
• Further subletting by the first subtenant.

Where consent is conditional, the tenant must comply with those conditions.

The agreement may require the tenant to submit the proposed sublease, financial information about the subtenant or evidence of insurance before possession is given.

Can the Landlord Withdraw Consent?

Whether consent may be withdrawn depends on the wording and legal nature of the permission.

Consent granted for one specific subtenant and period does not automatically continue after:

• The subtenant changes;
• The sublease expires;
• The business activity changes;
• The subtenant begins using a larger area;
• The property is used for another purpose; or
• The tenant seeks a new sublease.

A landlord should not arbitrarily withdraw valid contractual consent while the approved arrangement continues in accordance with its terms.

However, the landlord may retain termination or enforcement rights where the subtenant:

• Uses the property unlawfully;
• Causes serious damage;
• Disturbs neighbours;
• Exceeds the agreed area;
• Conducts an unapproved business;
• Violates building regulations; or
• Creates a material risk for the property.

The written consent should explain whether it is personal, conditional, temporary or renewable.

The Main Tenant Remains Responsible

Subletting does not normally release the original tenant from the main agreement.

The principal landlord continues to demand rent and contractual performance from the original tenant.

The original tenant remains responsible for:

• Payment of main rent;
• Permitted ancillary expenses;
• Proper and careful use;
• Compliance with the contractual purpose;
• Maintenance obligations;
• Notification of defects;
• Damage caused during occupation;
• Behaviour affecting neighbours;
• Return of possession; and
• Key delivery.

The original tenant cannot defend a claim by stating that the subtenant failed to pay or caused the damage.

The dispute between the original tenant and subtenant generally does not eliminate the original tenant’s duties to the principal landlord.

For example, if the subtenant does not pay the sublease rent, the original tenant must still pay the main rent in full.

Liability for the Subtenant’s Use

Article 322 states that where the subtenant uses the property in a way different from the use permitted to the original tenant, the original tenant is responsible to the principal landlord.

The principal landlord may also exercise against the subtenant or the person receiving the right of use the rights that the landlord holds against the original tenant in relation to that use.

For example, if an apartment rented for residential use is converted by the subtenant into an office, storage business or daily accommodation unit, the original tenant may be liable.

Similarly, if a shop approved for retail sales is used by the subtenant for manufacturing, food production or a regulated health service, the arrangement may violate the main lease.

The original tenant should therefore ensure that the sublease reproduces all relevant restrictions from the main agreement.

The Subtenant Cannot Obtain Greater Rights Than the Tenant

The subtenant’s right of use is derived from the original tenant’s rights.

The original tenant cannot validly grant the subtenant:

• A longer period than the original tenant can provide;
• A broader permitted use;
• Greater access rights;
• A right to make alterations prohibited by the main lease;
• A right to use common areas not included in the principal lease; or
• An unrestricted right to transfer or sublet further.

If the main agreement permits residential use only, the original tenant cannot validly promise commercial use to the subtenant.

If the main agreement ends, the original tenant generally loses the legal basis for allowing the subtenant to remain. This means that a subtenant’s practical ability to occupy the property depends on the continuation of the main rental relationship.

A professionally drafted sublease should state expressly that it is subordinate to the principal agreement.

Sublease Rent

The sublease rent is determined by the agreement between the original tenant and subtenant, subject to mandatory law, the nature of the property and the structure of the arrangement.

The principal landlord does not automatically become entitled to collect the sublease rent merely because the property belongs to the landlord.

The principal landlord’s claim for rent ordinarily remains against the original tenant under the main agreement.

However, disputes may arise where the original tenant uses the property for unauthorised commercial profit, daily rentals or a business model prohibited by the main lease.

The sublease should specify:

• Monthly or daily rent;
• Due date;
• Taxes;
• VAT or withholding treatment where applicable;
• Common expenses;
• Utilities;
• Deposit;
• Annual increase;
• Late-payment consequences; and
• Payment account.

Commercial parties should obtain accounting and tax advice because the sublease may create invoicing, VAT or withholding obligations depending on the parties and transaction.

Security Deposit Under a Sublease

The original tenant may request security from the subtenant.

For residential and roofed workplace leases, the statutory rules concerning deposits should be considered. Article 342 limits security to a maximum of three months’ rent and establishes a restricted bank-account mechanism where the security consists of money.

The principal landlord’s written permission to sublet does not automatically transfer the main deposit to the subtenant.

There may therefore be two different securities:

• The deposit given by the original tenant to the principal landlord; and
• The deposit given by the subtenant to the original tenant.

Each deposit secures obligations under a different agreement.

The original tenant should not promise immediate return of the subtenant’s deposit while unresolved damage or expenses may still be claimed by the principal landlord.

Does the Subtenant Pay Rent Directly to the Owner?

The ordinary arrangement is for the subtenant to pay the original tenant.

The original tenant then pays the principal landlord under the main agreement.

Direct payment to the property owner may be agreed, but the parties should document its legal effect.

A direct payment may represent:

• Payment made on behalf of the original tenant;
• An assignment of rental receivables;
• A collection arrangement;
• Partial performance of the main agreement; or
• Evidence that the parties intended a lease transfer rather than a sublease.

If direct payment is used, the written agreement should identify whose debt is being discharged and whether the original tenant remains liable.

Unclear payment structures may create disputes about whether a new direct rental relationship was formed.

Subletting Residential Property

Subletting an apartment, house or villa requires particular care.

The landlord’s written consent should specify:

• Whether the whole property or only one room may be sublet;
• The identities of the subtenants;
• Maximum occupancy;
• Duration;
• Residential use;
• Building rules;
• Utility arrangements;
• Pets;
• Smoking;
• Damage responsibility; and
• Whether temporary guests are permitted.

Ordinary hospitality should be distinguished from subletting.

A tenant does not generally create a sublease merely by inviting a family member or guest to stay temporarily without transferring independent possession.

However, an arrangement may be treated differently where:

• The tenant permanently leaves;
• Another person occupies the whole property;
• Regular payment is made;
• The occupant has independent control;
• The third party registers the address;
• The property is advertised publicly; or
• Different occupants repeatedly use the property.

The factual circumstances determine the legal character of the arrangement.

Family Members and Partners

A tenant may live with a spouse, children or close family members without this automatically constituting a commercial sublease.

A shared residence involving a partner or family member differs from transferring independent possession to an unrelated third party.

Nevertheless, the rental agreement, occupancy limits, family-home rules and nature of the use should be considered.

A tenant who permanently moves out and leaves the entire apartment to a relative may face a different legal analysis from a tenant who continues living there with that relative.

The landlord should avoid assuming that every additional occupant is an unlawful subtenant. Equally, the tenant should not use a claimed family relationship to disguise a paid and independent occupation arrangement.

Subletting Commercial Property

Commercial subletting is common in offices, shopping centres, industrial facilities, hotels and large retail units.

A commercial tenant may need to:

• Sublet space to a group company;
• Permit use by a franchisee;
• Establish a shop-in-shop arrangement;
• Grant space to a restaurant or café operator;
• Share office areas;
• Create a concession;
• Sublet part of a warehouse; or
• Allow another professional to operate from a clinic.

Written landlord consent remains required for roofed workplace leases.

A commercial sublease should address more than rent. It should also regulate:

• Business licences;
• Municipal permits;
• Fire safety;
• Insurance;
• Customer access;
• Signage;
• Renovations;
• Operating hours;
• Common areas;
• Data and confidentiality;
• Employees;
• Environmental obligations;
• Product liability;
• Indemnity; and
• Restoration.

The original tenant should ensure that the subtenant’s business does not place the main lease in default.

Use by Group Companies

A company may assume that its subsidiaries, parent company or affiliated companies may freely use the premises.

This assumption is risky because separate companies have separate legal personalities.

Use by a group company may constitute:

• Permitted shared use;
• Transfer of the right of use;
• Partial sublease;
• Lease transfer; or
• A contractual breach.

The lease should expressly permit use by identified affiliates or by companies meeting an agreed definition of “group company.”

The agreement should also address what happens if:

• Share ownership changes;
• The group company is sold;
• A merger occurs;
• The original tenant leaves the property;
• The affiliate becomes insolvent; or
• The group structure changes.

Advance written permission provides much greater certainty than relying on the landlord’s informal awareness of corporate relationships.

Sublease and Lease Transfer Are Different

A sublease under Article 322 must be distinguished from transfer of the rental relationship under Article 323.

In a Sublease

The original tenant remains a party to the principal agreement.

The subtenant has a separate contract with the original tenant.

The original tenant remains responsible to the principal landlord.

In a Lease Transfer

The incoming tenant replaces the former tenant in the principal rental relationship.

The landlord’s written consent is required.

The former tenant is generally released, subject to the special continuing liability applicable to workplace transfers.

The distinction should be reflected in the written documents.

A document called a “sublease” may be treated as a transfer if the original tenant permanently leaves and the incoming party assumes the whole agreement with the landlord’s consent.

Landlord Consent to Lease Transfer

Under Article 323, a tenant cannot transfer the rental relationship without the landlord’s written consent.

In workplace leases, the landlord cannot refuse consent without a justified reason.

Possible justified reasons may include:

• Inadequate financial capacity;
• An incompatible business;
• Missing licences;
• Increased physical risk;
• A materially different use;
• Reputational concerns supported by objective facts;
• Insolvency risk;
• Inability to provide agreed security; or
• Conflict with the building’s legal use.

The landlord should not refuse merely to force the incoming tenant to accept an unrelated and excessive financial demand.

Unlike Article 323, Article 322 does not contain the same express provision preventing refusal of consent without justified reason in workplace subleases. The scope of the landlord’s contractual discretion should therefore be examined carefully.

Liability After Transfer of a Workplace Lease

Where a workplace lease is validly transferred, the former tenant remains jointly liable with the new tenant until the contractual expiry date and for no more than two years.

This continuing liability is different from a sublease.

In a sublease, the original tenant remains the full tenant under the principal agreement.

In a transfer, the incoming tenant replaces the former tenant, but the former workplace tenant remains jointly liable for the limited statutory period.

A transfer agreement should state:

• The transfer date;
• Outstanding rent;
• Existing damage;
• Deposit arrangements;
• Guarantees;
• The remaining contractual period;
• Liability for common expenses; and
• The former tenant’s limited joint liability.

Unauthorised Subletting

An unauthorised sublease occurs where the tenant allows independent third-party occupation without obtaining the written consent required by Article 322.

This may constitute a breach of both the statute and the main rental agreement.

The landlord should gather evidence before taking action.

Relevant evidence may include:

• Online advertisements;
• Building access records;
• Address registrations;
• Utility records;
• Payment messages;
• Statements from management;
• Photographs;
• Guest turnover;
• Commercial signs;
• Company records;
• Witnesses; and
• Communications with the tenant.

The landlord should distinguish between occasional guests, employees and genuine independent occupation.

A claim based only on suspicion may not be sufficient.

Written Warning and Termination

Unauthorised subletting may be addressed through the tenant’s obligation to use the property in accordance with the agreement.

Article 316 requires the tenant to use the premises carefully and consistently with the contract. For residential and roofed workplace leases, the landlord must generally serve a written warning granting at least 30 days to remedy the breach and stating that the agreement will otherwise be terminated.

The notice should identify:

• The unauthorised user;
• The nature of the sublease or transferred use;
• The contractual and legal violation;
• The requirement to end the unauthorised occupation;
• A cure period of at least 30 days; and
• A clear termination warning.

Providing less than 30 days may make the notice defective for an ordinary residential or roofed workplace breach.

The notice should be served through a method that reliably proves both its content and delivery date.

Immediate Termination in Serious Cases

Article 316 permits immediate written termination in residential and roofed workplace leases where:

• The tenant intentionally causes serious damage;
• Granting a cure period would clearly be useless; or
• The breach has become intolerable for the landlord, other occupants or neighbours.

Immediate termination is exceptional.

The landlord should not assume that every unauthorised occupant makes a 30-day warning unnecessary.

The court will examine the seriousness of the conduct, the possibility of curing it and its effect on the property and other occupants.

For example, an unlawful high-turnover accommodation business causing repeated security and disturbance problems may be assessed differently from a single unauthorised occupant who can leave within a reasonable period.

Eviction Proceedings

If the tenant does not remedy the unauthorised sublease after a valid warning, the landlord may terminate the agreement and seek eviction.

The landlord cannot physically remove the subtenant or original tenant personally.

The usual process involves:

1. Identifying and documenting the breach;
2. Serving the required written warning;
3. Allowing the statutory cure period where applicable;
4. Completing mandatory mediation;
5. Filing an eviction lawsuit; and
6. Enforcing the final or enforceable judgment through the enforcement office.

Changing locks, removing belongings or disconnecting utilities may expose the landlord to civil and criminal consequences.

Against Whom Is the Eviction Case Filed?

The original tenant remains the principal contractual defendant because the main lease exists between the landlord and that tenant.

Depending on the requested relief and possession structure, the subtenant or other occupant may also need to be included or affected by enforcement.

Article 322 allows the landlord to exercise against the subtenant or user the rights held against the tenant in relation to improper use.

Party status should nevertheless be assessed according to:

• The main lease;
• The sublease;
• The person in possession;
• The legal ground;
• Whether the landlord seeks termination, eviction or compensation; and
• Whether the subtenant claims an independent right.

Incorrectly identifying the parties may delay the proceedings.

Mandatory Mediation

Since 1 September 2023, disputes arising from rental relationships are generally subject to mandatory mediation before litigation.

This includes disputes concerning:

• Unauthorised subletting;
• Transfer of use;
• Termination;
• Eviction;
• Sublease rent;
• Damage;
• Deposit return;
• Lease transfer; and
• Compensation.

The principal exception concerns specific non-judicial eviction proceedings under the Enforcement and Bankruptcy Law. An ordinary eviction lawsuit based on unauthorised subletting is generally subject to the mediation requirement.

The mediation application should identify:

• The principal agreement;
• The alleged subtenant;
• The property;
• The consent position;
• The written warning;
• The requested termination;
• The evacuation date;
• Outstanding rent;
• Damage; and
• Any proposed settlement.

If no agreement is reached, the mediator issues a final report and the claimant may proceed to court.

Which Court Handles the Dispute?

Civil Courts of Peace generally have subject-matter jurisdiction over disputes arising from rental relationships, regardless of the financial value of the claim.

This includes rental receivables and most termination, eviction, sublease and possession disputes arising from a rental relationship.

Territorial jurisdiction may depend on:

• The defendant’s residence;
• The place where the rental agreement is performed;
• The location of the property; and
• Any valid jurisdiction clause between qualifying commercial parties.

The statement of claim should include the mediation final report, rental agreement, notices, proof of service and evidence of the unauthorised use.

What Happens When the Main Lease Ends?

A sublease depends on the original tenant’s right to use the property.

Where the principal lease validly ends, the original tenant generally cannot provide a stronger continuing possession right to the subtenant.

The sublease should therefore state that it ends no later than the principal lease.

The original tenant may become liable to the subtenant if the original tenant promised a longer period without having the legal ability to provide it.

For example, a tenant with six months remaining under the main lease should not promise a three-year unconditional sublease unless the main agreement is renewed or the landlord becomes directly involved.

The subtenant should request and review:

• The principal lease;
• Its remaining term;
• The landlord’s written consent;
• Existing termination notices;
• Pending eviction proceedings;
• Rent arrears;
• Renewal conditions; and
• Restrictions on use.

Sale of the Property

Sale of the rented property does not ordinarily terminate the principal rental agreement. The purchaser generally becomes the new landlord under the continuing lease.

A properly authorised sublease may therefore continue to depend on the same main rental relationship.

The purchaser should obtain:

• The principal lease;
• The written subletting consent;
• The sublease;
• Deposit records;
• Occupancy information;
• Rent-payment history; and
• Existing notices.

A purchaser should not assume that every third-party occupant is automatically unlawful.

Conversely, a subtenant should not assume that the purchaser becomes a direct contractual landlord under the sublease without examining the legal structure.

Airbnb and Short-Term Subletting

Using a long-term rented apartment for Airbnb or another short-term accommodation platform creates additional risks.

First, it may constitute unauthorised subletting or transfer of use under Article 322.

Second, homes rented for 100 days or less are generally subject to the tourism-purpose rental permit system under Law No. 7464. Official Ministry guidance states that an ordinary tenant cannot obtain the tourism rental permit merely by renting the property from its owner under a long-term agreement.

Law No. 7464 also provides administrative sanctions for a person who rents a home for residential use and then re-rents it for tourism purposes in their own name and account.

Therefore, informal landlord permission may not be enough to make Airbnb operation lawful.

The arrangement may also require:

• A tourism rental permit;
• Condominium approvals;
• Guest identity notifications;
• Tax compliance;
• Advertising compliance;
• Safety standards; and
• Municipal review.

A tenant should not publish a short-term listing without reviewing both rental law and tourism legislation.

Roommates and Shared Offices

A roommate arrangement does not always constitute a formal sublease.

The legal classification depends on whether the additional occupant receives independent use in return for payment and whether the original tenant remains in genuine possession.

Similarly, businesses may share an office without necessarily creating a conventional sublease where the arrangement concerns service provision, desk use or temporary access.

However, labels such as “roommate,” “licence,” “coworking” or “service agreement” do not control the result.

The court may examine:

• Exclusive possession;
• Duration;
• Payment structure;
• Ability to exclude others;
• Control of the space;
• Signage;
• Address registration;
• Services included; and
• Whether the original tenant continues meaningful use.

Where doubt exists, written landlord approval should be obtained.

The Subtenant’s Due Diligence

A prospective subtenant should not rely solely on the original tenant’s statement that subletting is allowed.

Before signing, the subtenant should obtain:

• A copy of the main rental agreement;
• Written landlord consent;
• Evidence of the original tenant’s identity and authority;
• The remaining main-lease period;
• Information about rent arrears;
• Building and site rules;
• Permitted use;
• Licence information;
• Details of existing disputes; and
• Confirmation that the proposed area is included in the main lease.

A commercial subtenant should also review zoning, municipal licensing, fire safety and condominium restrictions.

If the main tenant lacks authority to provide the space, the subtenant may face sudden loss of possession and financial claims.

Drafting a Sublease Agreement

A professionally prepared sublease should include:

• Identities of the original tenant and subtenant;
• Reference to the principal lease;
• Written landlord consent;
• Exact description of the space;
• Delivery date;
• Duration;
• Rent and payment terms;
• Security deposit;
• Permitted use;
• Maximum occupancy;
• Common expenses;
• Utilities;
• Repairs;
• Insurance;
• Alterations;
• Licences;
• Subtenant conduct;
• Further subletting prohibition;
• Termination;
• Consequences of the main lease ending;
• Return condition; and
• Key delivery.

The sublease should state that the subtenant has received the relevant main-lease restrictions and agrees to comply with them.

A commercial agreement should include indemnity provisions for regulatory fines, property damage and third-party claims caused by the subtenant.

Further Subletting by the Subtenant

The first subtenant should not automatically be allowed to sublet the property again.

Further subletting may create a chain of rental relationships and increase the landlord’s risk.

The principal landlord’s consent should identify whether:

• Only one level of subletting is permitted;
• Further written approval is required;
• Use by group companies is allowed;
• Room-by-room rental is prohibited; and
• Tourism rental is prohibited.

Without clear authorisation, a subtenant who transfers the property again may place both the sublease and main lease in breach.

The original tenant remains responsible to the principal landlord for the resulting use.

Damage and Insurance

The original tenant remains responsible for damage caused by the subtenant where that damage falls within the tenant’s contractual liability to the principal landlord.

The original tenant may then seek reimbursement from the subtenant under the sublease.

The parties should obtain appropriate insurance for:

• Fire;
• Water damage;
• Third-party liability;
• Commercial operations;
• Employee accidents;
• Inventory;
• Business interruption; and
• Guest or customer claims.

The sublease should require the subtenant to notify the original tenant immediately of defects, accidents and claims.

The original tenant must still fulfil any duty to notify the principal landlord.

Return of the Property

At the end of the sublease, the subtenant must return the premises to the original tenant.

At the end of the main lease, the original tenant must return the property to the principal landlord.

Two separate handovers may therefore be required.

The original tenant should inspect the sublet area early enough to correct problems before the main handover.

The sublease handover report should record:

• Keys;
• Access cards;
• Meter readings;
• Furniture;
• Fixtures;
• Alterations;
• Damage;
• Cleaning;
• Outstanding payments; and
• Deposit deductions.

The original tenant should not wait until the principal landlord’s inspection before determining whether the subtenant caused damage.

Common Mistakes Made by Tenants

The most common error is assuming that silence or informal awareness amounts to written consent.

Other frequent mistakes include:

• Subletting before obtaining permission;
• Allowing a different business use;
• Giving the subtenant a longer term than the main lease;
• Failing to reproduce main-lease restrictions;
• Allowing further subletting;
• Treating a lease transfer as a sublease;
• Permitting group-company use without approval;
• Operating Airbnb without legal authorisation;
• Failing to monitor the subtenant;
• Failing to pay the principal rent when the subtenant defaults; and
• Leaving the property while the subtenant remains.

The tenant should obtain written consent before transferring possession.

Common Mistakes Made by Landlords

Landlords may also make procedural mistakes.

Common errors include:

• Assuming every guest is a subtenant;
• Failing to collect evidence of independent occupation;
• Sending a notice that gives less than 30 days;
• Failing to explain how the breach must be remedied;
• Attempting immediate termination without exceptional grounds;
• Bringing proceedings against the wrong parties;
• Filing without mandatory mediation;
• Entering the property without consent;
• Changing locks; and
• Accepting direct payments without clarifying their legal effect.

The landlord should document the breach and follow the statutory termination procedure carefully.

Frequently Asked Questions

Can a tenant sublet property in Turkey?

Yes, subject to the conditions of Article 322. Written landlord consent is required for residential and roofed workplace leases.

Can only part of the property be sublet?

Yes. The tenant may sublet all or part of the premises, provided the legal and contractual conditions are satisfied.

Is oral landlord permission sufficient?

For residential and roofed workplace leases, the law requires written consent.

Does the main tenant remain liable?

Yes. The original tenant remains responsible under the main agreement, including for rent, damage, use and return.

Can the subtenant use the property for another purpose?

No. The subtenant cannot obtain a broader use right than the original tenant.

Can the landlord act directly against the subtenant?

Article 322 permits the landlord to exercise rights against the subtenant or user where the property is used differently from the rights granted to the original tenant.

Is subletting the same as transferring the lease?

No. In a sublease, the original tenant remains a party. In a lease transfer, the incoming tenant replaces the former tenant with the landlord’s written consent.

Can the landlord refuse a commercial lease transfer?

In workplace leases, the landlord cannot refuse consent to transfer without a justified reason.

Can the landlord refuse a commercial sublease?

Article 322 does not contain the same express restriction that applies to workplace lease transfers. The agreement and circumstances must be examined.

Can a tenant put a rented apartment on Airbnb?

An ordinary tenant generally cannot lawfully do so merely with informal permission. Written rental consent and compliance with Law No. 7464 and the tourism permit system must be considered.

Can unauthorised subletting lead to eviction?

Yes. It may constitute a contractual breach supporting termination and eviction after the required notice and procedural steps.

How much time must the landlord give to end the breach?

For an ordinary breach in a residential or roofed workplace lease, the written warning must generally provide at least 30 days.

Can the landlord terminate immediately?

Only in exceptional Article 316 circumstances, such as serious intentional damage, futility of a cure period or intolerable conduct.

Is mediation compulsory?

Yes. Most subletting-related rental lawsuits require mandatory mediation before litigation.

Which court hears the case?

The Civil Court of Peace generally has subject-matter jurisdiction.

What happens when the main lease ends?

The subtenant’s derived right generally cannot continue beyond the original tenant’s right under the main agreement.

Conclusion

Subletting a rental property in Turkey is legally possible, but it must be structured carefully.

Article 322 allows a tenant to sublet all or part of the property or transfer the right of use where the arrangement does not create a change detrimental to the landlord.

For residential and roofed workplace leases, written landlord consent is mandatory.

A sublease does not replace the original tenant. The principal rental agreement continues between the landlord and original tenant, while a separate agreement exists between the original tenant and subtenant.

The original tenant remains responsible for rent, proper use, damage, neighbour relations and return of the property.

The subtenant cannot acquire greater rights than the original tenant. The permitted use, duration and physical area must remain within the main agreement and the landlord’s consent.

Subletting should also be distinguished from transfer of the rental relationship. A transfer replaces the tenant and requires the landlord’s written consent. In workplace leases, that consent cannot be refused without a justified reason, and the outgoing tenant may remain jointly liable for a maximum of two years.

Unauthorised subletting may constitute a contractual breach. In residential and roofed workplace leases, the landlord must generally serve a written warning granting at least 30 days to end the violation. Immediate termination is reserved for exceptional and serious situations.

If the breach continues, the landlord must complete mandatory mediation and obtain an eviction decision through the Civil Court of Peace. Self-help eviction is not lawful.

Short-term Airbnb-style use creates additional risks. A long-term residential tenant cannot generally obtain the tourism rental permit and independently operate the home as short-term accommodation.

The safest approach is to obtain precise written landlord consent and prepare a sublease agreement that incorporates every relevant restriction from the principal lease.

Legal Disclaimer: This article provides general information concerning subletting rental property in Turkey and does not constitute legal advice. Each matter must be evaluated according to the principal rental agreement, landlord consent, property type, permitted use, identity of the subtenant, duration, payment structure, applicable tourism regulations, notices and specific circumstances of the parties.