Foreign Corporate Landlord Faces an Unauthorized Sublease in Turkey: Can the Tenant Be Evicted? (2026 Updated Guide)

A commercial or residential tenant subleases property in Turkey without the foreign corporate landlord’s permission. Learn when unauthorized subletting can justify termination, eviction, evidence collection and legal action.

A foreign company owning property in Turkey may discover that its tenant has transferred possession of the property to another person or business without permission. The original tenant may have moved out entirely, rented individual rooms to third parties, allowed another company to operate from the premises or started generating income through short-term accommodation. Whether the foreign corporate landlord can terminate the lease and obtain eviction depends on the type of lease, contractual provisions, landlord consent, nature of the transfer and evidence showing who actually occupies and uses the property.

Under Turkish lease law, unauthorized subletting can create serious consequences for the tenant. However, the landlord should establish the facts carefully before commencing proceedings because the presence of another person at the property does not automatically prove a legally prohibited sublease.

What Is a Sublease?

A sublease generally arises when the original tenant grants another person the right to use all or part of the leased property while the original lease continues.

The landlord’s contractual relationship remains principally with the original tenant, while a separate relationship exists between the tenant and subtenant.

Is Subletting Automatically Prohibited in Turkey?

No. The answer depends on the type of property and the applicable lease rules.

For residential and roofed workplace leases, the tenant generally cannot sublease the property or transfer the right of use to another person without the landlord’s written consent.

This makes written consent particularly important in residential and commercial property disputes.

Why Is Written Consent Important?

A tenant may argue that the landlord knew another person was using the property and verbally accepted the arrangement.

Foreign corporate landlords should therefore maintain clear written records concerning whether permission was requested, granted, refused or made subject to specific conditions.

Check the Lease Agreement First

The landlord should immediately review the lease for provisions concerning:

• subletting;
• assignment;
• transfer of use;
• occupancy by affiliates;
• change of business operator;
• short-term accommodation;
• alterations in permitted use;
• landlord consent;
• termination and default.

The contractual wording can significantly affect the dispute.

Unauthorized Sublease and Lease Assignment Are Different

A sublease should be distinguished from a complete transfer of the tenancy.

In a sublease, the original tenant generally remains part of the contractual structure. In an assignment, another party may effectively replace the original tenant.

The legal analysis should identify what actually occurred rather than relying on the name given to the transaction.

Can the Original Tenant Simply Hand the Property to Another Company?

This can create a serious problem in commercial leases.

For example, Company A may sign the lease but Company B later operate the entire restaurant, warehouse, office or shop from the premises.

The landlord should investigate whether Company B is merely providing services, is an affiliate legitimately permitted under the lease or has effectively obtained possession independently from the tenant.

Affiliate Companies Are Not Automatically the Same Tenant

The fact that two companies belong to the same corporate group does not necessarily mean that one company can freely replace another under a lease.

Separate legal personality should be considered.

If the lease permits occupation by subsidiaries or group companies, however, the contractual language must also be examined.

Can an Unauthorized Sublease Lead to Eviction?

Potentially, yes.

Where the tenant has transferred use of residential or roofed commercial premises without the required written consent, the landlord may have grounds to pursue termination and eviction subject to the applicable statutory procedure.

The precise legal route should be selected according to the facts rather than assuming that eviction is automatic.

The Landlord Should Not Physically Remove the Occupant

Even where the unauthorized sublease appears obvious, the foreign corporate landlord should not independently change locks, remove property, disconnect utilities or physically expel the occupant.

Possession should be recovered through the appropriate legal process.

First Determine Who Actually Occupies the Property

This is often the central factual issue.

The landlord should establish:

• who possesses the keys;
• who conducts business there;
• whose employees work there;
• whose signs appear outside;
• who pays utilities;
• who receives customers;
• whether the original tenant remains present;
• whether rent is being paid to the tenant by another person.

Commercial Registry Evidence Can Help

For commercial properties, corporate records may show that another company has registered the premises as its headquarters, branch or business address.

This evidence can support the landlord’s position but should be evaluated together with evidence of actual occupation.

Photographs and Signage Can Be Relevant

A new business sign, different trade name or another company’s branding may indicate that possession has changed.

Photographs should be collected lawfully and preserved with information showing when they were taken.

Utility Records May Be Relevant

Changes in electricity, natural gas, water, internet or other service arrangements can sometimes help establish who is actually using the premises.

Access to such information must nevertheless comply with applicable legal procedures.

Online Advertising Can Become Evidence

If the property is being offered online for rent, accommodation or commercial use by someone other than the tenant, preserve the relevant evidence.

Screenshots should ideally record the date, listing details, property photographs and identity of the person offering the property.

Social Media Can Also Reveal Unauthorized Use

Businesses frequently advertise their operating address publicly. A third party’s website or social-media materials may help establish actual use of the premises.

The evidence should be preserved before the material is removed.

Short-Term Rental Activity Requires Special Attention

A residential tenant who begins providing the property to short-term guests can create issues extending beyond ordinary lease law.

The landlord should investigate the nature and frequency of the activity and any separate regulatory implications rather than treating every short-term occupancy as an ordinary sublease.

Is Allowing a Family Member to Stay a Sublease?

Not necessarily.

The mere presence of relatives, employees, guests or other persons does not automatically establish a prohibited sublease.

The factual question is whether the tenant has effectively transferred the contractual right of use or possession in a manner requiring landlord consent.

Is Sharing a Commercial Office an Unauthorized Sublease?

It depends on the arrangement.

The presence of another professional or business in part of an office may reflect a service relationship, shared facilities or a genuine sublease.

Contracts, payments and actual possession should be examined.

Payment Evidence Can Be Powerful

If the third party regularly transfers money to the original tenant for use of the premises, those payments may support the existence of a sublease.

The description of payments, frequency and related agreements can be important.

Obtain the Alleged Sublease Agreement If Possible

A written agreement between the tenant and third party can provide strong evidence.

However, the absence of a written sublease does not necessarily mean that no transfer of use occurred.

The actual conduct of the parties remains important.

Should the Landlord Send a Formal Notice?

In many disputes, formal written notice is strategically important.

The appropriate content and procedural consequences depend on the particular breach and intended legal remedy. The landlord should avoid sending an improvised notice that incorrectly characterizes the violation or inadvertently accepts the third party’s occupation.

Do Not Accidentally Approve the Sublease

A foreign landlord should be careful after discovering the third-party occupant.

Correspondence, rent collection and negotiations should be structured so they do not unintentionally create an argument that the landlord consented to or accepted the arrangement.

Accepting Money Directly From the Subtenant Can Create Complications

If the third party begins paying rent directly to the landlord, the legal significance of those payments should be evaluated before accepting them.

The tenant may later argue that the landlord recognized the new occupancy arrangement.

Written Reservations Can Be Important

Where payments or communications must continue while the dispute is being investigated, appropriate written reservations may help preserve the landlord’s position.

The strategy should be determined before substantial correspondence occurs.

What If the Tenant Denies the Sublease?

The landlord should move from suspicion to evidence.

A successful eviction strategy should demonstrate the actual transfer of use rather than rely solely on allegations.

Witnesses, corporate records, advertisements, payment evidence and occupancy facts may collectively establish the arrangement.

Can the Subtenant Be Included in the Eviction Process?

The procedural position of the original tenant and actual occupant should be assessed carefully when preparing litigation.

The landlord should identify all relevant parties and the legal basis on which possession is sought.

What If the Original Tenant Has Completely Disappeared?

If the original tenant has left and an unrelated third party occupies the entire property, this can strengthen the factual argument that possession was transferred.

The landlord should still use formal legal procedures to recover possession.

What If the Tenant Subleases Only Part of the Property?

Partial subletting can also create a breach where the applicable law or lease requires landlord consent.

The extent of the transferred area should be documented.

Commercial Use Outside the Lease Purpose May Create Another Breach

An unauthorized sublease sometimes accompanies a change in use.

For example, an office may become a retail operation, a warehouse may be used for manufacturing or residential premises may be operated commercially.

These issues should be analyzed separately rather than relying only on the sublease allegation.

Zoning and Building Rules May Also Matter

A new occupant may use the property contrary to zoning, condominium-management rules or building restrictions.

These issues can provide additional factual and legal concerns, although they should not be confused with the lease-law basis for eviction.

Damage Caused by the Subtenant

If the unauthorized occupant damages the property, document the condition immediately.

Photographs, expert inspection and repair estimates may be required for a later damages claim.

Who Is Responsible for the Damage?

The original tenant may remain responsible to the landlord under the lease even where physical damage was caused by a subtenant or other unauthorized occupant.

The contractual and factual circumstances should be reviewed.

Can the Landlord Claim Compensation?

Potentially.

Claims may involve physical damage, unpaid rent, contractual liabilities or other losses arising from the breach. The landlord must establish the legal basis, amount and causal connection.

Security Deposit Should Be Preserved

The existence of an unauthorized sublease does not mean the landlord should immediately treat the entire deposit as forfeited.

Deposit deductions and claims should correspond with legally recoverable amounts.

Foreign Corporate Landlords Should Verify Their Authority Documents

A foreign company pursuing legal proceedings in Turkey should ensure that its corporate authorization and power-of-attorney documentation are properly organized.

This should be handled early so procedural steps are not delayed.

Evidence Should Be Collected Before the Tenant Changes the Situation

Once the tenant learns that the landlord is investigating, signage may disappear, online advertisements may be removed and the third party may temporarily leave.

Evidence preservation should therefore occur promptly and lawfully.

Consider Formal Evidence Preservation

Where proof is likely to disappear or become difficult to obtain later, available judicial evidence-preservation mechanisms may be considered depending on the circumstances.

This can be particularly useful where the identity and use of the premises are central to the dispute.

Mediation Requirements Should Be Checked

Lease disputes in Turkey may be subject to mandatory mediation before litigation depending on the nature of the claim.

The correct procedural sequence should therefore be identified before filing an eviction action.

Eviction Proceedings Can Be Strategically Combined With Other Claims

Depending on the circumstances, the landlord may also have claims concerning unpaid rent, damage or other contractual breaches.

Whether these should be pursued together or separately requires procedural and commercial analysis.

What If the Lease Is Close to Expiration?

The landlord should compare all available termination and eviction grounds rather than automatically selecting unauthorized subletting.

A different route may sometimes provide a clearer or more efficient legal strategy.

What If the Tenant Stops Paying Rent?

Non-payment and unauthorized subletting are separate breaches.

If both exist, preserve the evidence and procedural requirements for each rather than allowing one claim to undermine the other.

Foreign Landlord Should Review Tax and Accounting Consequences

If the property has generated unauthorized third-party rental income, the landlord should distinguish the tenant’s tax affairs from its own obligations.

Legal strategy should not be based on unsupported assumptions about another party’s tax position.

Due Diligence for Future Commercial Leases

Foreign corporate landlords can reduce future disputes by using detailed clauses addressing subletting, affiliates, group companies, shared occupation, change of control, business-address registration and short-term use.

Consent procedures should be clearly documented.

Include Inspection Rights Where Appropriate

A commercial lease can regulate reasonable inspection mechanisms subject to applicable law.

This can help the landlord identify unauthorized occupation before it becomes entrenched.

Require Updated Corporate Information

For corporate tenants, the landlord may consider contractual obligations concerning changes in company identity, mergers, business operators and relevant occupancy arrangements.

Immediate Action Plan for the Foreign Corporate Landlord

When a foreign corporate landlord discovers a suspected unauthorized sublease in Turkey, it should immediately review the lease, determine whether written consent exists, identify the actual occupant, preserve photographs and online evidence, examine corporate and business records, avoid conduct that could be interpreted as consent, document any damage, determine the appropriate formal notice, evaluate mandatory mediation and prepare the correct termination and eviction strategy.

Frequently Asked Questions

Can a tenant sublease residential property in Turkey without the landlord’s consent?

For residential and roofed workplace leases, written landlord consent is generally important for subletting or transferring the right of use.

Can unauthorized subletting result in eviction?

Potentially, yes. The landlord must establish the breach and follow the appropriate termination and eviction procedure.

Is another company operating from the property enough to prove a sublease?

Not automatically. The relationship between the tenant and third party and the actual transfer of possession or use should be established.

Can the landlord change the locks?

A landlord should not attempt self-help eviction. Possession should be recovered through the applicable legal procedure.

Does an affiliate company need landlord permission?

The lease terms and actual arrangement should be examined. Separate companies should not automatically be treated as the same tenant merely because they belong to the same corporate group.

What evidence can prove an unauthorized sublease?

Relevant evidence may include the lease, third-party agreements, payment records, business signage, advertisements, corporate records, witness evidence and facts showing actual occupation.

What if the landlord verbally agreed to the arrangement?

The factual and legal consequences require careful analysis, particularly because written consent is important for residential and roofed workplace leases.

Can the landlord claim damages from the tenant?

Potentially, where recoverable loss results from the tenant’s contractual breach or damage to the property.

Should the landlord accept rent directly from the subtenant?

This should be considered carefully because direct dealings with the occupant may later become relevant to arguments concerning consent or recognition of the occupancy.

What should a foreign corporate landlord do first?

Review the lease and establish exactly who controls and uses the property. Before commencing eviction proceedings, preserve evidence showing that the tenant actually transferred possession or the right of use without the required consent.

Client-Focused Legal Support for Foreign Corporate Landlords in Turkey

Unauthorized subletting can create substantial problems for foreign property owners, particularly where a tenant has transferred commercial premises to another company, changed the permitted use, disappeared from the property or allowed an unauthorized third party to take possession. Fırat Fesih Kaya Law Office assists foreign companies and international property owners with commercial and residential lease disputes in Turkey. Lawyer Fırat Fesih Kaya provides legal assistance in investigating unauthorized subleases, preserving evidence, preparing notices, conducting mandatory mediation where applicable, pursuing termination and eviction proceedings and seeking compensation for property damage or other recoverable losses.

Phone:
+90 312 434 22 22

Mobile:
+90 532 769 22 22

Email:
info@firatfesihkaya.av.tr

Address:
Mevlana Boulevard No:221, Yıldırım Tower, Office No:148
06520 Balgat, Çankaya, Ankara, Turkey