

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.
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.
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.
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.
The landlord should immediately review the lease for provisions concerning:
The contractual wording can significantly affect the dispute.
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.
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.
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.
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.
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.
This is often the central factual issue.
The landlord should establish:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
A commercial lease can regulate reasonable inspection mechanisms subject to applicable law.
This can help the landlord identify unauthorized occupation before it becomes entrenched.
For corporate tenants, the landlord may consider contractual obligations concerning changes in company identity, mergers, business operators and relevant occupancy arrangements.
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.
For residential and roofed workplace leases, written landlord consent is generally important for subletting or transferring the right of use.
Potentially, yes. The landlord must establish the breach and follow the appropriate termination and eviction procedure.
Not automatically. The relationship between the tenant and third party and the actual transfer of possession or use should be established.
A landlord should not attempt self-help eviction. Possession should be recovered through the applicable legal procedure.
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.
Relevant evidence may include the lease, third-party agreements, payment records, business signage, advertisements, corporate records, witness evidence and facts showing actual occupation.
The factual and legal consequences require careful analysis, particularly because written consent is important for residential and roofed workplace leases.
Potentially, where recoverable loss results from the tenant’s contractual breach or damage to the property.
This should be considered carefully because direct dealings with the occupant may later become relevant to arguments concerning consent or recognition of the occupancy.
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.
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