Subletting and Lease Assignment in Turkey: Tenant Rules

Many tenants in Turkey — especially foreigners renting in Antalya and other coastal cities — eventually find themselves with months left on a lease they no longer need. Some consider subletting to a friend; others want to transfer the entire contract to someone new. Both paths are possible under Turkish law, but each carries strict requirements that catch many tenants off guard.

What Are Subletting and Lease Assignment?

These are two legally distinct arrangements under the Turkish Code of Obligations (Türk Borçlar Kanunu).

Subletting (alt kira) means you remain the tenant under your original contract while entering a separate rental agreement with a third party. Your landlord is still your contractual counterpart; you essentially become a landlord to your sub-tenant. Critically, you remain fully liable to your landlord — for rent, damages, and the way your sub-tenant uses the property.

Lease assignment (kira devri) goes further. You transfer your entire lease position to a new person, who steps directly into your place as tenant. When done correctly and with the landlord's written approval, you can be released from the contract entirely — with an important caveat for commercial leases, which we'll get to.

Written Consent Is Non-Negotiable

Under Article 322 of the Turkish Code of Obligations, a tenant in a residential or covered workplace lease cannot sublet the property or transfer the right of use to anyone without the landlord's written consent. A verbal go-ahead is not enough; only a written agreement carries legal weight.

The same rule applies to full lease assignments under Article 323. Assigning your lease without that written consent is a breach of the contract and gives the landlord grounds to start eviction proceedings.

If you are renting a property in Antalya and are considering any kind of transfer arrangement, the very first step is to check your lease contract — many include an explicit subletting prohibition. If that clause is present, you need the landlord to waive it in writing, not merely to give separate consent.

Residential vs. Workplace Leases: The Key Distinction

The Turkish Code of Obligations draws an important line between residential rentals and workplace rentals, and it matters most when it comes to assignments.

For a residential lease, your landlord has broad discretion. They can decline any assignment request without having to justify the decision.

For a workplace lease, Article 323 limits that discretion: the landlord cannot refuse an assignment without a justifiable reason. This protection is meaningful when a business tenant is selling their business, restructuring, or genuinely needs to hand over the commercial space. If a landlord refuses without cause, a court can override that refusal.

There is a further twist for workplace assignments: even after a successful transfer, the outgoing tenant remains jointly and severally liable alongside the incoming tenant — for up to two years from the date of assignment, or until the lease expires if that comes sooner.

What Happens If You Sublet Without Permission

Proceeding without written consent puts your tenancy at serious risk. Unauthorized subletting is a breach of the lease under Article 316 of the Turkish Code of Obligations.

For residential and covered workplace leases, the landlord cannot immediately terminate the contract. They must first serve you a written notice giving at least 30 days to remedy the breach — in practice, to end the sub-tenancy. If you fail to act within that window, the landlord can terminate the lease.

The sub-tenant's position is also precarious. Without the landlord's consent, the sub-tenant has no direct rights against the landlord and can be required to vacate. You, as the original tenant, remain exposed to claims for any loss the landlord suffers.

How to Do It Properly

The right approach is simple in principle: ask your landlord early, obtain consent in writing, and — for a lease assignment — ensure all three parties sign a transfer document that clearly records who takes over and from when.

For foreign tenants in Antalya who also have obligations in other countries, a lease assignment can be especially practical when leaving Turkey earlier than planned. The key is to start the process in good time; Turkish landlords cannot be rushed into signing consent agreements, and courts will not save a transfer that skipped the written step.

You can read more about your baseline rights as a tenant in our guide on rental agreements in Antalya, and about ending your tenancy early in our article on early lease termination. For business premises specifically, see our overview of commercial leases in Turkey.

Frequently Asked Questions

Q: Can my landlord refuse to let me assign my commercial lease?

For workplace leases, the law says the landlord cannot refuse without a justifiable reason. If they decline without explaining why, you have grounds to challenge that refusal in court. Residential landlords have no such restriction — they can simply say no.

Q: If I assign my residential lease, am I off the hook completely?

For residential leases, yes — once the landlord consents in writing and the new tenant steps in, you are released from all further obligations. For workplace leases, you stay jointly liable for up to two years or until the lease ends, whichever is sooner.

Q: Does a verbal agreement from my landlord to sublet protect me?

No. Turkish law requires written consent for subletting in residential and covered workplace leases. Verbal approval offers no legal protection if the relationship later turns sour.

Q: Can my sub-tenant deal directly with the landlord?

Not as a matter of right. The sub-tenant has no direct legal relationship with the landlord. If the sub-tenant causes damage or stops paying you, the landlord's claim still runs against you. The landlord can, however, exercise certain rights directly against the sub-tenant as well.

Q: What if my lease already bans subletting?

That contractual prohibition is enforceable. Consent to one subletting arrangement does not override a general ban in the contract — the landlord would need to explicitly agree to modify or waive that clause in writing.

How Mona Hukuk Can Help

Our Antalya team regularly advises foreign tenants and property owners on lease transfers, subletting arrangements, and the legal consequences of unauthorized occupancy. We review lease contracts, draft written consent agreements, and represent clients in eviction disputes before Turkish courts.

Contact us at contact@monahukuk.com or call +90 (242) 606 14 32 to schedule a consultation in Antalya.