NEWSLETTER-2020-metin

108 NEWSLETTER 2020 Transfer of Lease Relationship (Article 323 of the TCO) Within the scope of Article 323 of the TCO, the transfer of the lease relationship by the lessee is regulated. Therefore, a transfer re- lationship in which the lessor has changed will not be addressed in this article. According to the legal regulation, the lessee may not, un- less she/he obtains the written consent of the lessor, transfer the lease relationship to another party. However, the lessor cannot refrain from giving such consent unless there is a justifiable reason in a workplace leasing case. Joint and several liability is also regulated in the Article in the case of a transfer of lease relationship. In this context, the lessee who transfers shall be jointly and severally responsible with the transferee until the expiry of the lease agreement, for a maximum period of two years. Return of the Leased Property Prior To the Expiry of the Contract (Article 325 of the TCO) As a rule, the lessee is obliged to return the leased area in the same condition at the end of the lease agreement. To the contrary, however, in the case where the lessee hands back the leasehold in breach of the duration of the agreement or termination period, the lessee’s obliga- tions shall survive for a reasonable period within which the leasehold may be leased with similar terms and conditions. As well, in the case where the lessee finds a new lessee whom the lessor may be expected to accept, and wherein he/she has means to pay the rental amount and is ready to take over the tenancy before such period expires, the ob- ligations of the lessee originating from the lease agreement cease to exist. The lessor is obliged to deduct from the rental the costs from which the lessor is made exempt from incurring, as well as the benefits the lessor gained by using the leasehold in other manners, or those which the lessor intentionally refrained from gaining. Prior to the enforcement of Article 325 of the TCO, there were no legal regulations in this direction under Law of Obligations No. 818 (“Law No. 818”) and Law No. 6570 on Real Estate Rents (“Law No. 6570”). The Supreme Court decisions, which have a similar nature