As a result, parties to a sublease contract assume all rights and obligations arising from leases. As a result, the co-working area service provider has certain obligations to the user, such as making it available. B rental property to use, as well as warranty against defects and silent enjoyment. Therefore, it is an offence to fail to comply with their obligations for the duration of the contract. The user then has the right to claim damages for breach of the content service of the co-working service provider`s contract. During the closure and gradual reopening of the country; the real estate sector remains largely closed and is not operational. This means that a landlord cannot reow, since the landlord cannot show the property to potential tenants and therefore cannot enter into new leases. Clearly, this results in the landlord not being able to mitigate the damage, which exposes the tenant to a claim for compensation for the entirety of the damage suffered by the landlord. In any event, a court will take into account the personal circumstances of the tenant when faced with such an injunction. Unfortunately, for many tenants in such a situation, the damages laws are not affected by the economic consequences of the COVID 19 pandemic. It`s not going to fly. It must be based on its true financial harm.
It has rightly been described as “a sentence that cannot be collected in advance. They can only be calculated when a new tenant has been found and the landlord cannot benefit financially or from the rental fee. It will simply be refunded. The inconvenience caused to an owner by an early cancellation will undoubtedly be both annoying and tedious; But it is clear that a tenant has the right to terminate a tenancy agreement. Only then does the owner have the right to recover his actual losses in an early cancellation penalty. The Turkish contract system has defined several typical contractual typologies at the same time as the sui generis contract, the rules of which are not specified, but which are subject to the general provisions of Turkish obligation law (“TCO”) with regard to contractual relations. On the other hand, the types of standard contracts have also been governed by the specific characteristics of these relationships in daily life. Among other things, leases have been defined as such in art. 299 TCO: “Leases are contracts in which the landlord allows the tenant to use and use something while the tenant pays rent.” In addition, Turkey`s contract law also provides that the title chosen by the parties or the legal qualification they have made for the contract concerned does not affect, as it has the characteristics of a particular type of contract. As noted in the section above, the provider is not liable for the damage if the co-working area service provider is not the one that terminated the main lease.
In other words, the responsibility of the co-working area service provider for early termination of the user whose sublease contract is directly concerned depends on how the main lease was terminated and whether or not the co-working area service provider participated in such termination.