In Article 299 of the Turkish Code of Obligations, a lease agreement that covers all types of rent is defined as “a contract in which the lessor undertakes to permit the use of something or the use of something with use to the lessee, and the lessee undertakes to pay the agreed rent in return”.
By taking into account the interests of the lessee, the lessor can make innovations and changes in the leased property that do not require the termination of the contract and can be expected from the lessee. In this case, the rights of the tenant regarding the reduction of the rental price and the elimination of the damage are reserved. The lessee can also make innovations and changes in the leased property with the written consent of the lessor. However, in this case, if there is no written agreement to the contrary, the lessor cannot demand the return of the leased property in its former state and the lessee cannot demand the return of the value increase in the leased property.
Problems in rental agreements mostly arise in cases of termination of the rental agreement. In this article, we will examine the termination of the lease agreement in terms of residences and roofed workplaces. Unless the tenant gives notice of termination at least 15 days before the expiry of the period, which is explicitly or implicitly determined in the residential and roofed workplace lease agreements, the contract is deemed to be extended for 1 year under the same conditions. The right to make a notice of termination is only given to the lessee, and the lessee must reach the lessor within the specified periods in order for the notice of termination to take effect.
In the face of this provision to protect the interests of the tenant, the property right of the lessor is significantly damaged. Turkish Code Of Obligations A. 347, the provision “..However, at the end of the ten-year extension period, the lessor may terminate the contract without giving any reason, provided that it notifies at least three months before the end of each extension year following this period…”.
If the parties have not determined the duration of the contract explicitly or implicitly, but only agreed that the property will be rented, there is an indefinite-term lease agreement, and in this case, a “written notice of termination” is required to terminate the lease agreement.
Residential and roofed workplace lease agreements, except for term-related termination; For any of the parties, if the continuation of the lease agreement has become unbearable, that is, if it has become unbearable, if the lessee has gone bankrupt after the establishment of the contract and has not provided the guarantee requested by the lessor for the next rental periods, it may be terminated for justified reasons. In this case, the tenant must have returned the leased property in order to lease to expire. The lessor is obliged to review the condition of the leased property during the return and immediately notify him in writing of the deficiencies and defects for which the tenant is responsible. If this notification is not made, the lessor is relieved of all kinds of responsibility, except for the deficiencies and defects that cannot be detected by a regular inspection at the time of delivery.
In cases where the lessor does not deliver the leased property within the time specified, in the contract, the lessee uses the leased property in a careless and damaging manner, and the lessee uses the leased property for purposes other than its intended purpose, the lease agreement may be terminated due to breach of contract.
Another major reason for termination is the non-payment of the rental fee. If the unpaid rent debt is not paid despite the written warning, which clearly states that the lease agreement will be terminated if it is not paid within the given time, the rental agreement will be terminated. The period to be given for residential and roofed workplace rentals cannot be less than 30 days and this period is calculated from the date following the notification of the written warning to the tenant. Payment made after this period will not cancel the termination.
If the rent for the immovable property is not paid, also for the residential and roofed workplace rents, the lessor can seize the movable properties that not only belong to the lessee, but also belong to the third party or the second tenant, under certain conditions, in order to ensure the rental receivable, for the furnishing and use of the leased property. authority has been granted. In this context, the right to lien is not only valid for due receivables, but also for receivables that will run for a certain period of time. However, a limit has been set for this in the law and it can be confiscated up to the amount that will cover the six-month rental fee with the one-year rent that has been processed. Money or bills of receivable and other valuable documents are excluded from the concept of lien in the housing rent. In addition, the sub-tenant’s goods within the specified scope may be confiscated for the amount owed to the main tenant. The right of seizure regulated in the law is a sanction for the purpose of compelling the payment of rent. The right of imprisonment cannot be used for other receivables other than the rental price!
You can always get support from the expert staff of our Law Office and contact us to get help and information about your new lease agreement or your existing lease agreement.
