Leases Of Residential  And Roofed Workplaces Within The Frame Of The Turkish Code Of Obligations

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There are two types of leases in the TCO; “Ordinary” and “Residential  And Roofed Workplace”. Since the common type of agreements are generally subjected to the Residential  And Roofed Workplaces, we will go into the articles that are about the second type of leases which start from the Article 339 of the Turkish Code of Obligations.

First thing that must be detected is that if an agreement is less than for 6 months, then it is subjected to the Ordinary Lease which starts from the Article 299 of the Turkish Code of Obligations. In this section, lease agreements with definite terms and with indefinite terms are subjected to the different enforcements when it comes to the termination of the lease contract. Lease contracts can be terminated either by notification or by taking a legal action.

According to the Article 347 of the TCO, if the lessee has  not given notice at least 15 days prior to the end of the agreement with a definite term, then the agreement is deemed to be renewed for a period of one year with the same conditions. However, the lessor may not terminate the contract based on the fact that the agreement is expired. Lessor can terminate the contract with any reason at the end of the 10 years of renewals provided that the lessor has given a notice 3 months prior to the end of the renewal year of the contract. Agreements with indefinite terms may be terminated at any time by the lessee. But by the lessor, it can be terminated 10 years after the expiry of the contract pursuant to the termination notice given based on the general terms: That means, pursuant to the termination terms according to the Article 329 that regulates Ordinary Lease.  In such case, Lessor shall notify the lessee 3 months prior to the end of the 6 months lease period. There is one significant point about the termination notice; it shall be written in order to be valid according to the Article 348 of the TCO.

If the leased property is subjected to a family residency, according to the Article 349 of the TCO, the lessee cannot terminate the contract without the consent of the spouse. If the spouse refuses to give his/her consent without a valid ground, or it is not possible to take the spouse’s consent, then lessor may ask Judge whether a decision can be given by the legal authority. If the spouse who is not the lessor decides to become a party of the lease contract, then the lessor shall notify both the lessor and the spouse in case of a termination and its conclusions.

The lease agreement can be terminated also by taking a legal action. The action can be taken both by The Lessor or the Lessee. The reasons arise from the Lessor are regulated under the Article 350 of the TCO which is titled “Requirements, Reconstruction and Construction”. If the lessor requires the property; 1- For him/herself, spouse, descendants, lineal kinship, the people who are legally under his/her care in order to use the property as residential purposes or to use as a roofed workplace, 2- In order to construct or reconstruct the property substantially, he/she may terminate the contract end of it if it has a definite term; if the contract is with an indefinite term, then he/she may take a legal action 1 month prior to the termination period that is determined according to the Ordinary Lease terms. The reasons arise from the New Landlord are regulated under the Article 351 of the TCO. If the new landlord requires the property for him/herself, spouse, descendant, lineal kinship, the people who are legally under his/her care in order to use the property as residential purposes or to use as a roofed workplace, he/she may notify the lessee within 1 month after the date of acquisition and take the legal action after 6 months from the date of acquisition. He/she also may take the legal action within 1 month after the contract is expired. The reasons arise from the Lessee are regulated under the Article 352 of the TCO. If the Lessor sends two times to the Lessee a notice of action within the term of contract, Lessor may terminate the contract by filing a legal action within 1 month after the end of the term of the contract and if the contract is longer than 1 year, at the end of the year in which the notification is sent. In addition to that, if the contract is with a definite term, and the Lessor had no knowledge before when the contract is signed that the Lessee or his/her spouse has an inhabitable resident in the same county, he/she may terminate the contract within 1 month after the contract is expired.

There is one last regulation that prohibits Lessor to lease the property to another person according to the Article 355 of the TCO. It states that in case the Lessor breaches this prohibition, a compensation shall be paid not less than the last-year’s rent to the Lessee.

 

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