What Are the Legal Sanctions Against a Noisy Neighbor?

What Are the Legal Sanctions Against a Neighbor Who Makes Excessive Noise?

There are a number of legal remedies available if your neighbor in the same apartment building creates constant noise that has become unbearable. Examples of such noise include air conditioning noise, constant guests and noise made by children, or the sound of a vacuum cleaner. The first step should be to warn the noisy neighbor verbally in an appropriate manner. However, if the neighbor persistently continues their noisy behavior and actions despite your warnings, you should notify the apartment manager, who is elected by a joint decision of the apartment, so that they can intervene. The apartment manager should verbally warn the neighbor who is disturbing other residents and request that they put an end to this situation. However, if the neighbor continues to make noise despite all these objections by failing to comply with the rules arising from the Condominium Ownership Law, a formal warning should be sent via a notary public. If the noisy neighbor is a tenant, the landlord should be contacted to ensure this situation is prevented. As clearly stipulated in the Condominium Ownership Law, neighbors living in the same apartment or residential complex must not disturb each other.

Article 18 of the Condominium Ownership Law states: Owners are mutually obligated to comply with the rules of integrity when using their independent units, as well as the appurtenances and common areas, and specifically, they are obligated not to disturb each other, not to infringe upon each other's rights, and to abide by the provisions of the management plan.

You can apply to the Magistrate Court (Sulh Hukuk Mahkemesi) against the noisy neighbor and request an injunction if you can prove the elements causing the disturbance. It is very important to conduct these applications with a lawyer. In the lawsuit to be filed at the Magistrate Court, certain court fees and expense advances must be paid.

Another legal procedure is to file a criminal complaint against the neighbor who makes constant noise by applying to the Office of the Public Prosecutor in your region. Following the application to the Public Prosecutor's Office, if the prosecution collects evidence and decides to file a lawsuit, they will prepare an indictment.

In accordance with the obligation to transfer condominium ownership regulated in Article 25 of the Condominium Ownership Law;

If one of the condominium owners violates the rights of other owners to an extent that becomes unbearable for them by failing to fulfill the debts and obligations incumbent upon them under this law, the other owners may request the judge to order the transfer of that owner's ownership right over their independent unit to themselves.

(Amended second paragraph: 14/11/2007-5711/12 art.) For such a condominium owner, the filing of a lawsuit for the transfer of the ownership of the independent unit to the other owners at the value closest to the date of the judgment, in proportion to their land shares, depends on the decision of the majority of the other owners in terms of number and land share, unless otherwise agreed. If some of the owners do not wish to file this lawsuit despite this decision, the other owners shall file the lawsuit, and before delivering the judgment, the judge shall grant the plaintiffs a reasonable period, determined ex officio, to deposit the transfer price into a three-month time deposit account at a bank, to be paid to the right holder in the future, and to present the receipt. When the document stating that the transfer price has been deposited within the period is presented and if the lawsuit is accepted, the judge shall order the transfer of the ownership of the defendant's independent unit to the plaintiff owners in proportion to their land shares and the payment of the transfer price along with accrued interest to the defendant.

In the following cases, the unbearable situation mentioned in the first paragraph is deemed to exist in any event:

a) Causing three instances of enforcement or litigation proceedings against them within two calendar years due to failure to pay their debts regarding common expenses and advances;

b) Persistently violating the rights of other owners for one year by failing to fulfill the debts and obligations written in this law, despite an order given by the local magistrate court judge according to Article 33;

c) Acting in violation of morals and ethics by using their independent unit as a brothel, gambling house, or similar place.

(Amended fourth paragraph: 14/11/2007-5711/12 art.) The right to sue under this article expires if it is not exercised within six months from the date of learning of the decision taken by the owners regarding the transfer, and in any case, within five years from the birth of the right to sue, or if the cause of the lawsuit has disappeared.

Do not forget that you have the right to pursue legal remedies when you encounter such a problem. I wish you healthy days.

Legal Consequences of a Landlord Not Installing Insulation in a Rented House

If there is no insulation in the apartment you are renting, you can request this from your landlord. If this request is not accepted by the landlord, you have the right to deduct the repair costs from the rent in proportion to the depreciation. High natural gas bills due to the lack of heat insulation cause hardship for the tenant. As clearly regulated in Article 4 of the Condominium Ownership Law; "roofs, chimneys, general terrace roofs, rain gutters, fire escapes" are among the common areas used by the owners. The Condominium Ownership Law stipulates that expenses related to common areas must be paid by all condominium owners. Transactions that will cause the main structure of the immovable to deteriorate are considered within the scope of urgent repair.

As regulated in Article 19 of the Condominium Ownership Law, titled "Maintenance of the main immovable, protection, and liability for damage";

"In the event that it has been determined by the court that a defect in common areas and facilities is damaging the main structure or an independent unit or units and needs to be repaired urgently, or that strengthening of the main structure is mandatory, the consent of the condominium owners is not sought for the performance of this repair and strengthening in accordance with its project and technique."

With the decision to be given by the court, in light of the "urgent repair" determination, you have the right to have the repairs made and to demand the collection of the expenses and the damages incurred from the other owners through a court decision. The other owners cannot refuse to participate in the decision made by the court or the owners. The Condominium Ownership Law has explicitly made it mandatory for all owners to cover the costs of urgent repairs. However, the Condominium Ownership Law stipulates that repairs considered luxury and outside of architectural projects are not mandatory for owners to pay.

Tenants have an obligation to participate in maintenance and repair processes carried out for common areas in the apartment such as the roof and terrace. The tenant has the right to offset the common area expenses they have paid from the rent by sending them to the apartment manager via bank transfer with a description. If the tenant has incurred costs exceeding the rent amount, the tenant is only liable to offset the amount up to the rent. The landlord is obliged to cover the remaining balance.

Furthermore, the tenant has the right to make beneficial and necessary repairs in the rented property that are found in the property and are contrary to the nature of the lease. Useful and necessary repairs are explained as follows: in cases where the water and electricity installations in the rented property are insufficient for normal use or are faulty, the tenant has the right to demand the deduction of the cost from the rent by covering these repairs.

Who Pays the Costs in Case of a Leaking Roof?

It is all the condominium owners who are liable to pay for the repair costs that will arise due to broken roof tiles and the roof leaking water, for a tenant residing on the top floor. In clause (c) of Article 4 of the Condominium Ownership Law, the roof is accepted as a common area.

Condominium Ownership Law

IV - Common areas:

Article 4 – The subject of common areas can be specified by contract. The places and items listed below are considered common areas in any case under this Law.

a) Foundations and main walls, beams, columns, and shear walls forming the carrier system and other elements of the carrier system, common walls separating independent units, ceilings and floors, courtyards, general entrance doors, entryways, stairs, elevators, landings, corridors and general toilets and sinks therein, janitor apartments or rooms, general laundry and laundry drying areas, general coal cellars and common garages, housing and enclosed parts intended for the protection of electricity, water and gas meters located outside independent units, boiler rooms, wells and cisterns, general water tanks of the building, shelters,

b) Sewage systems and garbage chutes outside each owner's own unit, as well as heating, water, gas and electricity installations, common networks and antennas for telephone, radio and television, hot and cold air installations,

c) Roofs, chimneys, general terrace roofs, rain gutters, fire escapes.

Other places and items that fall outside the above list but are necessary for common use, protection, or benefit also fall under the subject of (Common areas).

As regulated in the Condominium Ownership Law, all owners are responsible for expenses related to common areas.

According to the established jurisprudence of the Supreme Court of Appeals (Yargıtay), all owners must bear the costs of mandatory repairs to the roof and terrace that affect the main structure. The requests of owners who do not want to cover mandatory repair expenses are considered invalid.

Tenants also have an obligation to participate in maintenance, repair, and arrangement work done for the roof or terrace, just as in all other common areas of the apartment. However, after the tenant pays the amount they are responsible for regarding the roof to the site management via bank transfer, they have the right to offset this receipt from the rent they pay to the landlord. Since the repair cost of the roof is covered from the landlord's rental income, the responsibility for payment belongs to the tenant, and the obligation to pay belongs to the landlord. In accordance with the Condominium Ownership Law and the established jurisprudence of the Supreme Court, the financial responsibility in this regard is limited to the tenant's rent.

According to the Condominium Ownership Law, it is stipulated that important management tasks such as leasing the exterior walls, roof, or terrace of the main structure for advertising purposes can only be performed upon a unanimous decision by all owners.

Another important point is that for a beauty salon to be opened in the apartment, a unanimous decision must be taken by the board of owners. The General Assembly of Civil Chambers of the Supreme Court has made the use of an apartment in the building as a workplace conditional upon a unanimous decision by the board of owners.

Do not forget that you have the right to pursue legal remedies when you encounter such a problem. I wish you healthy days.

Is Pets Making Sound and Noise in an Apartment a Reason for Eviction?

It is not legally prohibited for neighbors living in the same apartment to keep pets. However, the keeping of pets can be prohibited by a decision taken by the apartment management.

As regulated in clause (z) of Article 4 titled "Domestic activities and noise created by neighbors" of the Regulation on the Assessment and Management of Environmental Noise (Official Gazette Date 04.06.2010-Number: 27601) issued by the Ministry of Environment and Forestry;

It is regulated to include activities arising from the behavior and habits of individuals within the residence; closing doors and windows, walking, talking, cleaning, pulling furniture, watching television, listening to the radio, using all kinds of musical instruments for non-entertainment purposes, using appliances such as washing machines, refrigerators, vacuum cleaners, keeping pets, and renovations to be made inside the building.

The definition, criteria, and decibel levels of noise made in an apartment are regulated by the Regulation on the Assessment and Management of Environmental Noise issued by the Ministry of Environment and Forestry.

In the Regulation on the Assessment and Management of Environmental Noise issued by the Ministry of Environment and Forestry, the decibel limits of noise that pets and neighbors can make are regulated as night-day, open-closed window, and indoor-outdoor environments. A decibel measurement is made by the Provincial Directorate of Environment and submitted to the complaint file. If a noise level higher than the decibel limits regulated in the regulation is detected; if the dog is barking very loudly above a certain decibel and creating noise pollution, then eviction proceedings are initiated.

As also clearly stipulated in Article 737 titled "Neighbor Right" regulated in the Turkish Civil Code;

TCC Article 737: Everyone is obliged to avoid excess that will negatively affect their neighbors while using the powers arising from immovable property ownership and especially while continuing business activities. In particular, it is prohibited to cause discomfort by emitting smoke, steam, soot, dust, odor, making noise or vibration that exceeds the degree that can be tolerated between neighbors according to the situation, nature, and local custom of the immovable. Rights regarding compensation arising from inevitable excesses in accordance with local custom are reserved.

The owner or the person using the immovable is obliged to avoid events and behaviors that will harm their neighbor. Homeowners living together due to the use of common areas have a duty to fulfill the obligation of care towards each other. Furthermore, neighbors who keep animals in their homes must pay attention to this situation so that other neighbors are not disturbed by the sounds made by the animals. In some properties, owners take joint decisions to prohibit keeping animals in the apartment. In regions where common living areas are prevalent, rules are determined with the majority decision number in the decisions taken by the votes of the owners. Each property owner or person using the property should act within the framework of tolerance and good faith rules towards their neighbors, and it is expected that they show tolerance to neighbors keeping animals for any sounds that may occur.

Can Rent Increases Be Objected to Due to the Covid-19 Pandemic?

The Covid-19 pandemic continues to affect many people deeply both financially and morally. Workers are not receiving their salaries and are being placed on unpaid leave indefinitely, while employers have had to close their workplaces due to restrictions. This situation has also affected the rent payments of tenants living in rental properties. Tenants have had difficulty making rent payments to landlords and have begun to think about what legal remedies to pursue against landlords who want to increase rent. There are many debates about whether the pandemic process that emerged with the COVID-19 outbreak can be considered force majeure. In the decisions of the General Assembly of Civil Chambers of the Supreme Court, the concept of "force majeure" is explained as: "Force majeure is an extraordinary event that occurs outside the activity and operation of the responsible party or debtor, which leads in an absolute and inevitable way to the violation of a general norm of conduct or a debt, and which cannot be foreseen and resisted. Natural disasters such as earthquakes, floods, fires, and epidemics are considered force majeure."

As regulated in the general provisions of the Turkish Code of Obligations, tenants have the right to file a rent adaptation lawsuit because the COVID-19 pandemic is force majeure. In case tenants are unable to pay the rent, they can resort to terminating the lease contract without compensation. Rent debts are not erased due to the COVID-19 pandemic, and tenants are obliged to pay their rent. However, there is no provision in our legislation stating that rent cannot be paid or that rent cannot be increased at the end of the year or period during the COVID-19 pandemic process. It is clear in the decisions given by the General Assembly of Civil Chambers of the Supreme Court that the COVID-19 pandemic process is accepted as force majeure. Excessive hardship in performance is regulated in Article 138 of the Turkish Code of Obligations. Namely; If an extraordinary situation that was not foreseen by the parties at the time the contract was made and is not expected to be foreseen arises due to a reason not originating from the debtor, and changes the existing facts at the time of the contract against the debtor to such an extent that requesting performance from them would be contrary to the rules of honesty, and the debtor has not yet performed their debt or has performed it by reserving their rights arising from the extreme difficulty of performance, the debtor has the right to request the judge to adapt the contract to the new conditions, and if this is not possible, the right to withdraw from the contract. In continuous performance contracts, the debtor, as a rule, exercises the right to terminate instead of the right to withdraw.

As clearly regulated in the law article; the tenant has optional rights arising from the law in the presence of force majeure due to excessive hardship in performance. Accordingly; the tenant has the right to request a reduction in rent and termination of the lease contract without compensation. If the tenant is unable to pay the rent at all, in this case, they must vacate the house and terminate the lease contract.

You have the right to file a rent adaptation lawsuit in accordance with the relevant articles of the Turkish Code of Obligations by refusing the landlord's request for a rent increase during the pandemic period. It is necessary to continue paying the rent at the old rate during the lawsuit process. You can request the adaptation of the rent by informing the court of reasons such as being fired or being put on unpaid leave due to the COVID-19 pandemic. The rent adaptation lawsuit is filed at the Magistrate Court where your residence is located. However, before filing the lawsuit, it would be legally beneficial to send a notice via a notary public informing the landlord of the situation.

What Is a Lease Contract and How Many Types of Lease Contracts Are There?

A lease contract is a contract in which the lessor undertakes to leave the use of something or the benefit from it together with its use to the lessee, and the lessee undertakes to pay the agreed rent in return.

Lease contracts are divided into two: fixed-term lease contracts and indefinite-term lease contracts. Fixed-term lease contracts are lease contracts that end without any notice upon the expiration of the agreed period.

An indefinite-term lease agreement is one that does not end upon the expiration of a set period without any notice—such as a formal warning—but rather terminates upon the provision of such notice. The existence of lease agreements can only be proven through written evidence. Lease agreements are not subject to any formal requirements and can be concluded either in writing or orally. The sale of the leased property does not terminate the lease agreement. The tenant continues the rental relationship with the new owner for the duration of the lease. However, the new owner must file an eviction lawsuit to remove the tenant from the property. If the parties entered into an oral lease agreement, the party claiming the existence of the agreement has the right to offer an oath to the relevant person. The Peace Civil Court is the competent court for all types of eviction lawsuits based on lease agreements, lawsuits for the termination of lease agreements, lawsuits for the determination of the rental price, and any accompanying claims for rental arrears and compensation. Objects of a lease can include not only movable and immovable property but also animals and any kind of goods, whether income-generating or not. Examples of movable property leases include cars, books, and household goods. Income-generating leases include product leases and hunting rights. When drafting a lease agreement, the parties may designate the competent court. The parties have the right to include a provision in the lease agreement for a specific rate of rent increase each year. Lease agreements are binding as they contain the declarations of both parties. If there is a claim that a lease agreement is void due to absolute nullity and is legally invalid, the matter is one of cancellation of the lease agreement, not its termination. The Peace Civil Court is also the competent court for compensation lawsuits filed against eviction cases. The lease agreement terminates if the leased property burns down due to a fire. Regarding the registration of a lease agreement in the land registry; such registration in favor of the tenant binds subsequent owners of the leased property. For a lease agreement concerning jointly owned property to be valid, the majority of shares and stakeholders must be present. The price of the leased property may be set in foreign currency, with payments made by the tenant in that currency. During the stage of forming a lease agreement, a clause stating that "no eviction lawsuit will be filed" is invalid. A provision in a lease agreement where the lessor waives in advance the right to eviction that may arise from the law in the future does not prevent the lessor's right to file a lawsuit. The person who must prove the existence of the lease agreement is the plaintiff who relies on the lease agreement in their lawsuit. In oral lease agreements, the method of proof by witness is applied. However, witnesses are not heard against a written lease agreement. If the tenant wishes to register the lease agreement in the land registry unilaterally, it results in the necessity of obtaining the lessor's approval. If the tenant has not definitively rejected the lease agreement, they are considered to have accepted its existence. The clauses that must be included in a lease agreement are as follows: the address information of the leased premises; the name, surname, address, and Turkish ID number of the lessor; the name, surname, address, and Turkish ID number of the tenant; the monthly and annual rent amount, written both in figures and in words; the rental duration and the start date of the lease; the condition of the leased property at the time it is rented; the purpose for which the leased property will be used; the inventory items delivered along with the leased premises; the bank account number for rent payments; and, if deemed necessary, the name, surname, address, and Turkish ID information of the guarantor.

What Are the Lessor's Obligations?

The lessor has certain obligations toward the tenant. These are regulated separately in the law as follows.

The lessor’s delivery obligation: The lessor is under an obligation to deliver the leased property to the tenant on the date agreed upon in the lease agreement. The nature of the lessor's delivery obligation is to deliver the property in accordance with the manner of use specified in the contract. The tenant is obligated to maintain the leased property in the condition in which it was received throughout the duration of the agreement. The obligation to deliver the property in accordance with its intended use cannot be modified. In residential and roofed workplace leases, the obligation to deliver in accordance with the intended use cannot be modified to the detriment of the tenant. Furthermore, unlawful arrangements cannot be made against the tenant through general transaction conditions. In lease agreements other than residential and roofed workplaces, unlawful arrangements against tenants are also prohibited.

Another obligation of the lessor is the obligation to bear taxes and similar charges. The lessor is obligated to bear mandatory insurance, taxes, and similar charges related to the leased premises. If the payments specified in the lease contract for the leased premises are not paid within the specified period, the lessor has the right to initiate enforcement proceedings and also to file a lawsuit for the collection of the unpaid rent. In the event that the leased property is sold to another person, the tenant has the right to demand the fulfillment of the lease agreement or to request the payment of financial compensation. If the tenant is unable to use the leased property due to a third party, the tenant has the right to demand compensation from the lessor for the financial loss suffered. If the leased property is delivered late by the lessor, the lessor has a liability to pay compensation to the tenant. However, if the leased property is accepted while asserting a reservation (protest), it is assumed that the right to compensation has been waived. The lessor is obligated to pay mandatory insurance, taxes, and similar charges related to the leased property. However, if a contrary provision is added to the lease agreement or if the law does not state otherwise, the lessor is not required to fulfill tax obligations.

The lessor has an obligation to bear side costs. The Turkish Code of Obligations regulates in detail what the lessor's obligation to bear side costs entails. This obligation concerns side costs incurred by the lessor or a third party related to the use of the leased premises. Side costs include mandatory insurance related to the property, property tax, and common expenses for fixtures related to the leased premises. Furthermore, the lessor is liable for defects in the leased property. If the property was delivered with defects, the lessor is obligated to remedy these defects. In cases where the leased property poses a serious health risk, the tenant may terminate the lease agreement. The repair of heaters in the leased premises is the lessor's responsibility. If the lessor refuses to cover the repair costs for the heaters, the tenant may have the repairs done and deduct the cost from the rent. The registration of a lease agreement in the land registry does not create a right in rem but creates a personal right.

One of the most important obligations of the lessor is the liability arising from defects in the leased property. The lessor is responsible for defects in the leased property at the time of delivery. Specifically, in the case of delivery of the property with significant defects, the lessor is liable for defects that arise subsequently in the leased property. Due to the property becoming defective later, the tenant has the right to demand from the lessor: the remedying of the defects, a reduction in the rent proportional to the defect, or the compensation of damages. If the leased property has a significant defect, the tenant has the right to terminate the lease agreement. The tenant's request for compensation of damages does not prevent them from exercising their other optional rights. Along with the request for compensation of damages, the remedying of defects or a reduction in the rent can also be demanded. The tenant may request the lessor to remedy the defect within a reasonable period. The tenant can demand the remedying of the defect by sending a formal warning through a notary. If the defect is not remedied within the period given by the tenant to the lessor, the tenant has the right to demand that the defect be remedied by deducting the cost from the rent. Additionally, the tenant has the right to demand replacement with an equivalent non-defective item.

What Are the Tenant's Obligations?

Following the execution of a lease agreement, the tenant has certain obligations under the Turkish Code of Obligations. Namely: the obligation to pay the rent, the obligation to use the leased property with care and show the necessary respect to neighbors, the obligation to pay cleaning and maintenance expenses, the obligation to notify the lessor of defects in the leased premises, and the obligation to tolerate the remedying of defects and the viewing of the premises.

Within the scope of the obligation to pay rent, the tenant is required to pay the rent and, if necessary, the side costs at the end of each month and no later than the end of the lease term. However, if the rent payment day is explicitly stated in the lease agreement, the tenant is obligated to pay the rent on the date specified in the contract. Due to non-payment of rent, the lessor has the right to initiate enforcement proceedings against the tenant in accordance with the provisions of the Enforcement and Bankruptcy Law. Objections against enforcement proceedings initiated with a request for eviction are made to the Enforcement Office. The purpose of the tenant's use of the leased premises must be clearly stated in the agreement. If the leased premises were rented by the tenant as a hospital, then subsequently using it as an office would constitute a violation of the lease agreement. The tenant is obligated to take care of the leased property. If the leased property is damaged due to misuse, the lessor can demand that the damage be covered by the tenant. Furthermore, if the tenant engages in very bad behavior toward neighbors living in the leased building, it is grounds for the termination of the lease agreement. Due to non-payment of rent, the lessor must specify in the payment order to be sent to the debtor by the enforcement office, through enforcement proceedings, the period within which the rental debt must be paid. The payment order must be prepared in accordance with the law by the enforcement office. If the payment order is not prepared and sent in accordance with the law, it may be necessary to send the payment order again from the enforcement office. Enforcement proceedings cannot be initiated for rent paid as a deposit. The tenant causing damage to the leased premises by chopping wood inside, or placing gas canisters in front of the shop in a way that endangers people's health, constitutes a violation of their obligations under the lease agreement, and the lessor is not obligated to send a warning. Heavy insults and swearing by the tenant toward the lessor are considered grounds for eviction by the Court of Cassation. If an objection is not made to the enforcement proceedings initiated against a tenant who does not pay their rental debt, the payment defense they will raise in the eviction lawsuit filed in the enforcement court can only be made with the rent payment receipts presented. According to the Court of Cassation, renovations that can be restored to their former state are not considered misuse. However, if the purpose for which the leased premises will be used is clearly written in the agreement, use by the tenant contrary to the agreement is a reason for breach. If the warning sent by the lessor regarding the non-renewal of the lease two months before its expiration is sent after the deadline, it is accepted that the lease agreement is deemed renewed. If the tenant fails to pay the monthly rent, the rental debts for other months will also become due. If the tenant does not pay the rent in the manner specified in the lease agreement, the lessor has the right to demand the collection of the rent by initiating enforcement proceedings with a request for unpaid rent. Furthermore, if the enforcement proceedings initiated with a request for eviction are not paid, eviction procedures commence within 30 days. If the tenant does not object to the payment order, which includes a request for the collection of unpaid rent, within 7 days from the date of notification, the enforcement proceedings become final. If the tenant keeps tools and equipment in the leased property that could cause a fire and fails to intervene to extinguish it if a fire breaks out, it is considered misuse. If the tenant does not use the leased property with the care required by the lease agreement, the lessor has certain rights. The lessor can demand the rectification of the breach of the lease agreement, and if it is not rectified, demand the termination of the lease agreement by sending a formal warning through a notary. In residential and roofed workplace leases, the lessor is obligated to grant a period of at least thirty days. Furthermore, in residential and roofed workplace leases, if the tenant intentionally and willfully damages the leased property, the lessor is not required to grant a period. If the tenant acts contrary to the obligations in the lease agreement such that the situation becomes unbearable for neighbors living in the same building, the lessor has the right to terminate the agreement by providing written notice. The tenant is obligated to pay the cleaning and maintenance expenses for the leased property. Furthermore, the tenant has the obligation to notify the lessor of defects in the leased property. The tenant is responsible for damages that arise if they fail to notify the lessor of defects that they are not responsible for remedying. In the event that the tenant does not pay the caretaker's fee, the termination of the lease agreement is not possible. This matter is not one of the essential elements of the lease agreement. The tenant is obligated to allow the lessor or a third party designated by the lessor to visit and view the property to the extent necessary for maintenance, sale, or future leasing. The lessor is obligated to notify the tenant of the date the property will be visited and to consider the tenant's overriding interests. If the rent is above average, the tenant may request a reduction through a lawsuit. In the case of a breach of the lease agreement, the right to send a warning and subsequently file a lawsuit belongs only and exclusively to the lessor who signed the agreement. Persons who are not parties to the agreement do not have the right to file a lawsuit. If the tenant is running gambling in the leased premises, this is considered misuse of the leased property, and there is a right to file an eviction lawsuit without the need for a warning.

Making Renovations and Changes to the Leased Property

The lessor has the right to make renovations and changes to the leased property that do not require the termination of the lease agreement and that the tenant can be expected to tolerate. If renovations and changes are made to the leased property, the lessor must consider the interests of the tenant. The lessor is obligated to cover damages that may arise in the leased property. Furthermore, the tenant has the right to demand a reduction in the rent from the condition specified in the lease agreement and compensation for their damages due to the renovations and changes. The tenant does not have the right to make changes to the leased property by acting contrary to the lease agreement unless they obtain the lessor's written consent. However, they may make changes or renovations to the leased property by obtaining the lessor's written consent. This consent must be obtained in writing for evidentiary purposes. A lessor who permits renovations and changes can no longer ask the tenant to restore the leased property to its former state. However, if the renovations and changes in the leased property have not been agreed upon in writing, the lessor's request for restoration to the former state is valid. Removing a wall between two sections in the leased property without permission constitutes a breach of the lease agreement. If the tenant incurs expenses for useful improvements in the leased property without obtaining the lessor's written consent, they cannot deduct the cost of these expenses from the rent. The tenant only has the right to demand from the lessor the necessary and useful expenses incurred in the leased property. In residential and roofed workplace leases, the tenant cannot sublease or transfer the leased property to another person without obtaining the lessor's written consent. If the subleasing matter is accepted by the tenant and the lessor in the lease agreement, the tenant is responsible to the lessor. In such a case of subleasing, the lessor can exercise the rights they have against their tenant also against the subtenant or the person who has taken over the right of use. A transfer of the rental relationship is not possible without the written consent of the lessor. In workplace leases, the lessor cannot avoid giving permission for the transfer of the agreement without a justifiable reason. The person to whom the rental relationship is transferred automatically with the lessor's written consent takes the place of the tenant in the lease agreement. In such a situation, the original tenant who transferred the lease is freed from their obligations arising from the lease agreement toward the lessor. In workplace leases, the transferring tenant remains jointly and severally liable with the transferee until the end date of the lease agreement for a maximum period of 2 years. However, it has been stipulated that this provision will not be applied to merchants and private and public law legal entities for a period of 8 years starting from 01.07.2012.

Legal Avenues to Follow in Case the Leased Property Is Not Used

The tenant is obligated to keep the leased property available for use and to pay the monthly rent specified in the lease agreement. In the event of limited use of the leased property, the tenant has the right to request a reduction in the rent. Expenses that the lessor refuses to incur are deducted from the rent. If the property leased as a workplace is kept closed by the tenant, it will decrease the value of the leased property, thus constituting a breach of the lease agreement. It is required that the breach of the lease agreement be explicitly related to the use of the leased property. Furthermore, the leased property can be returned to the lessor before the expiration of the lease agreement. If the tenant delivers the leased property without adhering to the contract term or the termination period, they must pay their debts arising from the lease agreement for a reasonably acceptable period, such as 3 months, during which the lessor can rent the property under similar conditions. If, before the expiration of this period, the tenant finds a new tenant who has the financial capacity to be expected to be accepted by the lessor and who is ready to take over the rental relationship, the tenant's debts arising from the lease agreement are extinguished. There are amounts that the lessor is obligated to deduct from the rent. The lessor must deduct from the rent the expenses they refuse to incur, as well as the benefits they have obtained or intentionally avoided obtaining by using the leased property in another way. However, this provision will not be applied to merchants and private and public law legal entities for a period of 8 years starting from 01.07.2012. Waiving the right to set-off is not possible. The tenant and the lessor cannot waive their right to set off their claims arising from the lease agreement before they arise. A lawsuit regarding the termination of the lease agreement due to the leased property becoming unusable can be filed in the Peace Civil Court. In this lawsuit, the tenant is the plaintiff and the lessor is the defendant. The plaintiff tenant requests the termination of the lease agreement on the grounds that they cannot use the leased property due to the lessor failing to fulfill their obligations, making the continuation of the tenancy impossible. The most important evidence in this lawsuit includes the lease agreement, the formal warning, the evidence determination file, the discovery, and the expert examination.

Furthermore, the tenant has the right to request the termination of the lease agreement and the refund of the amount paid through a notary public. For instance, in the event that the leased property becomes unusable, the tenant has the right to request the termination of the lease agreement and the repayment of the amounts paid within a reasonable time, or otherwise, to apply to the court to demand the termination of the lease agreement and the refund of the payments made. Additionally, if the leased property is not delivered to the tenant in a usable condition, the tenant has the right to serve a notice to the lessor via a notary public.

The tenant must state that the leased property was not delivered by the lessor in a usable condition, that the property is unusable, and furthermore, that it is not suitable for use in terms of health. The lessor is obliged to resolve the issues mentioned in the notice within a reasonable time; otherwise, the lease agreement is terminated due to the lessor's faulty behavior. Additionally, if the termination of the lease agreement is not sought and only compensation is demanded, this situation must be clearly stated in the notice.

What are the Legal Consequences of the Termination of a Lease Agreement?

If a time limit is stipulated in written or oral lease agreements, the agreement ends automatically at the end of that period. If the parties continue the lease agreement without an explicit new agreement after the expiration of the term, the lease agreement continues as an indefinite-term contract. In the event that the lease agreement completes 10 years, the lessor has the right to terminate the lease agreement by providing a termination notice in accordance with the general provisions of the Law of Obligations.

In general, for indefinite-term lease agreements, the parties may terminate the agreement by complying with the legal termination periods and notice periods. The start date of the lease agreement is taken as the basis for calculating the termination periods. If the termination is carried out without complying with the termination periods or notice periods specified in the lease agreement or the law, the notice becomes effective for the next termination period. Both the tenant and the lessor have the right to terminate the lease agreement by complying with a 3-month notice period for the end of the lease term, based on the general rules of the lease agreement, or in the absence of such a rule, for the end of a 6-month lease term.

In movable property leases, the tenant and the lessor have the right to terminate the agreement by providing a 3-day notice. If the lessor has leased a movable property for professional purposes and the tenant uses it for private purposes, the lease agreement may be terminated by a notice of at least one month for the end of a 3-month lease term. In cases where the right of termination can be exercised, the lessor or the tenant may terminate the lease agreement according to general provisions. However, in residential and roofed workplace leases, the termination of the lease agreement must be made in writing.

There is no obligation for the termination notice to be made in an official form, and only a written form is required. If the lessor fails to deliver the leased property to the tenant in accordance with the lease agreement, the tenant has the right to request the termination of the lease agreement by filing a lawsuit with the Civil Court of Peace. In this lawsuit, the tenant may present as evidence; the lease agreement, photographs and documents showing that the leased property was not delivered in a suitable condition, witnesses, expert discovery, and the formal notice.

Additionally, if the tenant has suffered financial losses since the establishment of the lease agreement, they also have the right to claim these financial damages in the lawsuit.

What is extraordinary termination of lease agreements?

The termination of a lease agreement depends on the occurrence of certain conditions. However, it is possible to terminate the lease agreement in the presence of important reasons. Both the lessor and the tenant have the right to terminate the lease agreement at any time within the legal termination notice period in the presence of important reasons that make the continuation of the rental relationship unbearable for them. However, as of 01.07.2021, this provision shall not apply to private and public legal entities and merchants for a period of 8 years.

In the event of the tenant's death, their heirs have the right to terminate the agreement by complying with the legal termination notice periods. Furthermore, if the leased property is not used in accordance with its purpose, there is an opportunity to terminate the lease agreement considering the purpose of the lease. For example, if the lessor leases a property that does not allow the establishment of a fuel and gas station, the lease agreement can be terminated from the date this situation is learned. If the tenant goes bankrupt after the lease agreement, the lessor has the right to demand security for future rent payments. In the event of the tenant's bankruptcy, all creditors must register with the bankruptcy office and take their place in line. If the tenant does not provide security to the lessor, the lessor has the right to terminate the lease agreement immediately. In this case, compliance with the termination notice periods is not required for the termination of the lease agreement.

The lessor may first warn the tenant via a notary public to restore the leased property to its original state and deliver it to them. If the tenant goes bankrupt and does not show any security, the lessor has the possibility to file an eviction lawsuit due to bankruptcy with the Civil Court of Peace. Another type of lawsuit is the eviction lawsuit that the lessor may file with the Civil Court of Peace due to conduct contrary to the agreement, resulting from the tenant using the property in a way that is not compliant with the agreement.

What is the lessor's right of lien?

The issue of what the lessor's right of lien covers in immovable property leases is of great importance. The lessor's right of lien in real estate leases pertains to the movables found on the leased property that are used for the furnishing or operation of the leased property, as security for the past one year's rent and the current six months' rent.

The lessor's right of lien also affects the subtenant. In other words, the subtenant's movables of the same nature brought into the leased property by the subtenant are also covered by the lessor's right of lien, not exceeding the subtenant's rent debt to the principal tenant. The lessor's right of lien cannot be exercised on goods of the tenant that are not subject to seizure. The rights of third parties over goods that they have notified the lessor are not the tenant's, or which the lessor should have known, as well as goods that have been stolen, lost, or otherwise left the owner's possession against their will, take precedence over the lessor's right of lien. There is no right of lien for the lessor over goods brought into the leased property by the tenant. If the tenant wishes to move the real estate or movables in the leased property to another place, the lessor has the right to apply to the Civil Court of Peace and, with the decision obtained, seize the movables in an amount that will secure their claim.

Additionally, the lessor has the right to request the enforcement officer to seize the goods in the leased property by initiating enforcement proceedings, provided there is no objection within the legal period. If the goods are secretly or forcibly removed despite the retention order, legal proceedings for compulsory enforcement must be initiated within ten days from the day the goods were removed. Additionally, the return of the goods can be ensured by applying to law enforcement.

In accordance with the decision of the 13th Civil Chamber of the Court of Cassation, dated 23.06.2008, numbered 8105 E. 8757 K., "The defendant argued in the petition for answer and in the statements during the trial stage that the movable property subject to the lawsuit remained with them as security due to the plaintiff's rent debt and that they had the right of lien. It should be stated immediately that, pursuant to Article 267 of the Turkish Code of Obligations, the lessor has the right of lien on movable goods due to the rent debt. Given that the defendant's rent receivable from the plaintiff is established by the aforementioned court decision, it must be accepted that the defendant can exercise their right of lien arising from the law," the limits of the right of lien were determined.

Residential and roofed workplace leases

The provisions regarding residential and roofed workplace leases also apply to goods left to the tenant for use along with these properties. However, these provisions do not apply to properties allocated for temporary use that are rented for six months or less. The rules pertaining to residential and roofed workplace leases apply exactly to all lease agreements made by public institutions and organizations, regardless of the procedures and principles they follow. In residential and roofed workplace leases, if the establishment or continuation of the lease agreement is made conditional upon the tenant assuming a debt that has no direct relationship with the use of the leased property and is of no benefit to the tenant, the contract related to the lease becomes invalid.

However, this provision will not apply to merchants and private, public legal entities for 8 years from 01.07.2012. In residential and roofed workplace leases, if it is not otherwise stipulated in the lease agreement or if there is no local custom to the contrary, there is an obligation to bear usage expenses such as heating, lighting, and water. The party bearing the expenses is obliged to provide a copy of the documents proving these expenses to the other party upon request. In residential and roofed workplace leases, if the obligation to provide security is imposed on the tenant by the lease agreement, this security shall not exceed 3 months of rent payment. However, this provision will not apply to merchants, private and public legal entities for 8 years from 01.07.2012. It is decided that money or valuable documents be given as security.

If it is decided that money or valuable documents be given as security in the lease agreement, the tenant shall deposit the money into a time-deposit savings account to be opened at a bank, to be withdrawn only with the approval of the lessor. When a valuable document is accepted as security, the tenant must deposit the valuable document in a bank. However, this provision will not apply to merchants and private, public legal entities for 8 years from 01.07.2012. The bank can only return the security deposited in the bank with the consent of both parties, i.e., the tenant and the lessor. However, this provision will not apply to merchants and private, public legal entities for 8 years from 01.07.2012. If enforcement proceedings have been initiated and the proceedings have become final, or upon the presentation of a final court decision, the bank can return the deposited security. If the lessor does not want the security to be given to the tenant upon the expiration of the lease agreement, there are certain procedures that must be followed.

The lessor is obliged to notify the bank where the security is deposited in writing within 3 months from the expiration of the lease agreement that they have filed a lawsuit regarding the lease agreement against the tenant or initiated enforcement or bankruptcy proceedings. If the lessor has not notified the bank, the bank is now under the obligation to return the security to the tenant. The lessor must make a written notification to the bank within 3 months from the date of the expiration of the lease agreement. The responsibilities of the bank will arise following the notification made by the lessor to the bank. Namely; when this notification is made by the lessor to the bank where the security is deposited, starting from the day of the expiration of the lease agreement, the security cannot be returned to the tenant until the end of the enforcement proceedings or the lawsuit.

Rent payment and annotation of the lease agreement to the land registry

The issue of annotating lease agreements made by the tenant and the lessor to the land registry is of great importance. In lease agreements annotated to the land registry, subsequent owners are obliged to allow the tenant to benefit from the leased property within the scope of the rental contract. It should be regulated in the lease agreement that it will be annotated to the land registry by explicitly including a provision. In accordance with the decision of the 14th Civil Chamber of the Court of Cassation, dated 10.07.2021; "The parties may decide by contract to annotate the contracts regarding the real estate to the land registry. The purpose of this transaction is to make the legal situation to which it relates assertable against third parties and to provide publicity to the legal situation. The annotation of the immovable lease agreement to the land registry grants the tenant the authority to assert the right subject to the contract against those who subsequently become owners," the importance of the issue of annotation to the land registry was clearly stated.

The rent is the payment that the tenant is obliged to pay to the lessor in exchange for leasing the leased property. The rent must be clearly stated in the lease agreement. Except for the determination of the rent in the lease agreement, no changes can be made regarding the tenant. Additionally, it is possible for the rent to be paid as 6-monthly or 1-yearly in the lease agreement. The issue of paying the rent in a foreign currency must be explicitly written in the lease agreements. If it is written in the lease agreements that monthly rent payments will be paid in advance, a three-day grace period must be granted to the tenant. If rent payments are not made within the period determined in the lease agreements, a delay penalty becomes valid. The provision that a 10% delay penalty will be applied for each month that rent payments are delayed will be binding on the tenant.

The tenant cannot terminate the lease agreement without the explicit consent of their spouse for the property rented to be used as a family residence. If the tenant's spouse does not explicitly permit the termination of the lease agreement, the tenant has the right to apply to the court to request a decision. The spouse who is not aware of the lease agreement has the right to become a party to the lease agreement by applying to the lessor and making a written notification. The lessor is obliged to notify the tenant and the spouse separately by sending separate notices for the termination notification.

The lessor has the right to terminate the lease agreement in case of necessity for substantial repair, expansion, or modification for the reconstruction or zoning of the leased property. For this, the tenant must vacate the leased property. It must be impossible to use the leased property during the substantial repair, expansion, or modification. In a fixed-term lease agreement, to file an eviction lawsuit due to necessity or substantial repair, the lawsuit must be filed within 1 month starting from the end of the lease period. Eviction lawsuits to be filed due to reconstruction and zoning are subject to time limits. Eviction lawsuits not filed within 1 month from the expiration of the lease period are not accepted.

The issue of whether a new owner who purchases the leased property can terminate the lease agreement due to their needs is very important. The person terminating the lease; if there is a necessity to use the property for themselves, their descendants and ascendants, or other persons they are obliged to look after by law for housing or workplace needs, they have the right to terminate the lease agreement with a lawsuit to be filed 6 months later, provided that they notify the tenant in writing of the situation within 1 month from the date of acquiring the leased property.

Termination of lease agreement due to eviction undertaking

If the tenant has made an eviction undertaking after the lease agreement, they must definitely comply with this undertaking. If the tenant, despite having undertaken in writing in the eviction contract to vacate the leased property on a certain date to the lessor after the delivery of the leased property, has not vacated, the lessor may terminate the lease agreement by initiating enforcement proceedings or by filing a lawsuit within 1 month from the date of the eviction undertaking. The eviction undertaking to be made with the tenant must definitely be done in writing. An oral eviction undertaking is not accepted as valid. Eviction of the leased property becomes possible with the eviction undertaking. An eviction undertaking obtained from the tenant through intimidation is not accepted as valid.

When the tenant states in their objection that the eviction undertaking was obtained under intimidation and pressure and does not reflect their true will, the eviction undertaking is considered invalid. There are some rules in the eviction lawsuit to be filed due to the eviction undertaking. The primary rule in the eviction lawsuit to be filed with an eviction undertaking is that the eviction undertaking must have been given by the tenant with their free will while sitting in the leased property. The eviction lawsuit to be filed due to an eviction undertaking can only be filed by the lessor. An owner who is not in the position of lessor does not have the right to file a lawsuit. While it is not possible to object to an eviction undertaking made officially through a notary public, it is possible to object if an ordinary eviction undertaking does not carry the necessary conditions. The eviction undertaking given by the bequeather as a tenant also covers the heirs. According to the decisions of the Court of Cassation, the regulation of the eviction undertaking in the lease agreement is not accepted as valid. It must be given in writing at the time the tenant starts living in the leased property.

In case of non-compliance with the eviction undertaking, a lawsuit must be filed by the lessor in the Civil Court of Peace. In this lawsuit, it can be requested from the Civil Court of Peace that the lease agreement be terminated and the leased property be vacated, on the grounds that the tenant made an eviction undertaking and did not vacate the leased property on the promised date, that a notice was sent to the tenant via a notary public to comply with the eviction undertaking, but there was no progress on this matter either.

Termination of lease agreement due to two justified notices

In lease agreements of less than one year, the lessor has the right to send two justified notices to the tenant for the payment of rent due to the tenant's failure to pay the rent within the lease period. If the procedures to be carried out regarding a tenant who causes two justified notices in lease agreements of one year or longer differ. In lease agreements of one year or longer, the lessor has the right to request the termination of the lease agreement by applying to the court within one month from the end of the first year of the lease period, against a tenant who has caused them to send two justified written notices for failing to pay the rent within one lease year or a period exceeding one lease year.

If there is an acceleration clause in the lease agreement, demanding the rent that has become due with more than one notice while it should have been demanded with a single notice does not require the acceptance that two justified notices have been made. If a notice is sent via a notary public by the lessor due to the non-payment of rent, rent payments made do not constitute an obstacle to the formation of two justified notices. Two justified notices do not occur in contracts of less than one year. Furthermore, two justified notices do not occur in indefinite-term lease agreements, in cases where rent is required to be paid annually, and in contracts of less than one year. If the tenant does not pay the rent within the time period, the lessor has the right to file a lawsuit in the Civil Court of Peace.

The lessor may request from the judge of the Civil Court of Peace that an eviction decision be rendered due to the non-payment of rent despite two justified notices. In this lawsuit, the lessor can add the notices, lease agreements, and land registry records to the annex of the petition. The lessor and the tenant also have the right to add a provision to the lease agreement stating that the rent for the remaining months will become due in case of non-payment of rent.

Termination of the lease agreement due to the tenant or their spouse owning a residence

If the tenant or their cohabitating spouse owns a residence suitable for habitation within the borders of the same district or town, the lessor has the right to file a lawsuit requesting the termination of the lease agreement. The lessor must file this lawsuit in the Civil Court of Peace within one month from the expiration of the lease agreement.

It is required that the lessor does not know, at the time of the establishment of the lease agreement, that the tenant or their cohabitating spouse owns a residence suitable for habitation within the borders of the same district or town. Not knowing this fact is considered an essential element for the filing of the lawsuit. If the lessor notifies the tenant in advance that they will file a lawsuit, the period for filing the lawsuit will be extended. Specifically, if the lessor notifies the tenant in writing at the latest within the one-month period stipulated for filing the lawsuit that they will do so, the period for filing the lawsuit is deemed extended for one lease year.

Furthermore, the lessor has the right to file a lawsuit until the end of the lease year. The provisions regarding the termination of the lease agreement through litigation cannot be changed to the detriment of the tenant. The lessor must first send a notice through a notary public to the tenant, requesting the evacuation of the leased property on the grounds that they or their spouse own a deeded property in the same region.

If the tenant does not evacuate the leased property despite this notice, the lessor has the right to file an eviction lawsuit. Upon learning that the tenant owns a property in the same region, the lessor may present the title deed record, lease agreement, notice, witness testimonies, and expert examination as evidence in the eviction lawsuit filed.

Situation of re-leasing the property

If the lessor requests the tenant to evacuate the property for the purpose of their own need, they cannot lease the property to anyone other than the former tenant for three years, unless there is a valid reason.

If the leased property is evacuated for the purpose of reconstruction or zoning, it is regulated that the lessor cannot lease the property to anyone other than the former tenant for three years without a valid reason in its former state. The former tenant has the right of priority in leasing the property, which has been reconstructed or zoned, with its new status and new rental price. There are certain conditions for the tenant to exercise their right of priority. The tenant has the right to exercise their right of priority within one month following the written notification to be made by the lessor to the tenant.

Unless the tenant's right of priority expires, the property cannot be leased to another tenant for three years. If the lessor prevents the tenant from exercising their right of priority, the issue of paying compensation to the tenant arises. If the lessor acts contrary to the provisions regarding the tenant's right of priority, they are liable to pay compensation to their former tenant of no less than one year's rent paid in the last lease year.

If the tenant does not exercise their right of priority within one month from the date of service of the written notification by the lessor, the lessor may lease the property to another tenant.

What does tenant default mean?

Another subject most frequently encountered in lease law is the case of tenant default. If the rent specified in the lease agreement is not paid, despite the lessor's thirty-day notice, failure to pay or payment after the thirty-day period has passed is called tenant default. There are certain rules that must necessarily be written in the default notice by the lessor. It is mandatory to specify the thirty-day payment period in the default notice. If a default notice is sent without stating this fact, the opinions accepted by the Court of Cassation are that the notice is invalid. Lease agreements constitute the basis for the resolution of disputes regarding rent. In order to file a lawsuit due to default, the conditions of the default notice must first be met, and no result must have been obtained as a result of this notice. The lessor must wait for the thirty-day payment period to apply to the enforcement court due to default. The rules for the court to decide on the eviction of the property against the tenant due to default are as follows;

For an eviction decision to be rendered due to default, the requested rent must have become due, the rent must not have been paid within the thirty-day period, and it must be clearly stated in the notice that the lease agreement will be terminated if the rent is not paid within the legal period granted in the notice. The realization of all these conditions will ensure that the lawsuit to be filed due to default will yield results. The tenant is responsible for unpaid rent until the moment the keys to the property are delivered to the lessor. Following the filing of the lawsuit, the conclusion of an installment protocol regarding the payment of the rent between the tenant and the lessor does not save the tenant from default. In this case, the court decides to accept the eviction lawsuit. The lessor must specifically state in the notice to be sent to the tenant that the rent must be paid to them or to the bank account whose details are written within thirty days, and that if the rent is not paid within the given period, a notice that the lease agreement will be terminated and an eviction lawsuit will be filed. If the thirty-day payment period is not written in the notice, the validity of the notice cannot be mentioned. The day the notice is served to the tenant is not included in the calculation of the period. In the event of the tenant's death, the default notice must be served to all heirs of the tenant. If the rent is not paid, the tenant falls into default. Furthermore, it must be clearly written in the default notice that the lease agreement will be terminated if the rent is not paid within the specified period. Unless it is clearly written in the lease agreement that the rent will be paid via bank transfer, it is not considered a legal method of rent payment. Failure to pay the doorman's fee for the leased property does not constitute the basis for default. The doorman's fee is in the nature of an ordinary receivable, and if it is not paid, default does not occur.

Termination of lease agreements through litigation

Articles 350 to 356 of the Turkish Code of Obligations regulate the conditions for the termination of a lease agreement through litigation. As will be clearly seen when the law articles are examined, the reasons for terminating a lease agreement through litigation are limited. Therefore, pursuant to Article 354 of the Turkish Code of Obligations, the provisions regarding the termination of the lease agreement through litigation cannot be changed to the detriment of the tenant, and new grounds for litigation cannot be developed. However, in the event that the extraordinary termination reasons stated in the general provisions section occur, lease agreements for residences and roofed workplaces can also be terminated. Moreover, the provisions regarding lawsuits related to the termination of residence and roofed workplace leases are provisions related to public order, and the parties cannot resort to arbitration on this matter. Only official state jurisdiction is authorized and competent in these lawsuits. As is known, the courts authorized for eviction lawsuits are the Civil Courts of Peace. As clearly stated in the law, eviction is only possible by filing a lawsuit.

Pursuant to Article 347 of the Turkish Code of Obligations;

Termination of the contract in residence and roofed workplace leases

I. By notification

1. In general

Article 347 - In residence and roofed workplace leases, unless the tenant gives notice at least fifteen days before the end of the term of fixed-term contracts, the contract is deemed extended for one year under the same conditions. The lessor cannot terminate the contract by relying on the end of the contract term. However, at the end of the ten-year extension period, the lessor may terminate the contract without showing any reason, provided that they give notice at least three months before the end of each extension year following this period.

In open-ended lease agreements, the tenant can terminate the contract at any time, and the lessor can terminate the contract with a notice of termination according to general provisions after ten years have passed since the beginning of the lease.

In cases where the right of termination according to general provisions can be exercised, the lessor or the tenant may terminate the contract.

It has been stipulated that residence and roofed workplace leases can only be terminated by notification and through litigation. In the event that the notification obligation is not fulfilled by the tenant and the lessor, the termination of the lease agreement cannot be mentioned. In Article 350 and the following articles of the Turkish Code of Obligations No. 6098, the termination of lease agreements due to reasons originating from the lessor and the tenant is regulated. Reasons originating from the tenant are regulated in three paragraphs. As clearly regulated in the law, the legal consequences of the termination of the lease agreement through litigation due to reasons originating from the tenant in residence and roofed workplace leases are explained.

Pursuant to Article 352 of the Turkish Code of Obligations;

It states that if the tenant provides a written eviction undertaking and does not vacate the property despite the undertaking provided, if the lessor terminates the lease agreement by making two valid notices within the same lease period due to the tenant not paying the rent on time, and if the lessor did not know at the time of the lease agreement that the tenant or the cohabitating spouse had a residence suitable for habitation within the boundaries of the same district or town municipality, they can terminate the lease agreement within one month from the end of the contract.

Article 352 - If the tenant has undertaken in writing to vacate the leased property on a certain date after the delivery of the leased property, but has not vacated it, the lessor may terminate the lease agreement by applying to enforcement or filing a lawsuit within one month from this date.

If the tenant has caused two valid notices to be sent to them in writing for not paying the rent during the lease term in lease agreements of less than one year; and within one lease year or a period exceeding one lease year in lease agreements of one year or longer, the lessor may terminate the lease agreement through litigation within one month from the end of the lease term and, in leases of longer than one year, from the end of the lease year in which the notices were sent.

If the tenant or their cohabitating spouse has a residence suitable for habitation within the boundaries of the same district or town municipality, the lessor may terminate the contract through litigation within one month from the end of the contract if they did not know this at the time the lease agreement was established.

Conditions for the termination of the lease agreement with an eviction undertaking

The Tenant Providing an Eviction Undertaking in Writing

In TCO Art. 352, it is regulated under the title of "Reasons originating from the tenant" as a reason to terminate the lease agreement in three paragraphs. According to this provision; in TCO Art. 352/I; "if the tenant has undertaken in writing to vacate the leased property on a certain date after the delivery of the leased property, but has not vacated it, the lessor may terminate the lease agreement by applying to enforcement or filing a lawsuit within one month from this date." As in the general part of the law, practices that have gained continuity are also included in this provision of the article.

In TCO Art. 352/1, the "eviction undertaking," which we frequently encounter in practice and is referred to as "written eviction undertaking" and expressed as "undertaking to vacate in writing" in the article, is the termination reason. For the lease agreement to be terminated with this provision, four conditions must have been met.

Condition of the Eviction Undertaking Being Made in Writing

In the case of termination of the lease agreement through litigation due to reasons originating from the tenant in residence and roofed workplace leases, in the regulation made pursuant to TCO Art. 351/1; for the tenant's undertaking to vacate the leased property to be considered valid, this undertaking must be made in writing. Making it in writing is a condition of validity. However, the parties can decide on the official form instead of the written form according to their preference, due to it being subject to more effective and stricter conditions. When it is decided to use the official form, it must be done through a notary. Making the undertaking in the official form through a notary prevents objections based on signature denial or reasons that impair the will that may be made later. However, the tenant must personally provide the eviction undertaking. Written eviction undertakings provided by the tenant's spouse, relatives, and children are not valid. However, the tenant's attorney may provide an eviction undertaking in the capacity of an attorney, provided that it is clearly written in the power of attorney. If there is more than one tenant, the eviction undertaking must be provided by all of them. The tenant's notification that they do not want the lease agreement to be extended pursuant to TCO Art. 347/1 also has the nature of undertaking to vacate and yields the same results as the TCO Art. 352/1 provision. Such an undertaking can also be included in the new lease agreement that the parties will make following the expiration of the first lease agreement.

Condition of a Date Being Set for the Eviction Undertaking

The eviction undertaking must contain the eviction date. In particular, this date must have been given after the delivery of the leased property. For this reason, an eviction undertaking given at the time the contract was made or before is not valid. The reason for this is that the tenant, who is in need of housing and a workplace, has given an eviction undertaking that does not stem from their free will under the pressure of the lessor. The essential element here is the display of a state of fear.

Condition of the Eviction Undertaking Being Provided by the Tenant

The undertaking to vacate the leased property must have been provided by the tenant. Since there is no right exclusively tied to the person, an eviction undertaking can be provided in the capacity of an attorney with a special power of attorney. If the lease agreement regarding the residence used as a family residence has been made with both spouses or if the spouse who is not the tenant has notified the lessor pursuant to the last provision of TCO Art. 194; since both of them are tenants, they must provide the eviction undertaking together. In the case of more than one tenant, since there is a mandatory joinder of parties among the tenants, the undertaking must be provided by all tenants.

Even if one of the spouses has rented the family residence and the other spouse has not notified the lessor, the eviction undertaking to be provided by the tenant spouse is invalid pursuant to the provision of TCO Art. 194/I. For the eviction undertaking to be provided by the tenant spouse to be valid, the consent of the other spouse must be present. If the other spouse refuses to give this consent without a valid reason, the tenant spouse must obtain a decision from the judge on this matter.

The eviction undertaking provided by the subtenant to the lessor does not require the eviction of the primary tenant. Based on the eviction undertaking provided by the primary tenant, only the termination of the primary tenant's lease agreement can be requested. Neither follow-up nor a lawsuit can be filed against the subtenant on this matter. However, since the expiration of the primary lease agreement will automatically terminate the contract between the tenant and the subtenant, the eviction undertaking provided by the primary tenant also directly affects the subtenant.

A valid eviction undertaking also binds the tenant's heirs. In the case of the transfer of the lease relationship, it is accepted that the eviction undertaking provided in connection with the contract will also bind the transferee. If this situation is hidden from the new tenant who takes over during the transfer of the lease agreement, the transferring tenant is responsible for paying compensation.

Condition of the Eviction Undertaking Being Provided After Taking Delivery of the Leased Property

The written undertaking regarding the evacuation of the leased property must have been provided by the tenant after taking delivery of the leased property. The tenant must vacate the leased property on the date they undertook. If they do not do so, the lessor must make an eviction request within one month from the date of the undertaking.

Rent determination lawsuit

The tenant has the right to file a rent determination lawsuit if they have a legal interest. The parties determine the annual increase amounts in lease agreements according to the Producer Price Index (PPI) - Consumer Price Index (CPI) rates. However, in cases where the rent prices formed in the surrounding area do not increase as much as the general price increases or a lowness is determined in rent prices, courts may decide not to make an increase according to the PPI-CPI rates. There are a number of criteria to be considered in determining rent prices. It is determined by preparing a report as a result of the examination to be conducted by the experts to be appointed by the court. With the submission of these expert reports to the court, it is aimed to rule on a reasonable rent price in accordance with the purposes the parties expect from the lease agreement by taking into account the rent prices. In accordance with the principle of equity, while conducting the examination, first of all, all evidence submitted to the court by the parties and precedent lease agreements should be taken into account, the leased property and party precedents should be seen and examined one by one through an expert, all qualities affecting the rent price should be compared, the rent price it would bring if it were re-leased should be determined, and a judgment should be established by the court based on this rent price. As a result of the contract to be made by the parties, the rent can be paid in foreign currency. In cases where there is no lease agreement, the authorized court is the Civil Court of First Instance. The parties have the right to determine the authorized court with the lease agreement. The tenant has the right to file a determination lawsuit with the request for the reduction of the rent. In a property with shared ownership, one of the shareholders has the right to request the determination of the rent. If the tenant and the lessor do not make an agreement between them regarding the rent, the rent is determined by the court. While determining the rent, the court makes a decision in line with equity, taking into account the situation of the property, provided that it does not exceed the increase rate in the producer price index of the previous lease year. If the rent is determined as foreign currency in the lease agreement, no changes can be made until five years have passed. Following the expiration of the period, the rent can be determined according to the situation of the property, taking into account the change in the value of the foreign currency. The right to rescind the contract arises in case of extreme difficulty in performance regulated in Article 138 of the Turkish Code of Obligations.

III. Extreme difficulty in performance

ARTICLE 138- If an extraordinary situation, which was not foreseen and not expected to be foreseen by the parties at the time the contract was made, arises due to a reason not originating from the debtor, and changes the facts existing at the time the contract was made to the detriment of the debtor to such an extent that asking for performance from them would be contrary to the rules of honesty, and if the debtor has not yet performed their debt or has performed it by reserving their rights arising from the extreme difficulty of performance, the debtor has the right to request from the judge the adaptation of the contract to the new conditions, and if this is not possible, the right to rescind the contract. In contracts with continuous performance, the debtor, as a rule, uses the right of termination instead of the right of rescission.

There is no specific statute of limitations prescribed for filing a lawsuit to determine the rent amount. The lawsuit can be filed at any time. The lawsuit must be filed no later than thirty days before the beginning of the new rental period. Before filing the lawsuit, a formal warning regarding the rent increase must be sent to the tenant to be served no later than thirty days before the start of the new rental period. In a rent determination lawsuit, the rent amount determined by the court at the end of the proceedings takes effect from the beginning of the new rental period. The rent determination lawsuit must be filed in the Civil Court of Peace. The competent Civil Court of Peace is the one located in the place where the leased property is situated. No provisions can be made in the lease agreement to the detriment of the tenant, nor can any payment obligations other than rent and auxiliary expenses be imposed.

Termination of lease agreements for residential and roofed workplaces

Turkish Code of Obligations No. 6098

F. Termination of contract for residential and roofed workplaces

I. By notification

1. In general

Article 347- In residential and roofed workplace leases, if the tenant does not provide a notice at least fifteen days before the end of a fixed-term contract, the contract is deemed extended for one year under the same conditions. The lessor cannot terminate the contract based on the expiration of the contract term. However, at the end of the ten-year extension period, the lessor may terminate the contract without showing any reason, provided that notice is given at least three months before the end of each extension year following this period. In indefinite-term lease agreements, the tenant may terminate the contract at any time, and the lessor may terminate the contract after ten years have passed since the start of the lease, by giving a notice of termination in accordance with general provisions. In cases where the right of termination can be exercised according to general provisions, the lessor or the tenant may terminate the contract.

In residential and roofed workplace leases, if the tenant does not provide notice at least fifteen days before the end of a fixed-term lease agreement, the contract is deemed extended for one year under the same conditions. The lessor cannot terminate the contract based on the expiration of the contract term. However, at the end of the ten-year period, the lessor may terminate the lease agreement without showing any reason, provided that notice is given at least three months before the end of each extension year following this period. Due to the ten-year extension of the lease, the lessor may terminate the lease agreement without showing any reason, provided that notice is given at least three months before the end of each extension year following the end of the term. In indefinite-term lease agreements, the tenant's termination of the lease agreement is not subject to a time limit. The tenant has the right to terminate the lease agreement at any time within the framework of general provisions. There are certain rules for the lessor to terminate the lease agreement in indefinite-term lease agreements. The lease agreement is terminated by giving a termination notice three months in advance for a six-month period and by filing a lawsuit at the end of the period. Legal entities, just like natural persons, can be parties to a lease agreement and can file an eviction lawsuit if the need arises. The person who prepared and signed the lease agreement in the capacity of an agent does not have the authority to file an eviction lawsuit. A rent receivable lawsuit to be filed with an eviction request is heard in the Civil Court of Peace.

Termination of lease agreements for residential and roofed workplaces

Turkish Code of Obligations No. 6098

F. Termination of contract for residential and roofed workplaces

I. By notification

1. In general

Article 347- In residential and roofed workplace leases, if the tenant does not provide a notice at least fifteen days before the end of a fixed-term contract, the contract is deemed extended for one year under the same conditions. The lessor cannot terminate the contract based on the expiration of the contract term. However, at the end of the ten-year extension period, the lessor may terminate the contract without showing any reason, provided that notice is given at least three months before the end of each extension year following this period. In indefinite-term lease agreements, the tenant may terminate the contract at any time, and the lessor may terminate the contract after ten years have passed since the start of the lease, by giving a notice of termination in accordance with general provisions. In cases where the right of termination can be exercised according to general provisions, the lessor or the tenant may terminate the contract.

In residential and roofed workplace leases, if the tenant does not provide notice at least fifteen days before the end of a fixed-term lease agreement, the contract is deemed extended for one year under the same conditions. The lessor cannot terminate the contract based on the expiration of the contract term. However, at the end of the ten-year period, the lessor may terminate the lease agreement without showing any reason, provided that notice is given at least three months before the end of each extension year following this period. Due to the ten-year extension of the lease, the lessor may terminate the lease agreement without showing any reason, provided that notice is given at least three months before the end of each extension year following the end of the term. In indefinite-term lease agreements, the tenant's termination of the lease agreement is not subject to a time limit. The tenant has the right to terminate the lease agreement at any time within the framework of general provisions. There are certain rules for the lessor to terminate the lease agreement in indefinite-term lease agreements. The lease agreement is terminated by giving a termination notice three months in advance for a six-month period and by filing a lawsuit at the end of the period. Legal entities, just like natural persons, can be parties to a lease agreement and can file an eviction lawsuit if the need arises. The person who prepared and signed the lease agreement in the capacity of an agent does not have the authority to file an eviction lawsuit. A rent receivable lawsuit to be filed with an eviction request is heard in the Civil Court of Peace.

Product lease and its legal consequences

In accordance with Article 357 of the Turkish Code of Obligations No. 6098;

Article 357- A product lease is a contract in which the lessor undertakes to leave the use of a product-yielding item or right and the collection of its products to the tenant in exchange for a price.

A share-cropping lease is a product lease where the rent is determined as a certain percentage of the products to be collected. If this rate is not determined by the contract, it is determined according to local custom.

The definition of a product lease is clearly made. In a product lease, the tenant has certain obligations. Specifically, the tenant is under the obligation to pay the rent and auxiliary expenses. The usage fee and auxiliary expenses determined in the lease agreement are considered the tenant's debt. Unless there is a contrary provision or local custom, the rent and auxiliary expenses must be paid by the tenant at the end of each rental year and at the latest by the end of the rental period. If the tenant does not pay the rent or auxiliary expenses that have become due since the delivery of the leased property, the lessor has the right to resort to certain legal procedures. In this case, the lessor may send a written warning to the tenant, granting at least a sixty-day period, and demand payment of the rent or auxiliary debt within this period. It must be stated in the written notification that the lease agreement will be terminated if the tenant does not make the payment within the given period.

The lessor has the right to demand the eviction of the tenant due to the expiration of the rental period. However, if the leased property has been leased through a tender within the scope of the State Tender Law No. 2886, upon the expiration of the lease agreement, the tenant will be evicted from the property as they will be in the position of an unjust occupier pursuant to the mentioned Article 75. An eviction lawsuit cannot be filed without requesting the removal of the objection in an enforcement proceeding with an eviction request for rent receivables. First, the court cannot accept the eviction request without the removal of the objection to the proceedings being requested.

The court authorized for the termination notification of a product lease agreement is the Civil Court of Peace. The written notification sent to the tenant does not necessarily have to be sent by a notary public. What is important is that this notification is made in writing. It is frequently observed in practice that written notifications sent through a notary public gain importance in terms of proof. In extraordinary situations, a tenant may be requested to make a notification regarding the rent amount. If the usual yield of an agricultural property decreases significantly due to extraordinary disasters or natural events, the tenant may request the lessor to reduce the rent proportionally. It is not possible to waive the right to request a rent reduction in advance. However, if the possibility of such situations occurring was taken into account during the stage of determining the rent amount or if the resulting damage was covered by insurance, the tenant can waive this right initially. The tenant has the right to use and operate the leased property for its intended purpose. The tenant is obliged to operate the leased property in a good manner and in accordance with the purpose for which it is designated, especially to keep it in a state suitable for yielding products.

The tenant does not have the right to change the procedure for operating the leased property. Without the lessor's permission, the tenant cannot change the operating method of the leased property in a way that will have an effect after the expiration of the rental period. The tenant also has a maintenance obligation. The scope of the maintenance obligation includes obligations such as minor repairs of the leased property and replacing low-value tools and equipment that are broken or lost due to use. The tenant cannot sub-lease the property without the lessor's permission. The termination notice period for an indefinite-term product lease agreement can be made by both the tenant and the lessor, provided that a notice of at least six months is observed. For product leases concerning agricultural properties, termination notices can be made for the spring or autumn seasons applied according to local custom. For product leases other than those concerning agricultural properties, termination notices can be made for any time.

Extraordinary termination reasons in product leases are regulated as follows: existence of important reasons that make the continuation of the tenancy unbearable, the tenant's bankruptcy, and the death of the tenant. For the financial consequences of an extraordinary termination notice, one may apply to the Civil Court of Peace to request a decision from the judge regarding the legal and financial consequences of the termination notice, taking into account the situation and conditions.