What Are the Rights of the Tenant According to the Lease Agreement?
The tenant has the right to demand the rectification of a defect, a reduction in the rent, the replacement of the leased property with a non-defective equivalent, the termination of the contract, and compensation for damages incurred.
When the tenant exercises the right to demand the rectification of a defect, the law requires the existence of two separate conditions. These are: the defect must be rectifiable, and a reasonable period must be granted for the rectification of the defect. The tenant is obligated to tolerate the rectification of the defect, to temporarily vacate the leased property if necessary, or to hand it over to the lessor for the purpose of rectifying the defect. If the lessor does not rectify the defect in question within a reasonable period, the tenant has the right to rectify the defect on behalf of and at the expense of the lessor. The law stipulates certain rules for the tenant to be able to exercise these rights. Primarily, the leased property must be defective, the obligation to rectify the defect must not belong to the tenant, a reasonable period must be given to the lessor to rectify the defect, and the defect must not have been rectified within this reasonable period. Furthermore, the tenant has the right to demand the reimbursement of the expenses incurred. Pursuant to Article 306/1 of the Turkish Code of Obligations, the tenant may deduct the expenses incurred from the rent.
Pursuant to Article 307 of the Turkish Code of Obligations, the tenant has the right to demand a reduction in the rent. This right is a formative right. It can be asserted independently against the lessor, or it can be asserted in conjunction with the right to demand the rectification of the defect. However, the law requires certain conditions in this case. The existence of defects affecting the use of the leased property is required. The lessor must be aware of these defects. The defect must not have arisen due to a reason originating from the tenant. In order for the tenant to be able to demand a reduction in the rent, the defect must be of a certain severity and must affect the use of the leased property. An expert examination is conducted to calculate the extent of this severity. The tenant may request a reduction in the rent from the moment the lessor is notified of the defect until the moment the defect is rectified.
In order to request the replacement of the leased property with a non-defective equivalent, whether or not the defect is significant is not decisive; however, this right cannot be exercised for defects that can be resolved through simple repair or cleaning. If the lessor fails to fulfill the obligation of delivery, they fall into default in accordance with the provisions of Article 117 of the Turkish Code of Obligations. The tenant may terminate the contract if the leased property has significant defects; however, the contract cannot be terminated for insignificant defects.
The lease contract does not terminate automatically; the tenant must make a declaration of termination at the end of the reasonable period. There is no need to grant a separate period to terminate the lease contract. The lessor’s fault regarding the leased property being defective or the failure to rectify the defect is a sufficient reason to claim compensation.