What are the landlord's obligations under the lease agreement?
The primary obligation of the lessor is to deliver the leased property in a condition suitable for the use intended in the contract. A place leased as a residence is expected to have characteristics suitable for living, such as basic elements like a toilet, bathroom, and kitchen. The residence must be in a habitable condition. If a vehicle is leased, it must be fit for road use, in working order, have tires suitable for traffic, and have a functional braking system.
In delivering the leased property in a condition suitable for the use intended in the contract, one must first look at the intent of the parties and the provisions of the contract. If it has been determined in the contract how and for what purpose the leased property will be used, it must be delivered in accordance with this purpose. If the contract does not contain a provision regarding how the leased property is to be delivered, one must consider the specific circumstances of the case, the purpose of the contract, and the customary use of the leased property. The place and time of delivery may be agreed upon in the contract.
The lessor has the obligation to keep the leased property in a condition suitable for the intended use throughout the lease term. For example, if a building transitions to individual heating, the lessor must take the necessary action. Otherwise, the lessee has the right to terminate the lease agreement. Such conditions that emerge later in the leased property, which diminish or eliminate its usability, lead to the lessor's liability for defects. If the leased property becomes completely unusable for any reason, for example, if it is destroyed or damaged in an earthquake, the lessor is liable to the lessee in accordance with Article 112 and the following articles of the Turkish Code of Obligations if the lessor is at fault for this situation. The lessor is liable if the leased property is not delivered in a condition suitable for the intended use or if it is not maintained in that condition during the lease term.
As a characteristic applicable to all types of lease agreements, the lessor bears the mandatory insurance, tax, and similar obligations related to the leased property unless otherwise agreed or provided by law. However, this provision is not mandatory, and the parties may agree otherwise. For example, it may be agreed that the mandatory third-party liability insurance, earthquake insurance, or property tax shall be paid by the lessee.
The lessee is obligated to pay the operating expenses arising from the use of the leased property. Examples include expenses such as telephone, cleaning, fuel, and lighting costs. This matter is also not a mandatory provision and may be agreed upon otherwise by the parties in the contract.
The lessor is obligated to bear the ancillary expenses, whether incurred by themselves or by a third party, related to the use of the leased property. Examples of ancillary expenses include security, cleaning, lighting, elevator, and communal heating.