What Are the Legal Rules Applicable to the Return of the Leased Property?
What Are the Legal Rules Applicable to the Return of the Leased Property?
Under general rules, a tenant is obligated to return the leased movable or immovable property in the same condition as received, as specified in the lease agreement. However, the tenant is not liable for any deterioration or wear and tear resulting from use in accordance with the lease agreement. A declaration of acceptance by the tenant to pay compensation beforehand due to misuse of the lease agreement is not legally valid. The most important reason for this is that upon the termination of the lease agreement, only damages resulting from misuse can be demanded from the tenant. Making an agreement in advance for a debt that has not yet arisen is not considered appropriate. The delivery of the leased immovable property takes place by handing over the keys to the landlord. When receiving the leased property, the landlord has the right to identify any potential damages by conducting an inspection and demand compensation from the tenant. The landlord may identify deficiencies and defects caused by the tenant's misuse and demand their remedy by sending a formal notice through a notary, granting the tenant a reasonable period of time. If the landlord fails to notify the tenant of the deficiencies and defects in the leased property, the tenant is released from liability for the faulty behaviors they caused. The tenant's liability continues if the deficiencies and defects are determined as a result of an ordinary inspection during the handover of the leased movable or immovable property. The landlord is obliged to notify the tenant immediately upon identifying such deficiencies and defects. The landlord may apply to the civil court of peace to demand compensation for the financial damages incurred, claiming that the tenant, who received the property in full condition as per the lease agreement, returned it in a deficient or damaged state at the end of the term. The tenant must return the leased property in the same condition in which it was received. The tenant is not liable for deficiencies or changes resulting from normal use. If the leased immovable was painted or whitewashed by the tenant, there is no obligation to paint or whitewash it again upon delivery. Another important point is that when the landlord obtains an eviction order by filing a lawsuit in the civil court of peace on the grounds that they will use the property themselves, the tenant must comply with the consequences of the eviction order. However, if the landlord does not move into the property after the tenant has been evicted but instead leases it to another person, it is clear that they are acting in bad faith. In such a case, the former tenant has the opportunity to file a lawsuit for compensation against the landlord.
Attorney Gizem GONCE