Legal Remedies to be Pursued in Case of Inability to Use the Leased Property

Legal Recourse in Case of Inability to Use the Leased Property

The tenant is obligated to maintain the leased property in a condition suitable 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 a property leased as a workplace is kept closed by the tenant, it constitutes a breach of the lease agreement as it diminishes the value of the leased property. It is required that the breach of the lease agreement be explicitly related to the use of the leased property. Furthermore, the leased property may be returned to the lessor before the expiration of the lease agreement. If the tenant surrenders the leased property without adhering to the contract term or notice period, they must continue to pay the obligations arising from the lease agreement for a reasonable period—for example, 3 months—during which the lessor could re-lease the property under similar conditions. If, before this period expires, the tenant finds a new tenant who has the financial capacity to be reasonably expected by the lessor and who is ready to take over the lease relationship, the tenant's obligations arising from the lease agreement terminate. There are costs 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 obtained or intentionally avoided obtaining by using the leased property in another manner. However, this provision shall not apply to merchants and legal entities under private and public law for a period of 8 years starting from 01.07.2002. Waiver of set-off is not possible. The tenant and the lessor cannot waive their right to set off claims arising from the lease agreement before they arise. In the event that the leased property becomes unusable, a lawsuit regarding the termination of the lease agreement can be filed in the Civil Court of Peace. In this case, the tenant is the plaintiff and the lessor is the defendant. The defendant tenant requests the termination of the lease agreement, stating that they are unable to use the leased property and that it has become impossible to act as a tenant due to the lessor's failure to fulfill their obligations regarding the leased property. The most important evidence in this lawsuit includes the lease agreement, a formal notice, an evidence determination file, an on-site inspection, and an expert report. Furthermore, the tenant has the right to request the termination of the lease agreement and the refund of the amounts paid through a notary public. For example, if the leased property becomes unusable, the tenant has the right to request the cancellation of the lease agreement and the repayment of the amounts paid within a reasonable time, and failing that, to request the termination of the lease agreement and the refund of the amounts paid by applying to the court. Additionally, due to the failure to deliver the leased property to the tenant in a usable condition, the tenant has the right to serve a formal notice to the lessor via a notary public. The tenant must state that the property they have rented has not been delivered in a condition suitable for use by the lessor, that the property is in an unusable condition, and that it is also not suitable for use from a health perspective. The lessor is obligated to rectify the issues specified in the formal notice within a reasonable time; otherwise, the lease agreement is terminated due to the lessor's faulty behavior. Furthermore, if the termination of the lease agreement is not desired and only compensation is sought, this must be explicitly stated in the formal notice.

Attorney Gizem GONCE