What are the Lessor's obligations?
What are the Lessor's Obligations?
The lessor has certain obligations towards the lessee. These are regulated separately in the law as follows.
The lessor's obligation to deliver; The lessor is under the obligation to deliver the leased property to the lessee on the day agreed upon in the lease agreement. The nature of the lessor's obligation to deliver is to deliver it in accordance with the form of use specified in the contract. Throughout the duration of the contract, the lessee is obliged to keep the leased property in the condition it was received. The obligation to deliver in accordance with the purpose of use cannot be altered. In residential and roofed workplace leases, the obligation to deliver in accordance with the purpose of use cannot be altered to the detriment of the lessee. Furthermore, unlawful arrangements cannot be made to the detriment of the lessee through general transaction terms. In lease agreements other than residential and roofed workplace leases, unlawful arrangements cannot be made to the detriment of the lessees.
Another obligation of the lessor is the obligation to bear taxes and similar charges. The lessor is obliged to bear the mandatory insurance, taxes, and similar charges related to the leased property. If the amounts specified in the lease contract of the leased property are not paid within the specified time, the lessor has the right to initiate enforcement proceedings and also to file a lawsuit for the collection of the unpaid rent. If the leased property is sold to another person, the lessee has the right to demand the fulfillment of the lease agreement or the payment of material compensation. If the lessee cannot use the leased real estate due to a third party, they have the right to demand compensation for the material damage incurred from the lessor. If the leased real estate is delivered late by the lessor, the lessor is responsible for paying compensation to the lessee. However, if the leased property is accepted by asserting a reservation, it is assumed that the right to compensation has been waived. The lessor is responsible for paying mandatory insurance, taxes, and similar charges related to the leased property. However, if a contrary provision is added to the lease agreement or if it is not otherwise specified in the law, the lessor is not obliged to fulfill tax obligations.
The lessor has an obligation to bear ancillary costs. The Turkish Code of Obligations regulates in detail what the lessor's obligation to bear ancillary costs entails. This obligation is the obligation to bear the ancillary costs incurred by the lessor themselves or by a third party, related to the use of the leased property. Ancillary costs include mandatory insurance related to the leased property, real estate tax, and common expenses for fixtures related to the leased property. In addition, the lessor has liability for defects in the leased property. If the leased property is delivered with defects, the lessor is obliged to remedy these defects. In cases where the leased property poses a serious danger to health, the lessee can terminate the lease agreement. The repair of radiators in the leased property is the responsibility of the lessor. If the lessor refuses to cover the costs of repairing the damage regarding the radiators, the lessee can have the radiators repaired and offset the cost from the rent. Registering the lease agreement in the land registry does not constitute a real right 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 real estate at the time of delivery. Specifically, if the leased property is delivered with significant defects, the lessee has the right to hold the lessor liable for defects that arise subsequently. Due to the leased property becoming defective later, the lessee has the right to request the following 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 real estate has a significant defect, the lessee has the right to terminate the lease agreement. The lessee's request for the compensation of damages does not prevent them from exercising their other optional rights. Along with requesting the compensation of damages, the remedying of the defects or a certain reduction in the rent can also be requested. The lessee may request the lessor to remedy the defect present in the leased property by giving a reasonable period of time. The lessee may request the remedying of the defect by sending a formal notice through a notary. If the defect is not remedied within the period granted by the lessee to the lessor, the lessee has the right to request that the defect be remedied by offsetting the cost from the rent. Furthermore, the lessee also has the right to request its replacement with a non-defective equivalent.
Attorney Gizem GONCE