What is the Landlord's Right of Retention?
What Is the Lessor's Right of Lien?
The scope of the lessor's right of lien in real estate leases is of great importance. In real estate leases, the lessor's right of lien covers the movables located in the leased property that are used for its furnishing or use, as a security for the past one year's rent and the current six months' rent. The lessor's right of lien also affects subtenants. In other words, the same types of movables brought into the leased property by a subtenant are also covered by the lessor's right of lien, not to exceed the subtenant's rent debt to the original tenant. The lessor's right of lien cannot be exercised on property of the tenant that is exempt from attachment. The rights of third parties over goods that the lessor knew or should have known did not belong to the tenant, as well as goods that were stolen, lost, or otherwise taken from the owner without their consent, take precedence over the lessor's right of lien. The lessor does not have a right of lien over goods brought into the leased property by the tenant. If the tenant wishes to move the real estate or the movables located in the leased property to another location, the lessor has the right to apply to the Civil Court of Peace and obtain a decision to retain enough movables to secure their claim. Furthermore, the lessor has the right to request the enforcement officer to attach the movables in the leased property through enforcement proceedings, provided that no objection is filed within the legal period. If the goods are removed secretly or by force despite a retention order, it is necessary to resort to compulsory enforcement within ten days from the date the goods were removed. Additionally, the return of the goods can be secured by applying to law enforcement. In accordance with the decision of the 13th Civil Chamber of the Court of Cassation dated 23.06.2008, numbered 8105 E. 8757 K., which states, "The defendant argued in their response petition and statements during the trial that the movable goods in question remained with them as security due to the plaintiff's rent debt and that they had a right of lien. It should be stated immediately that, pursuant to Article 267 of the Turkish Code of Obligations, the lessor has a right of lien over movable property due to rent debt. Since it is established by the aforementioned court decision that the defendant has a rent receivable from the plaintiff, it must be accepted that the defendant can exercise their right of lien derived from the law," the limits of the right of lien have been settled.
Attorney Gizem GONCE