Residential and Roofed Workplace Rentals

Residential and Roofed Workplace Leases

The provisions regarding residential and roofed workplace leases also apply to items left for the tenant's use along with the property. However, these provisions do not apply to the leasing of immovable properties allocated for temporary use for a period of six months or less. The rules governing residential and roofed workplace leases apply equally to all lease agreements concluded by public institutions and organizations, regardless of the procedures and principles under which they are made. In residential and roofed workplace leases, if the establishment or continuation of the lease agreement is conditioned upon the tenant assuming an obligation that is not in their interest and is not directly related to the use of the leased property, such lease-related agreement shall be invalid. However, this provision shall not apply to merchants and legal entities under private or public law for a period of 8 years from 01.07.2012. In residential and roofed workplace leases, unless otherwise stipulated in the lease agreement or dictated by local custom, the obligation to bear utility expenses such as heating, lighting, and water lies with the tenant. The party bearing these expenses is required to provide copies of the supporting documents for these costs to the other party upon request. If the lease agreement imposes an obligation on the tenant to provide a security deposit in residential and roofed workplace leases, this deposit shall not exceed three months' rent. However, this provision shall not apply to merchants and legal entities under private or public law for a period of 8 years from 01.07.2012. It may be agreed that money or negotiable instruments be provided as security. If it is agreed in the lease agreement that money or negotiable instruments are to be provided as security, the tenant shall deposit the money into a savings account with interest to be opened at a bank, to be withdrawn only with the landlord's consent. When negotiable instruments are accepted as security, the tenant must deposit them at a bank. However, this provision shall not apply to merchants and legal entities under private or public law for a period of 8 years from 01.07.2012. The bank may return the deposited security only with the consent of both parties, i.e., the tenant and the landlord. However, this provision shall not apply to merchants and legal entities under private or public law for a period of 8 years from 01.07.2012. If enforcement proceedings have been initiated and finalized, or upon the presentation of a final court decision, the bank may return the deposited security. In the event that the lease agreement terminates and the landlord does not wish for the security to be returned to the tenant, there are certain procedures that must be followed. The landlord is obliged to notify the bank where the security is deposited in writing within 3 months from the termination of the lease agreement that they have initiated a lawsuit or enforcement or bankruptcy proceedings against the tenant in relation to the lease agreement. If the landlord fails to notify the bank, the bank is then obligated to return the security to the tenant. The landlord must provide written notification to the bank within 3 months from the date of the termination of the lease agreement. The bank's responsibilities will arise following the notification made by the landlord to the bank. Specifically, when this notification is provided by the landlord to the bank where the security is deposited starting from the date of termination of the lease agreement, the security cannot be returned to the tenant until the conclusion of the enforcement proceedings or the lawsuit.

Attorney Gizem GONCE