COURT OF CASSATION RULING CONCERNING TENANTS AND LANDLORDS
A RULING FROM THE COURT OF CASSATION CONCERNING TENANTS AND LANDLORDS
This week, I would like to share with my valued readers a matter that is among the most frequently asked questions in lease law and serves as a precedent: the General Assembly of Civil Chambers of the Court of Cassation has ruled that a tenant remains liable for rent if they vacate a home or workplace but cannot document that they have returned the keys.
A tenant vacated the commercial property they were renting and removed their belongings but did not return the keys to the landlord. Subsequently, the property owner initiated an enforcement proceeding against the tenant with a request for eviction. The tenant had failed to pay rent for 11 months and, although they had removed all their belongings from the leased property, did not deliver the keys. Following this, the property owner initiated enforcement proceedings with an eviction request to collect the unpaid rent for the leased property.
Within the legal time limit, the tenant objected to the enforcement proceedings, stating that they had vacated the commercial property 11 months earlier in accordance with the contract and that there was no rent debt. Subsequently, the enforcement proceeding initiated by the property owner was stayed, and the process was moved to court.
Upon the tenant's objection, the General Assembly of Civil Chambers of the Court of Cassation issued a precedent-setting ruling. It stated that the tenant must document the delivery of the keys to the landlord after vacating the property, and that the tenant's objection to the enforcement proceedings was legally invalid because it was not made in the proper manner.
It was concluded that because the tenant could not prove the delivery of the keys, the eviction date declared by the creditor would be accepted.
Tenant rights can be defined as the rights held by the tenant, who is one of the parties to a lease agreement. We do not have a specific law such as a "Landlord-Tenant Act." Therefore, tenant rights must be evaluated according to the provisions of the Turkish Code of Obligations (TBK). Time limits are highly variable and significant in determining tenant rights.
The right to take delivery of the leased property from the lessor in accordance with the intended purpose, provided it was leased for that purpose.
The right to demand the elimination of conditions that hinder the tenant's use of the property throughout the duration of the lease agreement.
The right to terminate the contract or rescind it for just cause if the lessor fails to perform their obligations under the provisions of the TBK.
The right to claim damages arising if the leased property is delivered to the tenant late.
The right to demand reimbursement for auxiliary expenses incurred regarding the leased property, provided they relate to its use.
The right to demand the correction of defects.
Unless otherwise agreed, the right to demand that the lessor fulfill obligations such as mandatory insurance, taxes, etc.
Third parties may assert rights over the leased property. In this case, the tenant may demand that the lessor assume the defense and compensate for any damages incurred.
The right not to vacate the leased property as long as the contract continues, in the absence of just cause.
The right to transfer or sublease the property, provided there is written consent from the lessor.
The tenant cannot be burdened with payments other than the rent and auxiliary expenses.
Agreements providing for penalty clauses due to late rent payment or stipulating that subsequent rent installments will become due immediately are invalid.
The right to refuse rent increases exceeding 25%, as per the temporary legal provision extended as of July 1, 2023, in the absence of a court order.