Article 299 of the Turkish Code of Obligations defines the lease agreement as follows:
“A contract whereby the lessor undertakes to let the lessee use or benefit from a thing together with its use, and the lessee undertakes to pay the agreed rent in return.”
There are special provisions in the law regarding the termination of residential and covered workplace lease agreements.
In general, residential and covered workplace lease agreements can be terminated by notice, by legal action, or due to extraordinary reasons.
What are the cases of termination of the lease agreement by notice?
In residential and covered workplace lease agreements, if the tenant does not give notice at least 15 days before the expiry of a fixed-term lease, the contract is considered automatically extended for one year under the existing conditions (except for the rent amount). The lessor does not have the right to terminate the contract based solely on the expiration of the term. However, following the initial one-year period and the subsequent 10-year extension period, the lessor may terminate the lease by giving notice at least 3 months before the contract’s expiration date without the obligation to provide any reason. The notice regarding the exercise of this termination right must be made in writing.
If the lease is of indefinite duration, the tenant may terminate the contract at any time. However, the legislator has limited the lessor’s right to terminate by allowing termination notices only after 10 years have passed from the establishment of the lease agreement.
Additionally, the tenant is obligated to use the leased property in accordance with the purpose of the contract and with care. Likewise, the tenant must avoid behaviors that disturb neighbors or show disrespect. If the tenant violates these obligations, the lessor must provide a written warning allowing at least 30 days for the violation to be remedied; otherwise, the contract will be terminated. If the violation is not corrected within the given period, the lessor has the right to terminate the contract by notice.
What are the cases of termination of the lease agreement through legal action?
a) Termination Due to Necessity, Reconstruction, and Development
The lessor may terminate the lease agreement if:
1- The lessor needs to use the leased property as a residence or workplace for themselves, their spouse, descendants, ascendants, or other persons they are legally obliged to support;
2- The leased property requires substantial repair, expansion, or alteration for the purpose of reconstruction or development, and its use is impossible during these works;
In fixed-term contracts, the lessor may terminate the agreement by filing a lawsuit within one month following the end of the term.
In indefinite-term contracts, termination can be made by filing a lawsuit within one month starting from the date determined in accordance with the general provisions related to lease termination periods and the notice periods.
b) Termination Due to the New Owner’s Necessity
If the person who later acquires the leased property has a necessity to use it as a residence or workplace for themselves, their spouse, descendants, ascendants, or other persons they are legally obliged to support, they may terminate the lease by notifying the tenant in writing within one month from the date of acquisition and filing a lawsuit six months later.
Additionally, the new owner may also exercise the right to terminate the contract due to necessity by filing a lawsuit within one month from the expiration of the lease term.
c) Termination Due to Two Justified Warnings
Article 352/2 of the Turkish Code of Obligations No. 6098 states:
“If the tenant causes two justified written warnings to be made to them due to non-payment of rent during the lease term in lease agreements shorter than one year; or within one rental year or a period exceeding one rental year in lease agreements of one year or longer, the lessor may terminate the lease agreement by filing a lawsuit within one month starting from the end of the lease term or, in leases longer than one year, from the end of the rental year in which the warnings were made.”
The basis for termination through two justified warnings is the tenant’s default in paying the rent.
Although the warnings do not have to be consecutive, they must relate to the same rental period.
d) Termination Due to the Tenant Owning a Residence
If the tenant or their spouse living together has a suitable residence in the same district or town, and the lessor was unaware of this situation at the time of the contract formation, the lessor may terminate the lease by filing a lawsuit within one month from the expiration of the contract.
What Are the Grounds for Extraordinary Termination?
a) Termination Due to a Significant Reason
Either party may terminate the contract at any time by complying with the legal termination notice periods if there is a reason that makes the continuation of the lease relationship unbearable for them. The reason must be unforeseeable and intolerable. The party terminating the contract is liable to compensate the other party for damages resulting from the early termination.
Examples of such unbearable circumstances include the tenant assaulting the lessor, the tenant harassing the lessor, or the tenant being transferred to another city.
b) Termination Due to the Tenant’s Bankruptcy
If the tenant declares bankruptcy after the delivery of the leased property, the lessor has the right to demand security for the accrued rent payments. The lessor must grant the tenant a reasonable period to provide this security. If the tenant fails to provide any security within this period, the lessor may terminate the contract without being bound by any termination notice period.
Antalya Tenant Lawyer – Antalya Lease Law Attorney
Lease agreements are among the most commonly used types of contracts in daily life. The procedure to be followed in the termination of lease agreements is extremely important, as small mistakes can lead to significant losses of time and money. Therefore, obtaining legal assistance from a professional lawyer specializing in lease relations is highly necessary. Our law office provides you with professional support and follow-up services in the field of Lease Law.
