Article 346 of the Turkish Code of Obligations No. 6098 titled “Prohibition of arrangements against the lessee” stipulates that the lessee may not be obliged to make any other payment other than the rent and ancillary expenses, and in particular, the agreements stipulating that a penalty condition will be paid in case of failure to pay the rent on time or that the subsequent rents will be due are invalid.
However, according to Article 53 of the Law No. 6353 amending the provisional Article 2 of the Law No. 6217; in the workplace leases where the lessee is the persons deemed as merchants in the Turkish Commercial Code and private law and public law legal entities, Articles 323, 325, 331, 340, 343, 344, 346 and 354 of the Turkish Code of Obligations No. 6098 shall not be applicable as of 1.7.2012. Articles 323, 325, 331, 340, 343, 343, 344, 346 and 354 of the Turkish Code of Obligations numbered 6098 shall not be applicable for 8 years as of 1.7.2012, and in this case, it is foreseen that the provisions of the lease agreement shall be applied in accordance with the freedom of contract regarding the issues specified in these articles in the lease agreements. To summarise, unless the lease agreement is concluded for a commercial enterprise, the penalty clause, the due date clause and the provisions that impose additional financial obligations on the lessee other than ancillary expenses (dues) are invalid.
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