Is The Tenant Required To Repaint The House They Rented And Return It In That Condition?
Pursuant to Article 334 of the Turkish Code of Obligations No. 6098, titled “Return of the Leased Property,” the tenant is obligated to return the leased property in the same condition as it was received at the end of the lease agreement. However, the tenant is not liable for wear and tear or deterioration of the leased property resulting from normal use in accordance with the agreement. The text of the article is often misinterpreted to mean that the tenant is obligated to return the house, which was delivered painted, in a painted condition. Wear and tear resulting from normal use is inevitable. Therefore, paint wear resulting from the use of the leased property is also quite natural. Contrary to popular belief, as long as there is no abuse, the tenant is not obligated to repaint and return the property. Paragraph 2 of the article states that agreements whereby the tenant undertakes in advance to pay compensation other than for damages arising from use contrary to the contract upon termination of the contract are invalid. What should be understood from this is that contract clauses stipulating the contrary are invalid. Therefore, for example, contract provisions such as “it was delivered painted-it will be taken back painted” or “the cost of paint will be deducted from the deposit” are invalid under the second paragraph of Article 334 of the Turkish Code of Obligations. The situation will be different in the case of (contract-violating) abuse of the leased property. Article 335 of the Turkish Code of Obligations No. 6098, titled “Inspection of the leased property and notification to the tenant,” states that “…the lessor must inspect the condition of the leased property upon return and immediately notify the tenant in writing of any deficiencies and defects for which the tenant is responsible. If this notification is not made, the tenant is released from all liability. However, if there are deficiencies and defects that cannot be determined by normal inspection upon delivery, the tenant’s liability continues. When the lessor identifies such deficiencies and defects, they must immediately notify the lessee in writing.” As can be seen in the text of the article, no specific period is stipulated for written notification. This period will be determined according to the nature and extent of the leased property and its misuse.