Termination Of The Lease Agreement
Termination of the Lease Agreement due to reasons arising from the Lessor
The ability of the lessor to terminate the lease agreement is explained in Articles 350, 351 and 352 of the Turkish Code of Obligations, which regulates the “Grounds for Eviction”. As a matter of fact; the relevant issues are expressed as “Reasons for Termination of the Lease Agreement through Litigation” with the subheadings “For Reasons Arising from the Lessor” and “For Reasons Arising from the Lessee”.
TCO Art. 350- The lessor may terminate the lease agreement
a) Necessity, Reconstruction and Reconstruction
1- If there is an obligation to use the leased property for himself/herself, his/her spouse, his/her children, his/her descendants, his/her parents or other persons who are legally dependent on him/her due to the need for a residence or a workplace,
2- If it is necessary to repair, extend or change the leased property for the purpose of reconstruction or reconstruction and it is impossible to use the leased property during these works,
The lessor may terminate the lease agreement by filing a lawsuit within one month starting from the date to be determined by complying with the termination period and the periods stipulated for the notice of termination in accordance with the general provisions regarding the lease in indefinite term agreements.
If this provision of the law is observed, it can be understood that the lessor terminates the lease agreement;
If we consider under the upper heading of necessity;
1- Housing or Workplace Needs;
If the lessor is obliged to use the leased immovable property as a residence or workplace for himself, his spouse, his spouse, his descendants, his ascendants or other dependents, he will be able to terminate the lease agreement through litigation.
2- Reconstruction and Reconstruction
The second issue that requires the termination of the lease agreement in violation of Article 350, subparagraph 2 of the TCO is the impossibility of use during these works in cases where the leased immovable is required to be substantially repaired, expanded or modified for zoning purposes. As determined in the doctrine, the purpose of reconstruction is to save the leased property from ruin due to repairs and modifications or to make it more perfect and architecturally more aesthetic than it is (Erdoğan ibid. p 185). In order for the lease agreement to be terminated, the renovation, repair and change to be made must be for zoning purposes and the project must be approved, and it must not be possible to use the leased property in accordance with the contract during these works (Judg. 6th HD 30.10.2001 T. 2001/8062 E. 2001/8237 K.).
b) Requirement of the New Owner
Article 351 – If the person who subsequently acquires the leased property is obliged to use the leased property for himself, his spouse, his descendants, his ascendants or other persons who are legally dependent on him due to the need for a residence or a workplace, he may terminate the lease agreement with a lawsuit to be filed after six months, provided that he notifies the lessee in writing within one month starting from the date of acquisition.
The person who subsequently acquires the leased property may also exercise his right to terminate the lease agreement due to necessity by filing a lawsuit within one month starting from the expiry date of the lease agreement.
The first point to be considered in this article is that the new owner must notify the addressee that he needs the leased immovable within one month from the date of acquisition of the relevant residence or workplace in order to apply for eviction according to the provision of TCO 350/1, and that the relevant immovable must be returned to him within six months, otherwise he will apply for legal remedies at the end of the six-month period; that he will file a lawsuit.
Termination of the Lease Agreement due to reasons arising from the Lessee
The ability of the lessor to terminate the lease agreement is explained in Articles 350, 351 and 352 of the Turkish Code of Obligations, which regulates the “Grounds for Eviction”. As a matter of fact; the relevant issues are expressed as “Reasons for Termination of the Lease Agreement by Lawsuit” with the subheadings “For Reasons Arising from the Lessor” and “For Reasons Arising from the Lessee”. In this article, we will examine the termination of the lease agreement through litigation for reasons arising from the lessee.
Article 352 – If the lessee has undertaken in writing to vacate the leased premises on a certain date after the delivery of the leased premises, but has not vacated the leased premises, the lessor may terminate the lease agreement by applying for execution or filing a lawsuit within one month starting from this date.
If the lessee has caused two justified notices to be given to him in writing for not paying the rent within the lease period in lease agreements with a term of less than one year, or within one lease year or a period exceeding one lease year in lease agreements with a term of one year or more, the lessor may terminate the lease agreement by filing a lawsuit within one month starting from the end of the lease period and the lease year in which the notices were made in leases with a term of more than one year.
If the lessee or his/her spouse has a dwelling suitable for residence within the municipal boundaries of the same district or town, the lessor may terminate the lease agreement through a lawsuit within one month starting from the end of the lease agreement, if he/she did not know this at the time of the conclusion of the lease agreement.
Eviction Commitment;
The evacuation undertaken by the lessee regarding the evacuation of the leased immovable must be given after the leased immovable is received by the lessee. The eviction commitment must be in writing. Although there is no obligation in form, it is sufficient to be arranged by the parties in writing; the date of evacuation of the immovable must be specified in the commitment.
Two Rightful Notice
In order for the lessor to evict the lessee of the leased immovable property through a lawsuit on the grounds that the lessee does not fulfil the obligation to pay the rent, two justified notices must be given to the lessee in writing within a lease year.
The date of issuance and notification of the notices must be within the same lease year. The due rents cannot be divided and subject to two separate notices. Due rent or the amount of the due rent can only be subject to the notice to be sent.
The enforcement proceedings that can be opened by the lessor creditor can also be taken into consideration as a justified notice. Namely, in accordance with Article 269 of the Execution and Bankruptcy Law, enforcement proceedings can be filed against the tenant with an eviction request.
You can access our other article examples and petition examples by clicking here.