Article 347. of the Turkish Code of Obligations (“TCO”) No. 6098 regulates the termination of the lease agreement by the landlord, while allocating it as a definite and indefinite term of lease agreement.

In order to terminate agreements of definite term;

·         The landlord cannot terminate the agreement based on the expiration of the agreement term. At the end of the 10-year extension period, the tenant may terminate the agreement without cause, provided that they give at least 3 months of notice before the end of each extension year following this period.

In the indefinite period of lease agreements;

·         After ten years from the commencement of the lease, the landlord may terminate the tenancy agreement with a notice of termination in accordance with the general provisions.

Notice of termination Article 348 of TCO, notice of termination must be done in writing. If not, then the notice of termination will be invalid.

2-How Can The Lease Agreement Be  Terminated By The Tenant?

In Article 347. of the TCO, a distinction is made between definite and indefinite lease agreements for the situation in which the lease agreement is terminated by the lessee.

In order for the tenant to terminate the lease agreement of definite period by notification, the tenant must inform the landlord that they will be terminating the agreement by providing a written notice at least fifteen days before the end of the agreement term.

The issue of how to terminate indefinite-term agreements is regulated in the 2nd paragraph of the same article of the law. Under this regulation, tenants can always terminate the agreement by issuing a notice of termination in accordance with the general provisions.

3-How Can The Rent Increase  According To The Lease Agreement?

In order to make the increase according to the lease agreement, it is important whether there is an agreement on the rent increase.

In order for the parties’ agreements on the rental price to be implemented in the renewed leasing periods to be valid, the increase in the rent must be determined according to the twelve-month averages in the CPI of the previous rental year.

If an agreement has not been made between tenant and landlord to increase the rent, the rent is determined by the judge, taking into consideration the situation of the lessee, provided that it does not exceed the change rate according to the twelve-month averages in the CPI of the previous leasing year.

4-What Are The Rights of the Landlord at the End of the 5-year Leasing Period?

The rights of the landlord against the tenant whose 5-year lease period has expired are regulated in Articles 344 and 345 of the TCO. According to this, regardless of whether there is an agreement between the parties, the lease determination case can be filed in lease agreements for more than five years. This lawsuit can only be filed if there is a lease agreement and the plaintiff has a legal interest in filing the lawsuit.

In case the landlord gives a written notice or files a lawsuit at least 30 days before the expiry of the one-year lease period, the determination decision made by the court will become valid as of the start date of the renewed leasing period. In the judicial progress, the condition of the real estate, comparable real estate, CPI increase rate, equity and other issues will be taken into consideration and a rent will be determined accordingly.

5-Can The Landlord Request The Evacuation Of The Tenant Due To The Need?

How the landlord can evacuate the tenant due to  needs is regulated in Articles 350 and 351 of the TCO.  According to these regulations, in order for the landlord to request the eviction of the lessee, the landlord herself, its descendants, superiors, spouses or dependents as per the law should have the necessity to use the leased immovable as a workplace or residence.

In case of necessity, an eviction lawsuit can be filed against the tenant after the expiry of the term in fixed-term leaseal agreements and the termination notice period in indefinite-term lease agreements.

6- What is The Eviction Notice?

An eviction notice is a document which includes the tenant’s declaration regarding to evacuate the property on a certain date. However, in order for the eviction notice to be valid, it must have certain characteristics.

·         The eviction notice must be made in writing.

·         The eviction notice must be signed by the tenant or by the tenant’s representative specifically authorized in this regard.

·         The date on which the property will be evacuated must be determined.

Eviction notice should not be given at the time of or before the signing of the lease. In other words, an eviction notice must be made after the delivery of the leased property to the tenant. Otherwise, the eviction letter will be invalid.

7- How Can the Landlord Request the  Evacuation of the Tenant with the Eviction Notice?

The landlord, based on a valid eviction letter, can demand the eviction of the real estate in two ways.

·         First of all, the landlord can file an eviction lawsuit against the tenant based on the eviction notice. However, this lawsuit must be filed within one month from the date on which the tenant declares that will leave the property.

·         The second option is to apply for enforcement office.  The landlord may request an evacuation order based on the eviction letter through the enforcement office.

8-What Are The Rights Granted To The New Owner in the Case of the Leased Change of Ownership?

When the tenat uses the property, the owner of the property; may change in different ways such as sale, donation, ordinary partnership agreement, inheritance. In this case, the new landlord becomes a party to the lease and the tenant continues to use the property.

In some cases, the new landlord may ask the tenant to evict the immovable.  If the new landlord herself, her spouse, descendants, descendants or dependents in accordance with the law are obliged to use the immovable, an eviction lawsuit can be filed against the tenant.

In order to file a lawsuit against the tenant, landlord may request the tenant to evict after 6 months by giving a written notice to the tenant within 1 month from the date of acquisition.

If the tenant has been provided to evict the property due to necessity, the property cannot be leased by the landlord for 3 years unless there is a justifiable reason.

9- What Are The Rights Of The Landlord In Case the Tenant Does Not Pay the Rent?

The landlord may request the eviction in different ways when tenant does not pay lease.
The first of these is to file an eviction lawsuit against the tenant by sending a justified warning letter. An eviction lawsuit can be filed after two justified warnings are sent to the tenant within that one year for a 1-year lease agreement and within the same rental year for longer-term lease agreements.

In addition, in accordance with Article 315 of the TCO, a written notice is prepared to the tenant who does not pay the rent, and it is informed that the lease agreement will be terminated if she does not pay the rent within 30 days. However, if the tenant does not pay the rent, the contract is terminated and the evacuation of the property can be requested through enforcement proceedings.

10-How Does A Definite Term Lease Agreement Become An Indefinite Lease Agreement?

In accordance with article 300. of the TCO; lease agreements can be made for a definite and indefinite period. If the landlord and tenant determine when the lease will expire, there is a “definite term lease”. If there is no regulation on when the agreement will expire, there is an “indefinite term lease agreement”

If the lease agreement is made for a certain period of time and is not renewed with silence it automatically terminates with the expiration of this period. However, if the landlord does not oppose the tenant’s continued use or allows him to use it, although the period has expired, the lease becomes a agreement for an indefinite period.

*This bulletin is based on residential and roofed workplace lease agreements within the scope of the Turkish Code of Obligations.

– This document is to inform the recipients concerning recent legal developments in Turkey. It does not constitute legal advice or legal opinion on any specific facts or circumstances. The advice of legal counsel should be obtained for specific questions.

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