Turkey: Termination Of The Housing And Roofed Workplace Rental Contracts

 According to the Turkish Code of Obligations (“Code”) numbered 6098 lease agreement is defined as, where the lessor undertakes to leave the use of something or the use of it together with the tenant and the lessee to pay the agreed rental value. The definition of the lease contract in the Code is essentially a top concept, and in this article we will evaluate the reasons for the termination of the housing and roofed workplace rental contracts, which are intended to protect the tenant who is the weak side of the contract and specifically regulated in the Code.

I. HOUSING AND ROOFED WORKPLACE RENTS IN GENERAL AND SCOPE OF APPLICATION

The provisions regarding housing and roofed workplace rents are regulated in the article 339 and the continuation of the Code, and the concepts of "Housing" and "Roofed Workplace" are not clearly regulated in the Code. However, these definitions are important in determining the area of application of the provisions regarding housing and roofed workplace rents. In its simplest form, we can define housing as; the buildings that can meet the accommodation needs of the tenant such as living, sleeping and sheltering and which are suitable for protection against the outside. Again, we can define the covered buildings, where a profession or art is performed, which are dedicated to the execution of all kinds of commercial and industrial economic activities, as a roofed workplace. Particulary, this should be taken into consideration that in the concept of a workplace there must be a building covered with a roof. Likewise, structures that are not covered are not considered as roofed workplaces. For example, the Code's housing and roofed workplace rental provisions will not be applicable in terms of open car parks or summer cinemas.

Finally, housing and roofed workplace rental provisions will not be applicable if immovables reserved for temporary use due to their nature are rented for a period of six months or less. For example, because of the temporary use of places such as hotels, pensions and cottages, the provisions of housing and roofed workplaces will not be applied. However, we should state that if these places are rented for a period of more than six months, the provisions of housing and roofed workplaces will again find application.

II. TERMINATION CONDITIONS SPECIFIC TO HOUSING AND ROOFED WORKPLACE RENTALS

We can examine the termination of housing and roofed workplace rents under two main headings as notification and litigation.

A. Through Notification

The parties to the lease contract may terminate the lease contract without giving any reason, provided that the time condition detailed below is met. The validity of this termination notice is depends on the written form.

(i) Housing and Roofed Workplace Rents of Definite Term

In accordance with Article 347/1 of the Code, the tenant may terminate the contract without giving any reason, by notifying at least fifteen days before the end of the contract period, in definite-term housing and roof workplace lease contracts. If the tenant does not make such a notice of termination, the contract is deemed to be extended for one year under the same conditions. The period of fifteen days we have stated is relatively imperative and the lawmaker aims to protect the tenant. With the agreement of the parties, it is possible to reduce this period for the benefit of the tenant. Another important issue at this point is that the termination notice made by the tenant must have reached the lessor at least fifteen days before the end of the lease contract. Otherwise, the termination notice will be invalid.

The lessor, on the other hand, does not have the same opportunity as the tenant and will not be able to terminate the lease based on the end of the contract period. However, the lessor may terminate the lease contract without any reason at the end of the ten-year extension period, provided that it notifies the tenant in writing at least three months before the end of the extension year. The provision regulating the termination right provided to the lessor by way of notification is imperative and the parties will not be able to determine otherwise with the contract. The termination notice must have reached the tenant at least three months before the end of the ten-year extension period.

(ii) Housing and Roofed Workplace Rents of Indefinite Term

The termination of the indefinite-term residence and roofed workplace lease is regulated in Article 347/2 of the Code. Pursuant to this regulation, the tenant can terminate the indefinite-term housing and roofed workplace lease agreements at any time, and the lessor can terminate the ten years after the beginning of the lease by making a notice of termination in accordance with the general provisions, without any reason. With reference to general provisions in the article 347/2 of the Code, articles 328 and 329 of the Code will find application. Article 329 of the Code states, “Each of the parties may terminate the lease agreement for a immovable or a movable building for the end of the lease period determined in local custom or, in the absence of such a custom, for the end of the six-month rental period by complying with the three-month termination notice period. " in the form.

If we concretize the periods we have mentioned above with an example; In order to be terminated of an indefinite-term lease with a starting date of 01.01.2010 by the lessor, after 01.01.2020, on 30.06.2020 which is the end of the six-month period, a written termination notice must be made by 30.03.2020 at the latest.The termination notice must reach the tenant until this date, otherwise the termination notice will be deemed valid for the next period.

B. Through litigation

The reasons for the termination of the housing and roofed workplace lease contract by litigation are limited in the Code, and it is not possible to change the provisions regarding the termination of the lease contract by lawsuit against the tenant. In accordance with the systematic of the Code, we will be evaluating the termination of housing and roofed workplace lease contracts under two main headings.

(i) Termination of Lease Contract Due to Reasons Resulting from Lessor:

a) Termination of the Contract Due to the Requirement of the Lessor or Her/His Relatives to the Rented Place

Pursuant to Article 350 of the Code, if there is a requirement to use the housing or workplace of lessor for himself/herself, his/her spouse, descendant, ancestor or other dependents according to the Code, at the end of the term in definite-term contracts, in indefinite-term contracts, in accordance with the general provisions regarding lease, lease contract may be terminated by a lawsuit to be filed within one month, starting from the date to be determined according to the termination period and the period prescribed for the termination notice. We must emphasize here that the requirement must be real, sincere and necessary. For example, in cases where the lessor asks to evacuate for purposes such as increasing the rent, getting rid of the tenant, and selling the house more easily, it will be accepted that there is no real need for housing. However, it is accepted that there is a real need for the person who lives upstairs in the building without elevator due to illness or old age wants to be rented to the lower floor; the person who has children or grows up wants to be rented to bigger place; the person who lives in a house with stove wants to be rented to place which includes radiator. Finally, when the leased property evacuated for requirement, the leased cannot be rented to others without a just cause until three years have passed. b) Lessor's Termination of the Lease Contract for Reconstructions of the Leased Property In accordance with article 350 of the Code; if the substantial repair, expansion or replacement of the leased property is necessary for the purpose of reconstruction and it is impossible to use the leased one during these works, the lessor shall terminate definite-term conracts at the end of the term, in indefinite-term contracts, in accordance with the general provisions regarding lease, lease contract may be terminated by a lawsuit to be filed within one month, starting from the date to be determined according to the termination period and the period prescribed for the termination notice.

When the leased property is evacuated for reconstruction and zoning purposes, the relevant buildings cannot be rented to others without a justified reason before three years have passed without the construction and zoning work.

c) Termination of the Contract Due to the Requirement of the New Owner or His / Her Relatives

While the lease agreement between the tenant and the lessor is still in progress, the lessor may sell the house or roofed workplace subject to the lease to a third party. For such a situation, we can state that the tenant can continue to use the leased property as a rule, as the Code protects the tenant. However, the exception to this situation is regulated in article 351 of the Code. Pursuant to Article 351 of the Code, if the new owner who acquires the leased later is obliged to use the leased property for himself/herself, his/her spouse, descendant, ancestor or other dependents due to the law, the new owner may terminate the lease contract by filing an eviction suit. At this point, it is important that the new owner inform the tenant of their needs within one month after acquiring the property. If the new owner does not comply with the one-month notification period, he/she loses his/her right to file an eviction action arising from Article 351 of the Code. If the new owner notifies in accordance with the one-month notification period, she/he will be able to provide the termination of the lease contract and the evacuation of the leased with an evacuation lawsuit to be opened six months after the acquisition date at the earliest.

Finally, the new owner, who subsequently acquires the leased property, has the right to terminate the lease contract, starting from the end of the contract, within one month, with an eviction suit to be filed.

(ii) Termination of the Lease Contract Due to Reasons Resulting from the Tenant:

a) Due to Evacuation Pledge Pursuant to Article 352/1 of the Code, if the tenant has not emptied the lease in writing against the lessor after the delivery of the leased property on a certain date, the lessor may terminate the lease contract by applying for execution or filing a lawsuit within one month starting from this date. Although the use of this way is subject to certain conditions in the Code, it is also required by the Court of Appeals that the tenant has made a commitment to evacuate with his/her free will.

The validity of the evacuation commitment made by the tenant depends primarily on the fact that it has been given in writing. Secondly, the date of evacuation must be specified in the commitment to evacuate. The date can either be specified as day-month-year or as a known date. Finally, the commitment to evacuate by the tenant; It must have been given after the leased property has been delivered and the lease agreement has been made. The commitment to evacuate at the time of conclusion of the contract or previously is not valid. The reason for this is that the tenant is under the pressure of the lessor while the contract is concluded, and the rented one is concerned that it may not be rented to him.

b) For Two Justified Notifications

In accordance with Article 352/2 of the Code, the tenant, within the lease term in lease contracts of less than one year; in the lease contracts of one year or more, if the lessor has caused two justified warnings in writing for not paying the rental fee within a lease year or more than a lease year, the lessor will be able to make a payment starting from the end of the lease term and the lease year in which notices are made for rents longer than one year, within a month, can terminate the lease through lawsuits.

Notices sent by the lessor to the tenant must be justified and in writing. It is not accepted that a notification sent without due payment is justified. Sending separate notification for the accumulated months does not constitute two justified warnings. Again, we should emphasize that the lessor must clearly state the month and the amount of the unpaid rent in each notice sent to the tenant. After two justified warnings are sent, the lessor must file an action for eviction within one month, starting from the end of the lease term for contracts shorter than one year, and for contracts longer than one year, for the termination of the lease contract and the evacuation of the lease.

c) Due to the Tenant's or Spouse's Current Housing

In accordance with Article 352/3 of the Code, if the tenant or his/her spouse lives with a suitable residence within the boundaries of the same district or town municipality, if the lessor does not know this during the establishment of the lease, the contract may be terminated through litigation within one month starting from the end of the contract.

In accordance with this regulation, termination of the lease contract is subject to three conditions. The first of these is that the tenant or his/her spouse with whom he/she lives together owns a property within the boundaries of the city or town municipality where the immovable property is used as a residence. Secondly; the lessor does not know that the tenant or his/her partner living with him / her has a suitable place to live while the tenancy agreement is being established. Finally, within one month of the end of the contract, an evacuation case is filed. According to this regulation, the lessor or his/her relatives do not need to be required to use the rented property as a house in order to open the evacuation case. If the conditions exist, the lessor can directly substitute the action for eviction. We should emphasize that this regulation is valid only for the places used as housing and this regulation does not apply to workplaces with roofs.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.