Residential and roofed workplace tenancies give rise to certain rights and obligations for both tenants and landlords. In this article, we examine in particular under which circumstances and how landlords can terminate the tenancy agreement, up-to-date Code of Obligations We declare in accordance with its provisions.
How Does a Tenancy Agreement End?
Pursuant to Article 299 of the Turkish Code of Obligations (TCO) numbered 6098, a tenancy agreement is based on the granting of the use of immovable property to the tenant in exchange for the payment of rent. Tenancy agreements may be terminated in two ways:
- By Notification
- By Litigation
We have explained each reason for termination in detail below.
Right to terminate by notice
Right of Termination in Fixed-Term Contracts
According to Article 347 of the TCO, if the tenant does not give written notice at least 15 days before the termination of the contract, the contract is automatically extended for another year. The lessor cannot exercise the right of termination based on the expiration of the contract term.
However, at the end of the 10-year period, the lessor may terminate the agreement without stating any reason by giving written notice at least 3 months before the end of each extension year.
📘 TCO Art. 347 – Period of Extension and Notice
Right of Termination in Contracts of Indefinite Duration
The tenant at any time, and the landlord from the start of the tenancy onwards After 10 years The contract may be terminated by a notice of termination in accordance with general provisions. The notices must be in writing.
Family Home Status
If the rented property is used as a family home, the tenant cannot terminate the agreement without the explicit consent of their spouse. If consent is not given, a court order may be required. Furthermore, the termination notice must be served separately to both the tenant and the spouse.
Right to Termination Through the Courts
The right to terminate may arise under the Turkish Code of Obligations for different legal reasons depending on the situation of the lessor or the lessee. These reasons and general termination circumstances are examined below.
Reasons Arising from the Landlord
Residential or Commercial Property Requirement
if the lessor, their spouse, descendants/ascendants or persons whom they are obliged to look after have a need, at the end of the term in fixed-term agreements, or in accordance with the termination period and notification in indefinite-term agreements A claim must be filed within 1 month.
Reconstruction or Development
If reconstruction or a zoning plan makes the use of the leased property impossible, a lawsuit must be filed within the appropriate notice period for termination—at the end of the term for fixed-term leases, and in accordance with general provisions for indefinite-term leases.
📘 TCC art. 350 – Requirement and Reconstruction
Requirement of the New Owner
The new owner who acquires the leased property, as from the date of acquisition Written notice to the tenant within 1 month by doing, Eviction lawsuit after 6 months may file a lawsuit. Alternatively, the right to file a lawsuit is also reserved at the end of the period.
Reasons Originating from the Tenant
Deed of Eviction
If the tenant has given a written commitment to vacate the immovable property by a specific date and fails to fulfil this commitment, the lessor may, as from the date of the commitment, within a month They can request eviction by initiating enforcement proceedings or filing a lawsuit.
Two Valid Notices
If the tenant has received valid notices for failing to pay the rent twice within a year, the landlord may, at the end of the lease year in which the notices were given, eviction lawsuit within 1 month can open.
Home ownership
If the tenant or their spouse has suitable housing to live in within the same district or town, and this fact was not known when the tenancy agreement was made, the lessor within 1 month from the end of the contract He can file an eviction lawsuit.
General Grounds for Termination
Tenant's Default
If the tenant fails to pay the rent or additional expenses, the landlord allowing a period of at least 30 days and may give formal notice in writing that if payment is not made within this period, they will terminate the contract.
Breach of Duty of Care
In situations such as the tenant damaging the property or behaving disrespectfully towards neighbours, the landlord may issue a written warning by 30-day period In the event of severe damage or intolerability, it can immediate termination he acquires the right.
Subletting Despite Subletting Prohibition
It is not possible for the tenant to sublet the property to third parties, even though it is explicitly prohibited in the lease agreement. Subleasing despite the sublease ban, is a material breach of the tenancy agreement by the tenant, and this breach gives the landlord the right to terminate the agreement and file an eviction lawsuit. In residential or roofed workplace leases, the landlord first serves a formal notice with a deadline to the tenant; if the breach is not remedied, they may terminate the agreement and request eviction.
Grounds for Extraordinary Termination
Important Reasons
If either of the parties can put forward a reason that makes the continuation of the tenancy agreement unbearable, they may terminate the agreement by complying with the statutory notice period. The court assesses the justification depending on the circumstances.
Bankruptcy of the Tenant
If the tenant becomes bankrupt, the landlord may request security for the rental payments. If security is not provided, immediate termination is possible.
Death of a Tenant
In the event of the tenant's death, the contract does not terminate. The heirs take over the contract and may terminate it with a notice in compliance with the Code of Obligations.
📘 TCO Article 352 – Eviction, Default and Duty of Diligence
Conclusion: Can the Lease Agreement be Terminated?
The landlord cannot terminate the tenancy agreement immediately without any reason. Termination of the tenancy agreement is only possible for valid reasons such as the tenant failing to pay rent, damaging the property, disturbing neighbours, the landlord needing the property for personal use, major renovations taking place, or a written eviction commitment, and generally through legal proceedings.
Also, if the tenancy agreement has been extended for 10 years, the landlord has the right to terminate the contract without giving a reason at the end of each year by giving at least 3 months' notice. Another right of the landlord is to have the rent amount redetermined according to the market value after 5 years have passed since the tenancy agreement rent determination lawsuit being able to open it.
Landlords terminating a tenancy agreement is only possible within the framework of limited grounds provided for in the Turkish Code of Obligations. Therefore, in each case, taking into account the type and duration of the tenancy agreement and the legal status of the parties, in tenancy law Consulting an expert legal practitioner is of great importance.
To get advice on the subject Azel Law and Consultancy you can get in touch.
