The lease contract is defined in Article 299 of the Turkish Code of Obligations.
According to the article;"The lease contract is the contract in which the lessor undertakes to leave something to the tenant to use something or to benefit from it with the use, and the tenant undertakes to pay the agreed rental fee in return."
The duration of the lease contract is specified in Article 300.According to this ;“The lease contract can be made for a certain and uncertain period.The lease contract, which will end without any notice after the expiry of the agreed period, has a fixed duration; other lease contracts are deemed to have been made for an uncertain period."
Although there is no written validity requirement for the lease contracts, in the event of a legal dispute, a written lease contract will be in good of both parties in terms of proof.
While preparing lease contracts, it is important to clearly indicate the rental price and the time of payment.Especially in the case of commercial leasing, the fact that the price is stated net or gross provides convenience in terms of tax.The time of payment is important in terms of default in case the tenant does not pay.
Again, the rent increase rate is limited in Article 344 of the Turkish Code of Obligations. According to the article;"The agreements of the parties regarding the rental price to be applied in the renewed lease periods are valid provided that the change rate does not exceed the twelve-month averages in the consumer price index in the previous lease year. This rule is also applied for lease contracts longer than one year. "
The one-year arrangement of residential and workplace lease contracts provides the lessor with the opportunity to terminate the lease at the end of the ten-year extension period without giving reasons.In addition, if the tenant wants to benefit from the residence or workplace in the long term, if the contract is annotated to the title deed, the tenant's tenancy status is legally protected against third parties during the lease period.
Termination of the lease contract by notification is regulated in Article 347 of the Turkish Code of Obligations.
According to the article;"Unless the tenant notifies at least fifteen days before the expiry of the fixed-term contract, the contract is deemed to be extended for one year under the same conditions in housing and roofed workplace rents.The lessor cannot terminate the contract based on the end of the contract period.However, at the end of the ten-year extension period, the lessor may terminate the contract without giving any reason, provided that it notifies at least three months before the end of each extension year following this period.
In indefinite-term lease contracts, the tenant can always terminate the contract with a notice of termination according to general provisions, ten years after the start of the lease.In cases where the right of termination can be used according to general provisions, the lessor or the tenant may terminate the contract. "
To make termination valid, termination notice must be written.
It is possible for the tenant to lease the leased place to another person with a contract, that is, to make a sub-lease contract, only with a clause in the contract that a sub-lease contract can be made clearly and in writing.
When a contract is made for a long lease term, modifications and changes can be made in order to make it suitable for the purpose of use of the leased, and this may cause construction for the tenant and demolition costs for the lessor.For this reason, regulating the issues of what kind of changes will be made in the lease contracts, who will pay the price of the changes and whether the leased place will be restored at the end of the lease term will prevent legal disputes.
Again, taxes, duties, fees, etc. it should be decided by whom the costs will be paid, whether the insurance will be taken out and by whom.
Some of the decisions of the Court of Cassation regarding lease disputes are presented below.
T.R. COURT OF CASSATION 3rd GENERAL ASSEMBLY OF CIVIL CHAMBERS E. 2017/4599 K. 2018/12416 T. 5.12.2018
SUMMARY:1-There is no dispute between the parties regarding the lease contract on which the case is based and the decision is based on starting date 01.08.2013.
The plaintiff tenant stated that he had notified the lessor that he would leave the flat one month before the end of the contract, that he had evacuated the property in January 2014, that he had given the key to the lessor in the lawsuit petition and in the hearings, and he stated in the petition to respond to the appeal, that he gave the house key to the apartment manager and the janitor.By the plaintiff party; The written document regarding the giving the keys was not submitted, but it was alleged that the evacuation by the plaintiff took place with the knowledge and approval of the defendant.
The court should have reminded to the plaintiff, who could not prove the date of release and the delivery of the key with a written document and whose burden of proof falls on him and his right to offer oath regarding the key delivering date, and a decision should have been made according to the result. However, it is not correct to impose the burden of proof on the defendant party and this issue necessitated the reversal of decision.
T.R. COURT OF CASSATION 3rd GENERAL ASSEMBLY OF CIVIL CHAMBERS E. 2017/5586 K. 2019/435 T.23.1.2019
SUMMARY: The case is about the request for determination of the rental fee.Since there is no requirement for an increase in the lease contract between the parties and there is no warning letter sent or lawsuit filed in due time, the main lawsuit petition filed on 20.11.2014 was notified to the defendant on 08.12.2014 and the merged lawsuit was filed on 24.12.2014. It cannot be decided to determine the rental fee for the 01.01.2015 period.
However, taking into account that the new period (01.01.2016) has started during the appeal review, the court should ask the plaintiffs whether they want to determine the rental price for the next period (2016), and if requested, it should be decided to determine the rental fee for the next period. Otherwise, the case must be dismissed.
