In this article, we explain the reasons for the termination of the lease with respect to residential properties and covered workplaces (offices, workshops, etc.) Where there are many questions about the reasons and obligations to terminate the contract between the lessor and the tenant, and this is one of the thorny issues that may lead to disputes between the parties of the contract, and before embarking on the reasons for the invalidity of the tenancy contract in Turkey, it is necessary to understand the nature of this contract by defining it:
A contract in which the landlord undertakes to leave his property to the lessee to take advantage of it in return for the agreed rent payment of the property and the lease may be concluded for a specified or indefinite period.
What causes the termination of the lease in Turkey?
1- Termination of the lease term
The lease contract will terminate automatically, with the expiry of the lease period, whether the duration of the contract has been determined as on paper or orally.
2- Abolition due to a defect in the property
The landlord is obliged to make the property available to the lessee, provided that the property is in a suitable condition for use, for the intended purpose.
- The lessee may ask the landlord to repair the defect if in case it exists during an appropriate period.
- If the landlord does not fix the defect during the specified period, the tenant is entitled to repair it and deduct the expenses from the rent payment.
- The tenant can also request a move to another property free of defects.
- In the event that the existing defect prevents the convenient use of the property or impedes it in some way, the tenant can then abolish the contract.
3- Termination due to the default of the tenant
If the Tenant fails to pay the rent or the side expenses charged in accordance with the Lease contract, the Lessee may notify the Tenant in writing of a specified payment period in such a way as to warn him to terminate the Contract if he fails to pay during this period.
The minimum time given to the Tenant is ten days for residential properties and 30 days for workplaces (workshops, factories, etc.). This period shall be effective from the date on which the Lessee is notified in writing.
4- Cancellation due to the negligence of the Tenant:
- The tenant is responsible for using the property carefully according to the lease.
- The tenant must show respect for the neighbors living in the building itself.
- In case the tenant acts contrary to the above, the owner of the property can give him a written warning to stop this breach, giving him a period of thirty days, or he may cancel the lease.
- The landlord has the right to terminate the contract immediately without any delay, if the tenant has substantially or deliberately damaged the property, or if the tenant's actions reach an intolerable situation from the point of view of the landlord or neighbors living in the building itself, the landlord is entitled to terminate the contract immediately if it is found that it is not feasible to give him the time limit.
5- Emergency termination
The contract may be rescinded at any time with the legal period of notice of termination, if there is an important reason that the continuation of the lease is impossible for either party, such as the death or bankruptcy of the tenant.
Termination of the lease by notification
- The validity of the termination of the lease by notification is limited to written notices only.
- In fixed-term leases, the possibility of terminating the contract is limited to the tenant only.
- The lease is automatically extended for a full year under the same conditions if the lessee does not notify the landlord of the contract being terminated in writing at least 15 days before the contract term.
- The Tenant may terminate the contract at any time in the indefinite term of the lease. The landlord is entitled to terminate the contract after ten years in this case, provided that this is accompanied by a written notice of termination of the contract in accordance with the general provisions.
Abolition of the lease through legal action
The landlord can terminate the contract by filing a lawsuit in the following cases:
- If the landlord, his wife, his or her relatives, or a person legally obliged to care for them, need to use the property as a dwelling or a place of business.
- If a repair, development or change is required in the home, the tenant's use of the property during repairs is not possible.
- The new landlord can terminate the old tenant's contract within six months of starting the property through legal action, provided that the tenant is notified in writing.
- If the tenant fails to vacate the house during the period he has pledged before receiving it, the landlord may terminate the contract within one month of the due date of delivery of the property, through a lawsuit.
- If the tenant or his wife living with him is found to that they own a suitable house for living within the same city or area, and the lessor does not know this when he enters into the contract, he may terminate the lease within one month of his expiry by filing a legal lawsuit.
Edited by: Imtilak Real Estate ©
Source: Emlak kulasi