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In Turkey: What Happens If the Tenant Leaves before the Expiry of the Contract?

: 2019-06-10 Modified date : 2019-06-11

In Turkey: What Happens If the Tenant Leaves before the Expiry of the Contract?
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What happens if a tenant leaves before his contract expires at home, office or rented property in general? Should he pay the rent for the remaining months until the end of the lease?

The answer to the above question is largely related to the existence or absence of a special clause in the lease. Although many people neglect the lease, the only official document can be used in court.

What are the cases the tenant departure before the expiration of his contract?

There is no explicit provision in the Turkish law regarding the subject of the departure of the tenant before the expiry of his contract, so the jurisprudence on this subject is of great importance.

If we classify case law in this area, we find that the early exit of the tenant has three forms we review as follows:

1. The tenant eviction before the end of the contract with no leasing of the house

The lease is a promise. This promise includes a starting point and a definite end. Therefore, eviction of the lessee before the lease expires will make the decision in favor of the property owner.

The judiciary here says that failure to meet the period specified in the lease will cause material damage to the property owner. Such damage must be borne by the party who canceled the contract so that the tenant pays the rent throughout the estimated period until the property is released.

the tenant eviction before the expiration of his contract

2. The tenant eviction before the end of the contract with leasing the house directly

If the lease does not include special requirements related to this matter and the property was leased upon departure of the tenant, the property owner is not entitled to claim the tenant any compensation, but the tenant must inform the property owner of his desire to leave the property at least two months before his release.

3. The tenant eviction before the end of the contract with a penalty clause within the contract

In some cases, the tenant leaves before the expiry of the contract and the contract includes a text that obliges the tenant to pay the remaining rent for the end of the contract.

Recently, the Supreme Judicial Council has signed a decision that can be considered a legal precedent in this regard. The following is a summary of this decision: If the lease has an article related to this subject, the tenant pays the rent for the entire period of the lease even if the property owner leases it within a month or two after departure the tenant.

Edited by: Imtilak Real Estate ©

Sources: Emlakhabari+ Emlak kulasi 1 + Emlak kulasi 2

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