Lease relations are based on a delicate balance that concerns both the tenant’s right to housing and the landlord’s right to property. In Turkey, lease relations are regulated by the Turkish Code of Obligations (TCO) numbered 6098. This law contains provisions protecting the tenant, especially in residential and roofed workplace leases, and binds the landlord’s right to evict to certain conditions. It is of great importance for tenants and landlords to know their rights and obligations, to prevent possible disputes and to maintain a fair lease relationship.
Legal Framework: Tenancy Agreement and Protection of Tenant
A lease agreement is a contract in which the lessor undertakes to leave the use of a thing to the lessee and the lessee undertakes to pay the agreed rent in return. The Turkish Code of Obligations recognises the lessee as the weaker party in residential and roofed workplace leases and introduces special provisions protecting him. One of the most important of these provisions is related to the termination of the contract.
Turkish Code of Obligations – Article 347
In residential and roofed workplace leases, unless the lessee notifies at least fifteen days before the expiry of the term of the fixed-term contracts, the contract is deemed to be extended for one year with the same conditions. The lessor cannot terminate the contract based on the expiry of the contract period. However, at the end of the ten-year extension period, the lessor may terminate the agreement without giving any reason, provided that the lessor gives notice at least three months before the end of each extension year following this period.
Pursuant to this article, when a fixed-term lease agreement expires, the landlord cannot evict the tenant just because the term has expired, unless the tenant requests it. The contract is automatically extended for one year. This situation provides an important assurance to the lessee.
Basic Rights of the Tenant
- Right to Use the Dwelling: The tenant has the right to use the leased dwelling in accordance with the purpose specified in the contract. The landlord cannot prevent the tenant from using the dwelling without a justified reason.
- Requesting Elimination of Defects: If defects (e.g., plumbing failure, leaking roof) occur in the rented dwelling that are not caused by the tenant’s fault and significantly affect the use of the dwelling, the tenant may request the landlord to remedy these defects within a reasonable time. If not, the tenant may have the defect repaired himself and deduct the cost from the rent or terminate the contract.
- Requesting a Reduction in the Rent: In the event of a defect affecting the use of the dwelling, the tenant has the right to request a reduction in the rental price for the period until the defect is eliminated.
- Reclaiming the Security (Deposit) Fee: If the tenant has not damaged the dwelling at the end of the contract and does not owe rent, the tenant has the right to recover the deposit with legal interest. The deposit can be a maximum of three months’ rent.
- Protection Against Unjust Eviction: The landlord cannot evict the tenant without justified reasons specified in the law.
In which cases can the landlord evict the tenant?
The landlord’s right to evict the tenant is based on the reasons listed in the law as limited. In the presence of these reasons, the landlord may request eviction by filing a lawsuit:
- Eviction Due to Need: If the need for housing has arisen for the lessor himself, his spouse, his descendants (children, grandchildren), his parent (mother, father) or other persons he is obliged to take care of by law, he may file a lawsuit at the end of the term in fixed-term contracts and by complying with the termination notice periods in indefinite-term contracts.
- Eviction for Reconstruction and Reconstruction: The landlord may file an eviction lawsuit if it is necessary to substantially repair, expand or change the leased property for the purpose of reconstruction or reconstruction, and if it is impossible to use the leased property during these works.
- Written Eviction Commitment: If the tenant has undertaken to vacate the dwelling on a certain date with a valid written eviction undertaking given after taking delivery of the leased property, the landlord may evict the tenant on this date through enforcement proceedings or litigation.
- Eviction Due to Two Justified Notices: If the tenant has been sent two justified written notices for not paying the rent on time within a lease year, the landlord may file an eviction case within one month from the end of the lease year.
- Default of the Tenant: If the tenant does not pay the rent, the landlord gives a 30-day notice. If payment is not made within this period, he may file an eviction case due to default.
The Turkish Code of Obligations contains important provisions protecting the tenant in residential leases. The tenant cannot be arbitrarily evicted even if the contract period ends. The landlord’s right to evict must be based on justified and concrete reasons such as the need clearly stated in the law, reconstruction, written commitment or the tenant’s failure to pay the debt. Tenants have basic rights such as the right to use the dwelling, to demand the elimination of defects and to recover the deposit. When there is a dispute in the lease relationship, the parties knowing their rights and obligations and taking legal remedies ensures that the problem is resolved fairly.