Rights of the tenant and the lessor in case the leased place changes hands


In case the leased property changes hands, the lease agreement continues to be valid between the new owner and the lessee, as clearly stated in Article 310 of the TCO. For this reason, the lease agreement will also be binding on the new owner, who acquired the property later, in case the leased property changes hands.


What rights does the lessor have with the change of hands of the leased place?


With the change of ownership of the rented place, the new owner may terminate the contract through a lawsuit based on the provision titled "necessity of the new owner" in Article 351 of the TCO, in addition to the termination rights mentioned above. According to this provision, the lessor may terminate the lease agreement with a lawsuit to be filed after six months, by notifying the lessee within one month from the date of acquisition of the property due to need. Annotation of the rent to the title deed prevents the new owner from terminating the lease agreement through a lawsuit within the scope of Article 351 of the TCO.


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