TERMINATION OF THE AGREEMENT BY NOTIFICATION IN HOUSING AND HOUSING WORKPLACE LEASES


With the entry into force of the Turkish Code of Obligations No. 6098 in 2012, one of the innovations that changed the dynamics of rental relations, the case of "termination of the lease agreement by notification" is regulated in TCO article 347. In this article, we will examine the conditions necessary for the termination of the contract through notification in rental relations.

In Fixed Term Lease Agreements

According to TBK 347;

“For residential and roofed workplace rentals, the contract is deemed to be extended for one year with the same conditions, unless the tenant notifies at least fifteen days before the end of the fixed-term contracts. 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 contract without giving any reason, provided that it gives notice at least three months before the end of each extension year following this period.

As it can be understood from the article, a fixed-term rental agreement does not automatically terminate with the expiration of the period for residential and roofed workplace rentals. As a rule, the law has given the possibility to terminate the lease agreement to the lessee, and it has become possible for the lessor to gain this right only after the end of the 10-year extension period.

In fixed-term cherry contracts, the contract will be deemed to be extended for one year for the same conditions, unless the tenant gives at least fifteen days' notice. Since this fifteen-day period is relative imperative, it can be reduced to the benefit of the lessee by agreement of the lessor and the lessee. According to the jurisprudence of the Supreme Court;

 “The fifteen-day notice period for termination in the article is a minimum period. A shorter period of notice cannot be determined by the contract, and a longer notice period cannot be determined in a way that narrows the right of the lessee to terminate the lease agreement. conclusion has been reached.

The validity of the notification is in writing in accordance with Article 348. Since a notification that is not made in writing is not a valid notification, it will not have any effect or effect.

Since the contract will be deemed to have been renewed under the same conditions, the elements that make up the content of the contract, such as the rental price, will also remain the same.

When we come to the right of termination of the lessor; The lessor cannot terminate the contract by betting that the contract period has expired. However, if the tenant notifies the tenant in writing at least 3 months before the end of the last extension year of the 10-year extension period, he will be able to terminate the contract.

For example; If the one-year lease agreement concluded on 01.01.2021 has not been terminated by the lessee and has continued to be extended, the leased universe will be able to terminate the contract on 31.12.2031 by giving a written notice of termination on 30.09.2031 at the latest. The three-month period is the minimum period, and the lessor can bring this period forward, for example, on 30.07.2031, but in any case, the notice must have entered the lessee's jurisdiction until 30.09.2031 at the latest, that is, it must have reached it.

If the notice does not come under the dominance of the tenant before this three-month period, Article 328 of the TCO will be applied here as well, and the notice of termination will become valid for the next year.

Indefinite Term Lease Agreements

According to TBK 347/2;

In indefinite lease contracts, the lessee can terminate the contract at any time, and the lessor, after ten years from the beginning of the lease, with a notice of termination in accordance with the general provisions.

As it can be understood from the article of the law, in the case of an indefinite lease contract, the lessee can always terminate the contract by complying with the periods stipulated for the termination period and notification in the general provisions. However, the lessor acquires this right after ten years have passed from the beginning of the lease agreement and may terminate the lease agreement by complying with the periods stipulated for the termination period and notification in the general provisions.

The aforementioned termination period and periods regarding its notification are the regulations in Articles 328 and 329 of the TCO. According to this,

“Each of the parties may terminate the lease agreement for an immovable or movable structure for the end of the rental period determined in the local custom, or, in the absence of such a number, for the end of the six-month rental period, by complying with the three-month termination notice period”.

As explained in detail above, the legislator has introduced provisions that protect the tenant by seeing the tenant as the weak party in the relationship between the tenant and the lessor in residences and roofed workplaces.

While the lessee can always terminate the contract by complying with certain conditions in indefinite and fixed-term contracts, the lessor has to wait for the 10-year extension period.

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