Since 2011, lease agreements are regulated by the “Turkish Code of Obligations No. 6098” and not by the “Law No. 6570 on Real Estate Leases”. With the change in the law, the definition and dimension of the landlord-tenant relationship has also changed. What are the rights of the landlord against the tenant? What are the rights of the tenant against the landlord?
It would not be wrong to say that with the amendment of the law, the landlord-tenant relationship has turned into a debt-credit relationship and the lease agreement has started to carry the characteristics of a promissory note. Therefore, you should evaluate the conditions well before signing a lease agreement.
There are 3 main elements in the new law: the lessor, the lessee and the lease agreement. The relevant article (Article 299) defines the lease agreement as follows: “It is a contract in which the lessor undertakes to leave the use of something … to the lessee and the lessee undertakes to pay the agreed rental price in return.”
A. Obligations of the lessor to the lessee
Let’s take a look at the issues that form the basis of the lessor’s obligations – here we have listed the important issues in order of importance:
1- The most basic obligation of the lessor is to ensure that the real estate remains in the condition in which it was leased (excluding wear and tear due to use) throughout the lease agreement (Article 301)
2- Unless otherwise agreed in the lease agreement, the lessor must pay the payments related to the leased property such as insurance, taxes, etc. (Article 302)
3- The lessor is obliged to cover all foreseen or unforeseen ancillary expenses, provided that they are related to the use (Article 303)
4- In the event that any defect of the leased property occurs and the lessee suffers damage due to this defect, the lessor is obliged to compensate the damage (Article 308)
5- No agreement containing any penalty clause for late payment of rent (Article 346)
When we examine the Code of Obligations, we encounter another phrase such as “unless there is a local custom”. With the use of this phrase, it is understood that the general practices in the region where the real estate to be leased is located are accepted. However, it should not be forgotten that local customs are not above the laws and will not be valid if they contradict the laws.
B. Obligations of the lessee to the lessor
Although the obligations of the lessee are not as many as the obligations of the lessor, they are clearly and explicitly stated in the law. To list the issues that are the basis of the obligations of the lessee:
- The most basic obligation of the lessee is to pay the rent (Article 313)
- If the lease agreement does not specify the rent payment date or if there is no general practice in the area where the real estate is located, the rent is paid at the end of each month (Article 314)
- The lessor may terminate the lease agreement if the lessee fails to pay the rent or other expenses that he is obliged to pay (Article 315)
- The lessee must obtain written permission from the lessor for any changes to the leased property.
- The tenant must deliver the house in the same condition as it was received. However, he is not responsible for any wear and tear caused by use (Article 341)
- Another basic obligation of the lessee, both in the Code of Obligations and other relevant laws, is to take due care of the rented real estate and to get along well by observing the rights of the surrounding residents. Otherwise, the lessor has the right to unilaterally terminate the lease agreement.
In this article, we have included the basic parts of the obligations of the lessor and the lessee. For more detailed information, you can take a look at the Turkish Code of Obligations No. 6098.
