Renting a property involves a web of legal intricacies, rights, and responsibilities. In Turkey, understanding these nuances is pivotal for both landlords and tenants. The Turkish Civil Code governs the termination of rental contracts due to various factors, such as breaches, property misuse, or rent arrears. This article delves into the specifics of termination of rental agreements and contracts in Turkey due to tenant-related reasons, and how Alfa Law Firm‘s expertise can be your guiding beacon.
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Objective: In the realm of real estate law, understanding the grounds and implications of terminating rental agreements due to reasons originating from the tenant is crucial for both landlords and tenants. This article aims to shed light on the major points surrounding the termination of rental agreements from the tenant’s side, guiding tenants on potential pitfalls and safeguarding their rights, while also highlighting the rights and remedies available to landlords.
Scope: This article focuses on the legal provisions for the termination of rental agreements based on the actions or breaches committed by tenants. It provides insights into key considerations and potential consequences associated with tenant-related reasons for contract termination.
Legal Basis: The Turkish Civil Code serves as the legal framework governing rental agreements and the termination thereof. Articles 316, 349, and 352 specifically address situations where the tenant’s conduct or circumstances warrant the termination of the lease contract.
One of the most common reasons for terminating a rental contract is the tenant’s failure to use the property carefully and show respect to neighbors. In residential and roofed commercial leases, the landlord can terminate the contract by giving a written notice to the tenant and granting at least thirty days to rectify the breach. However, if the tenant causes significant damage to the property, or the landlord, cohabitants, or neighbors cannot tolerate the tenant’s behavior, the landlord can terminate the contract without a prior warning.
Another reason for terminating a rental contract is the tenant’s breach of obligations, such as paying rent on time, maintaining the property, or complying with the contract terms. In residential and roofed commercial leases, the landlord can terminate the contract by giving a written warning to the tenant and granting at least thirty days to rectify the breach. If the breach is not remedied within this period, the landlord can terminate the contract. In other types of leases, the landlord can terminate the contract without a prior warning.
The termination of a rental contract must be done in writing. In residential and roofed commercial leases, the written notice must be given at least thirty days before the termination date. If the tenant fixes the breach within this period, the termination will not take effect. However, if the tenant fixes the breach after this period, the landlord can still terminate the contract.
The main consequence of terminating a rental contract is that it ends the lease relationship between the parties. The landlord does not need to file a separate eviction lawsuit after terminating the contract. However, if the tenant does not vacate the property despite the termination, the landlord can file an eviction lawsuit. The landlord can also claim damages for loss of rental income or damage to property caused by careless use.
Tenants should act by their obligations when using rented properties and avoid any actions or negligence that would give rise to termination by landlords. Otherwise, they may face eviction and legal action. Landlords should follow the legal requirements and deadlines when exercising their right to terminate rental contracts. Otherwise, they may lose or invalidate their right to terminate.
Terminating a rental contract in Turkey due to specific cases may involve complex legal procedures and disputes that require professional assistance. Therefore, you should consult Alfa Law Firm’s real estate lawyer in Turkey before taking any action regarding your rental contract. We have extensive experience and expertise in dealing with all kinds of real estate issues in Turkey and can help you protect your rights and interests in any situation. Alfa Law as a Turkey Law firm also offers multilingual services in Turkish, English, Dutch, and French for our client’s convenience. Contact us for experienced English speaking lawyers and for a free consultation with more multilingual lawyers in Antalya, Turkey.
In addition to the above reasons for terminating a rental contract due to tenant-related reasons, some specific cases apply only to residential and roofed commercial leases. These are:
- Termination based on eviction promise: If the tenant gives a written promise to vacate the property on a certain date and fails to do so, the landlord can initiate an eviction process without filing a lawsuit.
- Termination based on two justifiable warnings: If the tenant fails to pay rent for two different months within one lease year or commits a similar breach, even after receiving two warnings from the landlord through court or enforcement proceedings, the landlord can file an eviction lawsuit and terminate the contract.
- Termination based on having a suitable residence: If the tenant or their spouse has a suitable residence within the same district or town municipality where they rent a property, the landlord can file an eviction lawsuit and terminate the contract.
These cases have their conditions and consequences that tenants and landlords should be aware of. For example, if there are multiple tenants or if the rented property is a family home, all tenants or spouses must sign an eviction promise for it to be valid. Also, if there are enforcement proceedings or default notices issued for unpaid rent, they count as justifiable warnings for eviction purposes.
What are the Major Points of Termination of Rental Agreements Due to Tenant-Related Reasons:
- Careful Use of Rented Property: Tenants must responsibly and carefully use the rented property. Failure to do so, leading to damage or misuse, may provide grounds for lease termination.
- Respect for Neighbors: Tenant behavior must respect the rights and tranquility of neighboring residents. Nuisance, excessive noise, and disruptive activities could lead to termination.
- Prompt Rent Payment: Timely and full payment of rent is essential. Non-payment or consistent late payment could trigger termination proceedings.
On What Grounds Tenants Must Be Careful Of:
- Property Damage: Tenants must avoid causing intentional or severe damage to the rented property, as this could be cause for immediate termination.
- Disturbances: Engaging in disruptive activities that negatively impact cohabitants or neighbors may lead to lease termination.
What are the Rights of Tenants?
- Prior Notice: In most cases, tenants must be given written notice of their breach and provided an opportunity to rectify it within a reasonable period.
- Due Process: Tenants have the right to challenge the validity of termination, ensuring the process is legally sound and just.
What are the Rights of Landlords?
- Termination: Landlords have the right to terminate the lease if tenants materially breach their obligations.
- Eviction: If tenants do not vacate the premises voluntarily after termination, landlords have the right to initiate eviction proceedings.
Providing that you encounter any problems or disputes related to terminating a rental contract in Turkey, you can contact Alfa Law Firm to hire the best lawyers in Turkey. Alfa Law Firm’s Real Estate Lawyers Turkey provides consultancy and representation services to clients on all matters related to real estate law in Turkey. Especially foreign nationals living in Turkey may face some difficulties due to different cultures and legal systems. In this case, as the premier Antalya law firm, Alfa Law Firm’s multilingual lawyers are ready to help you. Our firm’s English speaking lawyers in Turkey and French speaking solicitors or Dutch speaking lawyers provide the best solutions for your real estate conflicts and disagreements. Our multilingual lawyers in Antalya and Turkey can serve you in the best way possible. Contact Antalya attorney Ceren İncetaban and our other expert lawyers in Antalya today for a free consultation.