Lease Agreement Provisions which will take effect as of 01.07.2020

In workplace rents, where the lessee is a person deemed as merchant under the Turkish Commercial Code or a private or public legal entity, pursuant to Provisional Article 2 of the Law No. 6217 on the Amendment of Certain Laws for the Acceleration of Judicial Services dated 31.03.2011 (“Law”), it was regulated that certain provisions of the Turkish Code of Obligations No. 6098 (“TCO”) regarding lease agreements shall not apply for a period of 8 years starting from 01.07.2012, the date when the TCO came into force. With the expiry of the period specified under the article, such provisions will come into force as of 01.07.2020.

The provisions and article numbers that will come into force on 01.07.2020 are as follows:

General Provisions

  • Transfer of rental relationship (Art. 323 of the TCO)
  • Return of the leased property prior to the expiry of the contract (Art. 325 of the TCO)
  • Important reasons for extraordinary termination (Art. 331 of the TCO)

Provisions on Leases of Residential Premises and Roofed Workplaces

  • Connected contract (Art. 340 of the TCO)
  • Assurance by the lessee (Art. 342 of the TCO)
  • Amendment of the rental fee (Art. 343 of the TCO)
  • Determination of the rental fee (Art. 344 of the TCO)
  • Prohibition of regulation against the lessee (Art. 346 of the TCO)
  • Limitation of the grounds for action for termination of the contract through litigation (Art. 354 of the TCO)

Pursuant to Provisional Article 2 of the Law, until 01.07.2020, when the foregoing provisions will come into force, provisions of the lease agreements are applicable in terms of the issues regulated under the said articles due to the principle of freedom of contract, and in cases where there is no such provision in the lease agreement, provisions of the abrogated Code of Obligations No. 818 are applicable.

You may find the full Turkish version of the TCO here.