A lease agreement is a contract that provides for the transfer of the right to use and use a property to someone else for a certain price and gives rise to a personal right. However, in order to make it possible for it to be brought against everyone, the Code of Obligations is 312. in the article, it is arranged that lease agreements can be annotated to the title deed.
Three types of lease agreements are regulated in the code of obligations: Ordinary Rent, Rental of Residential and Roofed Establishments, and Product (Revenue) Rent. In this study, we will examine the issue of Renting Residential and Roofed Businesses.
Lease agreements are among the contracts that do not have to be made in writing. Lease agreements made orally and actually applied are also valid if proven. If the tenancy relationship continues despite the expiration of the fixed-term lease agreement in ordinary lease agreements, then the lease agreement turns into an indefinite-term lease agreement (BK.327) However, if the lease agreement is not terminated by the tenant with 15 days prior written notification for the rental of residential and roofed establishments, the contract is considered to have been extended for another 1 year under the same conditions. (BK 347) In ordinary leases, the lessee may sub-lease the leased if it is not otherwise agreed in the contract. However, in the rental of residential and roofed establishments, the tenant cannot sub-rent the rented one without the written permission of the lessor. (TALK.322)
By obtaining the written consent of the lessor, the lessee may transfer the rental relationship. The renter cannot refrain from giving this consent unless there is a justified reason. However, the former tenant continues to be severally responsible for the rental price and ancillary payments until the end of the rental relationship and for a maximum of 2 years. (BK 323)
Rental of Houses and Workplaces (with Roofs)
Code of Obligations 339-356. among the Decrees, the issue of renting residential and roofed establishments is regulated.
Housing refers to the place where the need for housing is met, which allows a person to maintain a private life. The legislator considers it sufficient for the housing to serve the above purposes and has not introduced the obligation to be roofed for residences, which he has introduced for workplaces.
A workplace can be defined as a place where a person conducts commercial, industrial, economic, professional activities or serves for the performance of his profession. However, the legislator only considers businesses with roofs to be m of the Code of Obligations.339 et seq. he has taken the substances within the scope. Therefore, there is no roof (Plot, open-Decked tea gardens, etc.) the rental of workplaces is subject to the general provisions (BK m.299 et seq.) will be subject.
with a lease agreement dated Dec. 01.02.2009 for a period of five months, the immovable property in the nature of a plot and the weighbridge and warehouse on it were rented to the defendant by a company outside the lawsuit. The plaintiff acquired the leased property by purchase on 08/02/2012 and filed this lawsuit as the successor of the former owner. With the expert report obtained by the court as a result of the discovery made at the scene, it was determined that the rented workplace is approximately 1.100 m2, there is a two-storey building of approximately 60 m2 and a closed area of 400 m2.TCO No. 6098.nun 339. and continuation articles are provisions that can be applied in residential and roofed workplace rentals and are 299 of the Turkish Code of Obligations for renters who do not stay within the scope of residential and roofed workplace rentals.since the general provisions defined in the article (ordinary lease provisions) will be applied, the real estate leased by the court with this issue in mind is subject to the TCO.nun 339. and while it is necessary to determine which provisions will be applied first by conducting research on whether it remains within the scope of the residential and roofed workplace regulated in the continuation articles and to decide according to the result, it is not correct to decide by incomplete examination.(Supreme Court 6. HD. -2014/2404 Kr.)
There is no dispute between the parties regarding the lease agreement dated Dec. 11.02.2010 and for a period of 2 years, which is based on the case and based on the judgment. 7 Of the lease agreement. in the article “The municipality may terminate the contract unilaterally at any time …” 14. in the article “…in case of need and sale of the rented place by the municipality or public institutions and organizations, the contract may be terminated unilaterally and no rights and compensation may be requested from the tenant municipality …” has been decided. The place subject to the lawsuit was rented by tender in accordance with the law No. 2886. 15 of the Municipalities Law No. 5393. according to Article 75 of the Law No. 2886 on evictions of immovable properties belonging to the municipality. it is indisputable that the article will be applied. It does not matter whether it is subject to the general provisions of the Law No. 6570 in force on the date of the case or the TCO that entered into force later, or the provisions on renting a residential or roofed workplace. However, it is not possible to request the eviction of the rented place by the respondent municipality before the expiration of the lease term with a fixed-term lease agreement. 330 of the TCO. the contract may be terminated at any time with the notice of termination to be made three days in advance by each of the parties in the movable leases regulated in the article. In real estate subject to the provisions of the TCO on residential and roofed workplace leases, the reasons for termination and eviction are limited, and the renter does not have the right to eviction whenever he wants. However, in the case in the lease agreement “… Park Cafeteria…” Tbk whether the material is qualified as loans held the lease and moved in 330 339 Tbk provisions or the continuation of the lease is subject to the provisions of the articles held in roofed workplace information and it is not clear from the documents in the file. Therefore, the court must first investigate the quality and quality of the rented place (cafeteria in the park) by conducting on-site reconnaissance if necessary to determine whether it is a place subject to the provisions of the movable lease of the TCO or the roofed workplace provisions,then determine whether the defendant’s termination before the lease expires is justified, if the termination is considered justified, it is not correct to make a judgment with incomplete examination, while the plaintiff’s claim for compensation should be made. (Supreme Court 6. HD 1.4.2014 date 2013/11011 Es. 2014/4128Kr.)
In addition, even if it has the above qualifications, BK also applies to rental agreements with a period of 6 months or less.the provisions regarding ordinary rent regulated in articles 299 et seq. are applied. All leasing transactions made by Public Institutions and Organizations are also taken into the scope of this law.
The Tenant’s Assurance (Deposit) to Provide
If a guarantee (deposit) obligation has been imposed on the tenant in the lease agreement, the amount of the guarantee should not exceed the 3-month rental price. The guarantee may have been agreed as money or negotiable instruments. If it was issued as money, this money should be evaluated in a term deposit account. If it was issued as a negotiable instrument, this negotiable instrument must be stored in a bank. The tenant makes the transactions of depositing the money to the term account or depositing the negotiable instruments to the bank. However, the deposited or stored security fee may be refunded based on the consent of both parties, the finalization of the enforcement proceedings by the lessor, or a court decision.
Assurance fee is deposited to the bank, within three months following termination of the lease agreement lessor of the lease against the tenant with a lawsuit or engaged in pursuit or execution through bankruptcy, in writing, at the request of the tenant is obliged to provide back guarantee if you fail to notify you.
Determination of the Rental Price
Pays paid rent In the rental agreement, the rental price can be determined in the form of payment of a monthly net figure, as well as in another way in which the rent is determinable, it can be decided to pay the rent. For example, the parties may decide on the monthly rental price as a certain percentage of the company’s monthly turnover by making a provision in the lease agreement. This is also called the turnover rental price. (Supreme Court 6. HD. 2014/6455 Es dated 2.3.2015. 2015/2015 Kr. numbered Decision)
Changes cannot be made to the rental agreements against the tenant except for the determination of the rental price. (BK 343) The agreements of the parties regarding the rental price to be applied during the renewed lease periods are valid provided that they do not exceed the rate of “change according to the twelve-month averages in the consumer yacht index” in the previous lease year. This rule also applies to lease agreements with a term longer than one year. No provision contrary to this may be made in the contract. If an agreement has not been made by the parties on this issue, the rental price is determined by the judge according to the fairness, taking into account the situation of the leased, provided that it does not exceed the rate of “change according to the twelve-month averages in the consumer yacht index” of the previous rental year. The parties are held regardless of whether or not an agreement on this issue, more than five year leases renewed on or after five years, and every five years after that, at the end of the lease, the new lease tenant by the judge in the “Consumer Price Index for the twelve-month averages, according to the change rate of the loans is determined in consideration of equivalent status and equitable manner in the rental price (CHAPTER 344).
In the expert report based on the provision, it is stated that the rental price that the real estate subject to the lawsuit may bring if it is rented again during the rental period starting on 01.01.2015 will be 60.000 TL gross per year. It is not correct for a determination decision to be made by the court without making a deduction of rights and posterity. In this case, considering that the defendant is a former tenant, it is not correct to establish a judgment without making a deduction of rights and benefits, while the rental money should be determined by making a deduction of rights and benefits at the appropriate rate.”( Supreme Court 3. HD. 2017/3644 Es dated 20.12.2017. 2017/17900Kr. numbered Decision)
Rental prices determined by foreign currency cannot be changed unless 5 years have passed. In the case of determining the rental price to be opened at the end of five years; the judge will determine the new rental price taking into account the -/+ movement in the exchange rate, the situation of the leased, the precedent rental prices.
