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TURKEY CODE OF OBLIGATIONS LAW NO.6098, LEASE AGREEMENT

The lease agreement is defined as follows in Article 299 of the Turkish Code of Obligations No. 6098: “The lease agreement is the agreement where the lessor undertakes to leave the use of something or the use of it together with the tenant and the lessee to pay the agreed rental value.” The Code of Obligations No. 6098 regulated the lease agreement more extensively than the old Code of Obligations No. 818. Although the New Code of Obligations takes into account the provisions of the old law regarding the lease, it also included the provisions of the Law No. 6570 on Real Estate Rents in the new text. For this reason, in the New Code of Obligations, the lease agreement is divided into three different sections: "General provisions" in the first section; In the second section, "Housing and Roofed Workplace Rentals" and in the third section, "Product rent" is organized. [1] With the regulation of the Code of Obligations No. 6098, the Code of Obligations No. 818 and the Law on Real Estate Rents No. 6570 was repealed.
Duration of the lease agreement:The first change brought by the New Code of Obligations concerns the duration of the lease agreement. The lease term is regulated in article 300 of the Code of Obligations Law No. 6098. (There is no article regarding the lease period in the Code of Obligations Law No: 818). Lease contracts are divided into two as fixed-term lease agreement and non-fixed-term lease agreement.
Change of Leasehold: It is regulated in the article 310 of the Law No. 6098. It was included in article 254 of the old law. According to the new provision, if the lease changes hands for any reason after the establishment of the contract, the new owner becomes a party to the contract. With this article, the tenant is protected against the new owner. While the consent of the new owner is required for the continuation of the rental relationship in the old law, the consent of the new owner is not sought for the continuation of the rental relationship in the new law.
Renewal of the Lease Agreement
Lease agreements of indefinite duration: It is regulated in the article 327 of the Code of Obligations Law No 6098 (Article 83 of the Law No 818). Fixed-term lease contracts end with the expiration of the rental period. If the parties maintain the lease relationship without a clear agreement, the lease contract is extended for an indefinite period.
 In housing and workplaces lease agreements: Regulated in article 347 of the Law No. 6098 (It is the equivalent of Article 11 of the Law No. 6570). If the lease contract of the residence and workplace is  fixed-term agreement and if the lease holder does not report at least fifteen days before the expiration of the contracts, the contract is extended for one year under the same conditions. 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 he must notify the lease holder at least three months before. [3] If the condition is not fulfilled in 15 days in advance, the contract will be renewed for one year under the same conditions.
In the lease of the product: Article 367/2 of the Law No. 6098. (equivalent to article 287 of the Code of Obligations numbered 818). However, if the parties continue the contract implicitly, the lease contract is renewed for one year unless otherwise agreed. Unless the notice of termination of the contract is sent 6 months before the end of the contract, the product lease is renewed year over year.
The Time To File a Lawsuit in The Lease Contracts Accordnig to the Law of Obligations No.6098
Lease agreements of definite duration: It is regulated in the  article 327 of the Code of Obligations No 6098 (Article 83 of the Law No 818). Fixed-term lease contracts issued for places subject to specified lease terms expire after the lease agreement expires. In this case, the lessor may apply to the execution within one month after the expiry date of the contract and request the eviction of the lessor due to the expiry of the period
Lease agreements of indefinite duration: In the Law No. 6098, termination notice periods are given in Articles 329 and 330. Based on these periods, a lawsuit can be filed. In the real estate rents specified in Article 329 of the Code of Obligations numbered 6098 (equivalent to article 262 Code of Obligations no 818), a one-year period is divided into 6-month circuits, and a lawsuit is filed at the end of the six-month period for each period. The point to be considered here is that a warning must be notified three months ago in the six-month period and whether the case is opened at the end of that period. [5] In the second paragraph of Article 328 of the Law, a solutuion is offered for the warning that is not made in time. According to the article, the warning given without complying with the period in the previous period is not valid for the termination at the time of its execution, but it is valid for the termination in the next period. Article 330 is also a new regulation. According to the article, the tenant of a movable property with a special usage area cannot terminate the contract unless the lease contract is terminated one month before the quarterly usage period.
The Duration Of The Lawsuits For Resident And  Workplaces Lease Contracts According To The Law No. 6098
It is regulated in the article 350/3 of the Law No. 6098. This arrangement did not exist in the old Code of Obligations. According to the article; If the contract has a definite duration, a case must be filed within one month after the period expires. In lease contracts of indefinite duration, the amount of time decided for the notification period in the lease agreements , must be determined in accordance with these periods and a lawsuit must be filed within one month after the date.
Article 353 regulates the extension of the duration of litigation in residental and workplace lease contracts. Accordingly, if the lessor stated in a written warning before the expiration of the lease period or within a one month lawsuit period regulated by the law, the duration of filing will be extended for a lease year.
The duration of filing a lawsuit for lease of a reveneue-generating asset: It is regulated in article 367 of the law (equivalent to Article 287 of Law No. 818). Contracts expire spontaneously at the end of the period for contracts of definite duration. Lawsuits must be filed within one month from the end of the period. The renewed lease agreement can be terminated for the end of each lease year, in accordance with the legal reporting period. [6]
Termination Of The Lease Agreement According To The Law No. 6098
Termination of the contract with the notice of termination: The matter is regulated in Article 368. The termination notice regarding the revenue rents is considered in two sections, as with the agricultural land and without agricultural land. Accordingly, each party may file a lawsuit at the end of six months by giving termination notice six months in advance in revenue rents without agricultural land. However, if the product rent is related to agricultural land, it can only be terminated with the notice to be made six months ago for the spring and autumn seasons.
Evacuation case in ordinary lease agreement:
It is regulated in article 316 and article 256 of the old law. Since it is a general provision, it can be applied to any type of lease.
Misuse of  the leasehold:
 It is regulated in the article 316 /2 of the Law No. 6098 (article 256/2 of 818 ). In the case that the leased is used badly, lessor can terminate the lawsuit and sue at any time without notice, regardless of whether it is subject to ordinary lease or subject to residential and  workplace contracts. Matters that cannot be made compatible with the contract are described as misuse. Matters that can be reinstated by protest are against contract [7] and this is subject to the general provisions of the eviction case in the ordinary lease agreements we have explained above.
The Lessee’s Default According to the Law No. 6098: It is regulated in the article 315 of the Law No. 6098, which is the article 260  in the old law. This article is also general provision and applies to residence and workplace rents as well as ordinary rent agreements. The warning mentioned in the article must comply with the specified conditions, otherwise it is considered never done.
Evacuation cases in rent of movable goods: Regulated in 330/1 of the Law No. 6098. According to the old law, it is article 262/2 . Accordingly, each party can always terminate and sue the contract by complying with the termination notice to be made three days before in advance. In the second paragraph of the same article, an arrangement was made according to the special situation of the lessor and the lessee. A termination notice is made at least one month before in advance for the three-month lease period and a lawsuit can be filed at the end of 3 months.
Regulation on Residence and Wrokplace Rents According to Law No. 6098
The law No 6098, the law No 6570 were repealed. The relevant provisions are included in the Code of Obligations. The provisions of the residence and workplace, regulated Articles 339-357, are also applied to the items left for the lessee. One of the changes brought by regulation is assurance. The limits of assurance are determined by law.  Article 346 is one of the new articles to protect the lessee. According to the article, no other payment obligation can be imposed on the lessee other than the rental fee . If the lease cost  is paid late, provisions regarding the penalty will not be included in the lease agreement. In the lease agreement, the agreements stating that the rental fees after the unpaid rent will be due are prohibited. If these agreements are made, they are invalid.
Contract Termination in Residence and Workplace Rents
By notice: The contract is extended for one year under the same conditions, unless the lessee notifies at least fifteen days before the expiration of fixed-term contracts in residential and workpalce rent agreements. In this lease relationship, the right to terminate the lease agreement is granted to the lessee . However, the lessor may request the termination of the contract without giving any reason, by notifying at the end of the 10-year extension period, at least three months before the end of the extension year.
In lease agreement of indefinite duration, the lessee can always terminate the contract according to the general provisions after ten years.
Termination of the lease contract for family residence: It is a new article. The lessee cannot be terminated without the consent of the spouse in the leased property to be used as family residence. In addition, if the non-lessee spouse becomes a party to the agreement by notifying the lessor, the lessor must notify the lessee and his spouse individually, depending on the termination notice.
The termination of the contract by way of litigation in residential and workplace rents: In the article 350 of Law No 6098, the reasons for evacuation arising from the lessor are regulated. In article 352, an eviction case based on eviction commitment was issued. With the commitment to evacuate, evacuation can only be made in residence and workplace rent agreements.
Evacuation lawsuit to be filed by the new owner: New lessor of the leasehold, according to the article 351 can inform the lessee in written and file an evacuation lawsuit after six months.
Evacuation due to two rightful warnings: Evacuation lawsuits were organized in 352/2 due to two rightful warnings. According to the provision, if two rightful warnings were given because the rental price was not paid within the period exceeding one rental year or more than one rental year, a case can be opened within one month from the end of the rental year.
If the lessee or his/her spouse has a residence within the district and the municipality: If the lessee or his spouse has a residence in the same city, the lessee must evacuate the house if requested by the lessor (article.352/3). If the lessor does not know about it at the stage of the establishment of the contract and learns it later, he can terminate the contract by lawsuit within one month from the end date of the contract.
Sources:
[1] Turgut Akıntürk, Borçlar Hukuku Genel Hükümler Özel Borç İlişkileri, s 265, 2012 İstanbul
[2] Mithat Ceran,  Ankara Barosu 6098 Sayılı Türk Borçlar Kanunu Sempozyumu ,s 139, 2011 Ankara
 [3] Mithat Ceran,  Ankara Barosu 6098 Sayılı Türk Borçlar Kanunu Sempozyumu ,s 142, 2011 Ankara
 [4] Mithat Ceran,  Ankara Barosu 6098 Sayılı Türk Borçlar Kanunu Sempozyumu ,s 143, 2011 Ankara
 [5] Mithat Ceran,  Ankara Barosu 6098 Sayılı Türk Borçlar Kanunu Sempozyumu ,s 143, 2011 Ankara
 [6]  Mithat Ceran,  Ankara Barosu 6098 Sayılı Türk Borçlar Kanunu Sempozyumu ,s 145, 2011 Ankara
 [7] Mithat Ceran,  Ankara Barosu 6098 Sayılı Türk Borçlar Kanunu Sempozyumu ,s 146, 2011 Ankara
 [8]  Mithat Ceran,  Ankara Barosu 6098 Sayılı Türk Borçlar Kanunu Sempozyumu ,s 154, 2011 Ankara