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What is a Lease Agreement? Landlord and Tenant Rights, Obligations, and What They Need to Know

August 6, 2026
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What is a Lease Agreement? Landlord and Tenant Rights, Obligations, and What They Need to Know

Renting a house or leasing a property is one of the most common legal transactions in daily life. However, many people are not fully aware of the rights and responsibilities that come with signing a lease agreement

A lease agreement is a contract established when one person allows the use of a specific property or real estate, and the other person agrees to pay rent in return.

Nowadays, especially regarding housing rents;

  • Rent increases,
  • Evacuation processes,
  • Deposit issues,
  • Disputes between landlords and tenants,
  • Termination of the contract

It is among the most frequently encountered legal issues.

The lease agreement, which is regulated in detail in the Turkish Code of Obligations, contains important rules that protect both the tenant and the landlord.

What is a Lease Agreement?

A lease agreement is a contract in which the lessor agrees to allow the lessee to use or benefit from a property, and the lessee agrees to pay the agreed rent in return.

In the lease agreement;

Lessor:
The person who makes a property or leased property available for use.

Tenant:
The person who obtains the right to use the rented property and is obligated to pay rent.

Rental agreements are not only for houses;

  • Workplaces,
  • Plots of land,
  • Vehicles,
  • Machinery and equipment,
  • Other movable or immovable property

It can also be done for.

How to Draft a Rental Agreement?

A lease agreement is established by mutual agreement between the parties.

While the law does not mandate written form for every lease agreement, a written contract is of great importance, especially for residential and commercial property leases.

Written lease agreement;

  • It clearly shows the rights of the parties
  • It facilitates proof in case of dispute
  • It clarifies the rental price and payment terms.

A rental agreement typically includes the following information:

  • Landlord and tenant information,
  • The full address of the rented property,
  • Rent,
  • Payment date,
  • Deposit amount,
  • Rental period,
  • Intended use,
  • The parties' specific conditions.

What are the rights of a tenant?

The tenant acquires the right to use the leased property along with the lease agreement.

The landlord cannot unfairly prevent the tenant from using the property in accordance with the terms of the contract.

The tenant's basic rights are as follows:

Right to Use the Leased Property

The tenant may use the property for the purpose stated in the contract.

For example, using a house rented as a residence as a business premises could constitute a breach of contract.

Right to Request Remedies for Defects

If there are significant deficiencies in the rented property that affect its use, the tenant may request that these be rectified, depending on the terms and conditions.

For example;

  • The heating system is not working
  • Serious plumbing problems,
  • Structural problems that prevent its use

This can raise the tenant's rights.

The Right to Safe and Peaceful Use

The landlord may not engage in any behavior that prevents the tenant from using the property normally.

Constantly harassing a tenant or entering the property without permission can lead to legal problems.

What are the landlord's rights?

The landlord also has important rights arising from the lease agreement.

First and foremost, this includes the right to demand timely payment of rent.

Homeowner;

  • You can demand payment of the rent
  • You can pursue legal action against uses that violate the contract
  • Eviction can be requested when the conditions specified in the law are met.

However, a landlord cannot evict a tenant whenever they want and without giving any reason.

How are rent and rent increases determined?

The rental fee is determined by agreement between the parties.

However, rent increases, especially for residential properties, are subject to legal limitations.

When rent increases are made;

  • Contract date,
  • Legal regulations,
  • Rights of the parties

should be taken into consideration.

It is not possible for a landlord to unilaterally increase the rent by any amount they wish.

Similarly, a tenant's failure to pay the agreed rent may constitute a breach of contract.

What is a Deposit (Security Deposit)?

The security deposit, also known in practice as a deposit, may be taken by the landlord to protect against potential damages.

Deposit;

  • Damages to the rented property,
  • Unpaid debts,
  • Certain obligations arising from the contract

It provides security for this.

However, the security deposit is not money that the landlord can use as they wish.

When the lease agreement ends, the property must be returned if the tenant has fulfilled their obligations.

What is the duration of a rental agreement?

The parties can specify the rental period in the contract.

Fixed-term lease agreements for residential and commercial properties are subject to special protection provisions in the law.

The expiration of the lease does not always mean that the tenant automatically has to vacate the property.

There are specific regulations in place to protect tenants, particularly in residential rentals.

When can a landlord evict a tenant?

A landlord cannot evict a tenant simply because they want to.

Eviction requires the existence of reasons specified in the law.

Examples of these include:

  • Non-payment of rent,
  • The tenant's breach of contract,
  • The conditions for evacuation arise due to necessity
  • Other grounds for eviction stipulated by law

It can be shown.

Following proper procedure during the evacuation process is of paramount importance.

An incorrectly executed procedure can result in the parties suffering a loss of rights.

Can a tenant terminate a lease agreement?

The tenant can also terminate the lease under certain conditions.

However, the condition of the property, the duration of the contract, and legal regulations must be taken into consideration.

The tenant's;

  • Regarding notification periods,
  • According to the terms of the contract,
  • Legal obligations

He/she must act appropriately.

What should be considered when preparing a rental agreement?

The following points should be clearly stated when signing the lease agreement:

  • Rent,
  • Payment day,
  • Deposit amount,
  • Who will pay the dues and expenses?
  • Rental property delivery status,
  • Maintenance and repair responsibilities,
  • Intended use,
  • Evacuation conditions.

Documenting the current condition of the property with photographs or a report, especially at the time of handover, can help prevent future disputes.

Conclusion

A lease agreement is a legal transaction that creates significant rights and obligations for both the tenant and the landlord. It should not be viewed merely as a standard document, but should be carefully prepared to prevent potential future problems for both parties.

If rent, security deposit, terms of use, maintenance obligations, and eviction conditions are not clearly defined, serious disputes may arise later on.

Especially in residential and commercial leases, legal regulations are constantly changing, so considering current legal rules when drafting contracts and seeking expert assistance when necessary is important for protecting the rights of both parties.

 

Examples of Supreme Court Decisions: 

3rd Civil Chamber, Case No. 2017/2549 E., Decision No. 2018/12015 K.

"Case Law Text"

COURT: CIVIL COURT OF PEACE

Between the parties rent Following the court proceedings in the debt collection case, the plaintiff appealed the judgment dismissing the case within the prescribed time limit; after the appeal petition was accepted, the documents in the file were read and considered accordingly:

SUPREME COURT DECISION

The plaintiff claims that the defendant entered into a two-year contract with a commencement date of June 11, 2011 rent contract with the business located at Sirer Caddesi, Sirer Pasajı No:8/9 Merkez – … rent that the defendant used the workplace between 01/06/2011 and 22/01/2014, rent The plaintiff claims that he initiated enforcement proceedings against the defendant to collect his debt, that the proceedings were halted due to the defendant's unjustified objection, and requests that, reserving his rights to claim further amounts, the objection be dismissed, and that the defendant be ordered to pay 20% of the debt as compensation for bad faith and 20% as compensation for denial of enforcement, with legal interest to be applied to the debts from the date of the enforcement proceedings.
The defendant initially acquired the property in question from the Board on June 1, 2009, for a period of three years, through the plaintiff's father, .. that he rented, rent contract as required rent the money mentioned to the lessee the plaintiff stated that the payments were made regularly and that "the property was transferred to him." rent contract it needs to be renewed, however rent The contract dated 11.06.2011 was made with the plaintiff upon his statement that "the money would be paid to his father as before," and since the term of the contract dated 01/06/2009 had expired, the non-party ... stated that he was authorized to make a contract, whereupon a new three-year contract was made with the said party on 01/06/2012 rent contract it has been signed rent and that the money was paid to ... as well, until the plaintiff's enforcement proceedings rent He argued that he had no objection to the payment of the money to … and requested that the case be dismissed.
The court ruled that the property in question has long been owned by the plaintiff's father, ... Board rent used by being given, rent ...that the payments were made to the Board as per established practice, that there is a document signed by the Board regarding this, and that the defendant made the payment before the document was signed, according to the written statement of witness ..
According to the explanation given to the Board regarding the content of the document.. rent The case was dismissed on the grounds that no debt was owed, and the plaintiff appealed the decision.
Case; rent This relates to a request for the annulment of an objection regarding the principal debt in an enforcement proceeding initiated for the collection of a debt.
An agreement between the parties, commencing on June 1, 2011, for a period of two years rent contract There is no dispute regarding its validity. The dispute is; rent the first of the prices with a starting date of 01/06/2009 rent contract lessor The issue at hand is whether payments were made to the Board outside of the lawsuit, and if so, whether these payments would terminate the debt between the parties to the lawsuit.
The plaintiff claims that the non-party ... Board has Alzheimer's disease and rent Because it could not collect the payments, the defendant entered into a contract with a starting date of June 1, 2011 rent contract that he concluded, rent The plaintiff claimed that the payments were not made and that the keys to the leased property were handed over to him on January 22, 2014; the defendant, on the other hand, initially.. renter with the subject of the lawsuit rent contract subsequently a starting date of 01.06.2012 rent contract from the very beginning that it was signed rent first of the costs renter ...stating that it was paid to, rent arguing that he had no debt, that the property had been delivered and rent He presented a document signed by the Board and two witnesses as evidence, stating that he had no debt.
Rent contract A form of private law formed by the convergence of mutual wills and granting personal rights to the parties involved contract.
In the specific dispute at hand, the lawsuit is based on the document dated June 1, 2011 rent contract This agreement is valid as it was established by the common and free will of the parties, and this is evident from the parties' declarations that the first agreement was terminated by this agreement, the document bearing the defendant's signature stating that the keys were handed over to the plaintiff on January 22, 2014, and the entire case file.
In this form; the plaintiff's letter dated 01.06.2011 rent contract within the scope of and as a party to the contract, the defendant from the tenant There is no doubt that a claim can be made. Furthermore, the property in question is a residential building and a covered business premises rent subject to the provisions of Article 327 of the Turkish Code of Obligations No. 6098, and therefore subject to general provisions rent in their contracts rent contract if the start and duration are known rent in the contract with the expiration of the period rent contract It ends spontaneously. For rent The landlord may file a lawsuit within one month of the contract's expiration date, requesting eviction due to the expiration of the term rent If the period specified in their contracts expires without an explicit agreement between the parties.. rent if the relationship continues rent contract It transforms into an indefinite-term contract. Since the contract forming the basis of the lawsuit was not terminated by the parties after the expiration date, it must be accepted that the plaintiff has the right to claim for the extended period as well.
However; rent Although it was stated that the debt was paid to the Board, which is not a party to the lawsuit, and a document was presented as evidence that there was no debt; despite serious claims regarding the validity of the document, particularly concerning the lack of legal capacity of the Board, which signed the document as the debtor, and its form and content, the court did not investigate these matters. However, even if the payments allegedly made to the Board are accepted as valid, it is clear that this would not extinguish the debt for the creditor party to the contract.
Therefore; the defendant to the tenant Since there was no irregularity in filing the counterclaim, the court's decision, dated June 1, 2011, was upheld rent to the contract While the dispute should have been examined and a decision made accordingly, issuing a written judgment was deemed incorrect and warrants reversal.
CONCLUSION: For the reasons explained above, the judgment is REVERSED pursuant to Article 428 of the Code of Civil Procedure, and the advance appeal fee shall be returned to the appellant upon request. In accordance with Article 440 of the Code of Civil Procedure No. 1086, as referenced by Temporary Article 3 of the Code of Civil Procedure No. 6100, the possibility of appeal for correction of the judgment is closed. The decision was made unanimously on November 26, 2018.

Supreme Court of Appeals, Case No. 2017/458 E., Decision No. 2021/614 K.

"Case Law Text"

COURT: Civil Court of Peace

1. Between the parties "the rented Following the trial in the case of "eviction," the decision of the Istanbul Anadolu 12th Civil Court of Peace, which accepted the case, was appealed by the defendant's lawyer. The Supreme Court (Closed) 6th Civil Chamber reviewed the case and overturned it, but the Court resisted the Special Chamber's reversal decision.
2. The decision to resist was appealed by the defendant's attorney.
3. After reviewing the documents in the file, the General Assembly of Law considered the matter as follows:

I. THE TRIAL PROCESS
Plaintiff's Claim:
4. In the lawsuit petition, the plaintiffs' attorney stated that the defendant bank, from December 1, 1994, occupied the warehouse/shop belonging to their client, ..., and independent section number 3, which belongs to all the plaintiffs tenant They stated that the properties belonging to their clients were transferred to the defendant by a company established by their clients and some of their ancestors rent that the property was granted, and that with the closure of the company, the ownership of the real estate passed to their clients, and that long-term rights are stipulated in the Turkish Code of Obligations No. 6098 (TBK) tenancy Article 347 was enacted as a solution to their ongoing relations, which lasted for more than ten years rent In their relations, they stated that the possibility of eviction at the end of the term without giving a reason was introduced, and that their clients Orhan Enver, Necat and … issued notices through Kadıköy 7th Notary Public dated 15.08.2014 with daily register number 13697, … through Kadıköy 21st Notary Public dated 15.08.2014 with daily register number 22463, Suzan, Derya, Erkan and … through Erdek Notary Public dated 15.08.2014 with daily register number 4420, and … through Kadıköy 25th Notary Public dated 18.08.2014 with daily register number 6245, and that at the end of the period rent contract They stated that they would not renew the contract and requested its termination and the eviction of the leased property, and claimed that the defendant bank did not respond to the notices, thus requesting the termination of the contract between their clients and the defendant bank rent contract They requested that the court order the termination of the contract, the eviction of the premises, and their delivery to their clients.
Defendant's Response:
5. In his response, the defendant's attorney stated that the plaintiffs, despite having no legal rights, sent a notice to his client regarding a contract to which they were not a party and filed a lawsuit demanding eviction rent contract the right to request termination rent that it belongs to the giver, and that the client bank has the warehouse shop and independent section number 3 in accordance with the contracts dated 01.12.2005 tenant that it exists in that capacity, with a starting date of 01.12.2005 rent in their contracts rent that the contract's term was one year, that this term expired on December 1, 2006, and that it was subsequently extended for one-year periods in accordance with Article 2 of the contract, and that the ten-year extension period of the contracts would expire on December 1, 2016, and that the ten-year extension period had not yet expired rent The eviction of leased properties cannot be decided based on contracts rent The persons who gave it are Niyazi, Osman, Necat, Enver, Ahmet, Orhan and …, dated 01.12.1999 rent contract Even if this were taken into account, the plaintiffs' eviction requests could not be accepted because the duration of this contract was three years, which expired on December 1, 2002, and the ten-year extension period would end on December 1, 2012. According to temporary article 2 of the Law No. 6101 on the Entry into Force and Application of the Turkish Code of Obligations (Law No. 6101), the extension period did not exceed ten years as of the date the Turkish Code of Obligations entered into force, and the remaining period.. rent The defendant requested that the case be dismissed, arguing that the plaintiffs did not have the right to request eviction before 2017 because the lease period was less than five years.
Court order:
6. With the decision of the Istanbul Anatolian 12th Civil Court of Peace dated 06.05.2015 and numbered 2014/878 E., 2015/350 K.; three separate contracts between the parties dated 01.12.1994, 01.12.1999 and 01.12.2005 rent the contracts were drawn up on 01.12.1994 rent contract Since the five-year extension period begins on December 1, 1999, the ten-year extension period expires on July 1, 2012, the date the Turkish Code of Obligations (TBK) came into force, and according to temporary article 2 of Law No. 6101, Article 347 of the TBK will begin to be applied two years after July 1, 2012. In this case, the lawsuit should have been filed after July 1, 2014. Since the lawsuit was filed by the plaintiff's attorney on December 18, 2014, Article 347 of the TBK can be applied as of this date rent the relationship started on 01.12.1994, and in the meantime, due to the change of ownership, the subsequent rent the contracts were made with the registered owners of the title deeds, not with the company, however rent their relationship has continued uninterrupted since December 1, 1994, new rent contract a new way to do it rent it did not establish a relationship, neither with regard to the Real Estate Law No. 6570 Rent According to the Law on it (Law No. 6570) and also the currently in force Turkish Code of Obligations rent contract tenant Since the contract is automatically extended unless terminated by the parties, the fact that the parties have come together and determined new terms during the extended periods does not constitute a new agreement rent This does not mean that a relationship has been established, therefore there is more than one rent contract even if it has been done, the first one in the calculation of the ten-year period rent contract The court ruled that the case should be accepted on the grounds that the eviction condition stipulated in Article 347 of the Turkish Code of Obligations has been met, and therefore the case should be adjourned between the parties rent contract The court ruled for the termination of the contract and the eviction of the defendant from the properties in question.
Special Chamber's Decision to Overturn Ruling:
7. The defendant's attorney filed an appeal within the prescribed time limit against the aforementioned decision of the court.
8. The decision of the 6th Civil Chamber of the Supreme Court of Appeals (Closed) dated 20.11.2015, numbered 2015/7514 E., 2015/10173 K., states: "...Among the files..." rent Upon examination of the contracts; For rent The contract, dated 01.12.1994 and valid for 5 years, was concluded between the non-party company … İnş. Taah. Aluminum Industry and Trade Inc. and the defendant rent contract The defendant was granted independent sections 1 and 3 of the building located on parcel number 158 to be used as a bank branch rent It has been given. Rent while the relationship continues renter The independent unit numbered 1, which is the subject of the lawsuit, was transferred to one of the plaintiffs, ..., on December 28, 2004, and a one-year lease agreement was entered into between the defendant and one of the plaintiffs, ..., regarding the independent unit numbered 1, which is a shop with a warehouse, starting on December 1, 2005 rent contract It has been arranged. Independent section number 3 was transferred to the plaintiffs on 29.12.1995, and a one-year lease agreement was signed between the defendant and one of the plaintiffs, ..., regarding this property, starting on 01.12.2005 rent contract It has been arranged.
According to Article 347 of the Turkish Code of Obligations No. 6098, residential and covered workplaces.. in their rents tenantUnless notice is given at least fifteen days before the expiration of a fixed-term contract, the contract shall be deemed to be extended for one year under the same conditions. For rent The party granting the contract cannot terminate it based on the expiration of the contract term. However, at the end of the ten-year extension period.. rent The provider may terminate the contract without giving any reason, provided that it gives notice at least three months before the end of each extension year following this period. Although between the parties.. rent Even if the relationship dates back to before, a new written contract can be drawn up by the parties, starting on December 1, 2005, with a duration of one year rent The contracts have been signed. According to these contracts, in order for the provision stipulated in the last sentence of the first paragraph of Article 347 of the Turkish Code of Obligations to be applicable, the contract must be automatically renewed and extended year by year from December 1, 2006, and this renewal must reach a ten-year extension period. In the concrete case, the most recent written contract.. rent to the contract According to the court, although the ten-year extension period has not expired, the court ruled between the parties.. rent in writing based on the duration of the relationship rented The decision was overturned on the grounds that "the ruling to release her was incorrect, therefore the judgment had to be reversed.".
The Decision to Resist:
9. The Istanbul Anatolian 12th Civil Court of Peace, in its decision dated 30.03.2016 and numbered 2016/94 E., 2016/214 K., ruled that the defendant first acquired the disputed properties on 01.12.1994 rented and since then tenant that, however, the parties had a written agreement with the previous owner rent contract Finding it insufficient, they entered into a new written contract on December 1, 2005, and the creation of a new written contract constituted a new.. rent because it did not establish a relationship, therefore, in the application of Article 347/1 of the Turkish Code of Obligations, written in later periods rent contract Whether it is done or not is irrelevant; the ten-year period during which the parties had the opportunity to vacate the premises but did not do so rent Unless the intention to grant is renewed, the first term in the calculation of the ten-year period.. rent contract the date it was made should be taken as the basis, many rent in the relationship the parties in writing every year rent contract renewed, in this case rent It is not possible to accept that the will to grant is renewed every year, according to the Law rent giver rent The decision to resist was made on the grounds that the upper limit of the commitment and willingness to give was determined to be ten years.
Appeal Against the Decision to Resist:
10. The decision to resist was appealed by the defendant's attorney within the prescribed time limit.

II. DISPUTE
11. The dispute brought before the General Assembly of Law through the appeal process concerns whether the ten-year extension period, as per Article 347 of the Turkish Code of Obligations, has expired in the specific case, and the decision to be made based on this conclusion rent contract The issue at hand centers on whether a decision can be made to terminate the contract and order the eviction of the properties in question.

III. REASONING
12. In order to resolve the dispute, it is first beneficial to examine the relevant legal regulations.
13. Rent contract rent the giver's use of something or the benefit derived from its use to the tenant to give up tenant's in return, it was agreed upon rent It is a contract in which the party undertakes to pay the price. As can be understood from this definition.. rent contract It is a contract involving reciprocal obligations.
14. In other words rent contractA contract is an agreement that, in exchange for payment, grants one party or another the temporary use of movable or immovable property or a right. Rent contract It is formed by the merging of mutual wills. Rent contract parties, rent benefiting from the given goods in exchange for payment tenant consenting to benefit from is the lessor.
15. Rent in the contract tenant's my primary duty obligation, rent pay the price; rent The primary obligation of the giver is, rented rent during tenant's It is to make it readily available for use. According to Article 301 of the Turkish Code of Obligations "To rent giving, rented "The company is obliged to deliver the goods in a condition suitable for the intended use specified in the contract on the agreed date and to keep them in that condition throughout the contract period." For rent The fulfillment of the seller's delivery obligation alone does not constitute fulfillment of the primary performance obligation; this obligation also applies throughout the contract period rented They are obliged to keep it in a usable condition.
16. At this stage, residential buildings and covered business premises rent It would be beneficial to provide clarification regarding the contracts.
17. The legislator, residential and covered workplaces their rents The Turkish Code of Obligations specifically regulates this in a separate category. This is because it concerns residences and covered workplaces in their rents tenantbecause it constitutes the weaker party to the contract rent the nature and content of their contracts tenant It is necessary for it to consist of provisions and rules aimed at protection (Eren, F.: Special Provisions of Law of Obligations, Ankara 2019, p. 398).
18. Residential and covered commercial properties rent Contracts may be agreed upon for a fixed or indefinite period. If a period is explicitly or implicitly specified, the contract shall terminate upon the expiration of that period without any notice rent contract for a specific period rent contractThese are contracts with a defined start date and a defined duration (Ceran, M.: Rent contract and Eviction Cases, Ankara 2019, p. 130).
19. Fixed-term residential and covered business premises rentsThese can be terminated by notification or by legal action. Fixed-term contracts relating to residential and covered business premises rent The termination of contracts by notification is regulated in Article 347 of the Turkish Code of Obligations. According to the said article, "Residential and covered workplace contracts..." in their rents tenantUnless notice is given at least fifteen days before the expiration of a fixed-term contract, the contract shall be deemed to be extended for one year under the same conditions. For rent The party granting the contract cannot terminate it based on the expiration of the contract term. However, at the end of the ten-year extension period.. rent The provider may terminate the contract without giving any reason, provided that it gives notice at least three months before the end of each extension year following the aforementioned period.
Indefinite period rent in their contracts, tenant Always, rent the giver rent Ten years after its commencement, they may terminate the contract by giving notice of termination in accordance with general provisions.
In cases where the right of termination can be exercised according to general provisions, rent giving or tenant can terminate the contract."
20. On the other hand, according to temporary article 2 of the Law No. 6101 on the Entry into Force and Application of the Turkish Code of Obligations, “The provision of the last sentence of article 1 of this Law shall apply only once, to the provisions of the last sentence of the first paragraph of article 347 of the Turkish Code of Obligations that were foreseen before the entry into force of this Law rent The provision states: "For contracts where the ten-year extension period has not expired but the remaining period is less than five years, it shall apply five years after the date of entry into force; for contracts where the ten-year extension period has expired, it shall apply two years after the date of entry into force.".
21. For a fixed term rent In contracts, if the contract term has not completed the ten-year extension period, and the remaining term is shorter than five years, then five years after the effective date of the Law rent The party granting this right will be able to exercise it. If the ten-year extension period has expired, a request for eviction may be made two years after the date this Law enters into force. Since Law No. 6101 entered into force on July 1, 2012, for contracts whose ten-year extension period has expired, the period will be from July 1, 2014 rent The party granting the contract may terminate it without giving any reason, by giving notice at least three months before the end of each extension year following the ten-year extension period. If the extension period has not reached ten years and the remaining period is less than five years, the termination will be applied five years after the effective date of the Law, provided that notice is given at least three months before the end of each extension year following July 1, 2017 rent The landlord may request eviction without giving any reason.
As clearly stated in Article 347 of the Turkish Code of Obligations (TBK), residential and covered workplaces.. in their rents tenantThe contractor may terminate a fixed-term contract by giving notice at least fifteen days before the expiration of the contract. However, tenant Unless such notification is given, the contract shall be deemed extended for one year under the same terms and conditions. In return.. rent The party providing the service does not have the same opportunity, therefore they do not have the right to terminate the contract by giving fifteen days' notice before the end of the contract period. For rent The party granting the contract may terminate it without giving any reason, provided that they give notice at least three months before the end of each extension year following the ten-year extension period. This provision.. rent Since it is a mandatory provision in favor of the party giving the contract, the parties cannot include a clause to the contrary in the contract.
23. Even if it's after a ten-year period, I'm still here rent The right to give notice of termination, which creates a disruptive change in favor of the employer, has been granted. For rent The contracting party was not granted such a right to terminate the contract under Law No. 6570 (Eren, pp. 416-417).
24. For rent In order for the party providing the service to benefit from Article 347 of the Turkish Code of Obligations, the contract drawn up between the parties must first be in effect rent in the contract The term must expire, and without a new contract being made between the parties, the initial contract must be extended by one year at a time, as stipulated in Article 347 of the Turkish Code of Obligations, for the total to be ten years. After ten years, notice of termination must be given at least three months before the end of the last extension year, and the lawsuit must be filed at the end of the extension year.
25. After the initial agreement, the parties will meet again to renegotiate rent contract If they have done so, the ten-year period should be calculated from the end date of this contract. That is, each renewal made in each period contract It restarts the ten-year period (Ceran, p. 930).
26. If the legislator's intention had been to use the date of the initial contract as the measure, they would not have used the concept of extension period at all rent ten years after the beginning, for a specific period rent in their contracts rent It would decree the termination of the relationship. Therefore, every action taken.. rent contract It will be considered a new contract, and the expiry date of this contract is important. Otherwise, the concept of extension period will have no meaning (Sever, Ö.: Housing and Covered Workplace) In their rents Termination of the Contract (bilka.org.tr, pp. 4-5).
27. While the ten-year extension period is still in effect, the parties, by a subsequent new agreement, enter into a new agreement rent to determine the duration or rent If they wish to determine how long their relationship will continue, then as a rule, the parties' wishes should be respected (Yağcı, K.: Fixed Term Residence and Covered Workplace) In their rents The Starting Point of the Ten-Year Extension Period and For rent (The Earliest Time Frame in Which the Employer Can Give Notice of Termination, Istanbul Law Journal 2018, p. 659).
28. In light of the explanations given above, let's turn to the specific case; rent The contract, dated December 1, 1994 and valid for five years, was concluded between the non-party company ... Construction, Contracting, Aluminum Industry and Trade Inc. and the defendant rent contract The defendant was granted independent sections 1 and 3 of the building located on parcel number 158 to be used as a bank branch rent It has been given. After this.. rent The contract between Niyazi, Osman, Necat, Enver, Ahmet, Orhan and … and the defendant, dated 01.12.1999 and valid for three years rent contract It has been arranged. Rent While the relationship continued, the independent unit numbered 1, which is the subject of the lawsuit, was transferred to Osman Şişik, one of the plaintiffs, on December 28, 2004, and a lease agreement was entered into between the defendant and one of the plaintiffs, ..., regarding the independent unit numbered 1, which is a shop with a warehouse, with a commencement date of December 1, 2005 and a duration of one year rent contract It has been arranged. Independent section number 3 was transferred to the plaintiffs on 29.12.1995, and a one-year lease agreement was signed between the defendant and one of the plaintiffs, ..., regarding this property, starting on 01.12.2005 rent contract It has been arranged.
29. Between the parties rent their relationship prior to that, dated 01.12.1994 rent contract Even though it started with that, the parties came together and first signed an agreement dated 01.12.1999 with a duration of three years rent contract, and then, dated 01.12.2005 and lasting for one year rent They have signed their contracts. As stated in the explanations section, after the first contract, the parties came together again to sign a new one rent contract If they have done so, the ten-year period should be calculated from the end date of this contract. That is, each renewal.. contract It restarts the ten-year period. According to the specified agreements, in order for the provision stipulated in the last sentence of the first paragraph of Article 347 of the Turkish Code of Obligations to be applicable, the date of 01.12.2005 is required rent contract The contract must be automatically renewed year by year from its expiry date of December 1, 2006, reaching a ten-year extension period. The last contract was drawn up on December 1, 2005 rent to the contract According to this, the ten-year extension period has not expired. In this case rent from the perspective of the party giving the notification, as specified in Article 347 of the Turkish Code of Obligations rent contract The conditions for its termination have not been met.
During the discussions held at the 30th General Assembly of Law, rent contract If the parties change through renewal, a new contract will undoubtedly be in effect, and unless otherwise agreed, the ten-year extension period will be determined according to the new contract rent contract due to the era or rented If there is a change of party due to a change of ownership, unless otherwise agreed, the existing rent contract will continue and the ten-year extension period is current rent to the contract it will be calculated accordingly, even if some terms of the contract have changed, this situation will create a new one rent contract that doesn't mean it was done, first rent contract The documents dated 01.12.1999 and 01.12.2005, which were prepared after the year 1994 rent The opinion was that the contracts were signed with the new owners, and since the new owners would be parties to the first contract pursuant to Article 310 of the Turkish Code of Obligations, the conclusion of a new contract would not nullify the first contract; therefore, the dissenting decision should be upheld; dated 1994 rent contract what the new owners did after the term expired rent in the contract new rent the price and a new one rent its duration was determined, with a starting date of 01.12.1999 and a duration of three years rent contract renovation contract not a new contract, this contract expired on 01.12.2002, and after its expiration, it was renewed for a period of one year at a time rent contract It was prolonged, meanwhile, on 28.12.2004, independent section number 1 was transferred to ..., and on 01.12.2005, with the owners for independent sections number 1 and 3.. rent contract and according to the contract rent its duration is 1 year, rent The price was also redefined, and this contract, which was extended for three years in one-year increments, cannot be considered a new contract like the contract dated 01.12.1999 rent to the contract Although it was argued that the extension period would begin on December 1, 2002, and the ten-year extension period would end on December 1, 2012, and that, according to Article 2 of the Provisional Clauses of Law No. 6101 on the Entry into Force and Application of the Turkish Code of Obligations, since the remaining period is shorter than five years as of the effective date of the Turkish Code of Obligations (July 1, 2012), it would be applied five years after the effective date, and that the lawsuit should be dismissed on the grounds that it could have been filed on July 1, 2017 but was filed on December 18, 2014, these views were not adopted by the majority of the Board.
31. In this situation, while the Special Chamber's reversal decision, which was also adopted by the General Assembly of Law, should have been followed, persisting with the previous decision is contrary to procedure and law.
32. Therefore, the decision to resist must be overturned.

IV. CONCLUSION:
For the reasons explained above;
the appeal of the defendant's attorney is accepted, and the dissenting decision is REVERSED in accordance with Article 429 of the Code of Civil Procedure No. 1086, which is being applied pursuant to Article 3 of the Provisional Provisions of the Code of Civil Procedure No. 6100, for the reasons indicated in the Special Chamber's reversal decision.
The appeal fee shall be returned to the payer upon request.
In accordance with Article 440 of the same Law, the right to request a correction of the decision is open within fifteen days from the date of notification of the decision. The decision was rendered by majority vote on May 25, 2021.

NEGATIVE VOTE

The lawsuit is based on Article 347 of the Turkish Code of Obligations rent contract It relates to requests for termination and eviction.
The defendant bank, with a commencement date of December 1, 1994 rent contract with a 5-year term tenant And rent The company providing this is … ……. Inc., and it is located in the leased area rent While the relationship continued, shop number 1 passed to the plaintiffs in 1995, was independently registered in the name of ... in 2004, and its owner is ..., and shop number 3 also passed to the plaintiffs and ... in 1995, and finally to the plaintiffs in 2010 with the transfer of ...'s share to the plaintiffs.
Start date: 01.12.1994 rent contract with the defendant to its tenancy When ownership changed during the continuation of the project, dated 01.12.1999 rent contract new rent The agreement, with its price and duration determined, was made with the new owners on December 1, 2005 rent contract New by the owners of independent sections numbered 1 and 3 rent price and rent The duration is set at 1 year. Rent While the relationship was ongoing, notices dated August 15, 2014 and August 18, 2014 were sent to the defendant via a notary public and served, and this lawsuit was filed on December 18, 2014.
The dispute concerns whether the lawsuit was filed within the prescribed time limit according to Article 347 of the Turkish Code of Obligations rent from the contract later rent Due to a change of ownership while the relationship continues, the contracts made with the new owners are new rent contract The key issue is whether this is a continuation of the previous one, and accordingly, how the ten-year extension period will be determined.
As mentioned above, the first rent contract rent due to the expiration of its term and the change of owners in the interim, dated 01.12.1999 rent contract It has been regulated. Residential and covered commercial spaces in their rents tenant Unless notice is given at least 15 days before the expiration of fixed-term contracts, the contract is deemed to be extended for one year under the same conditions. This also applies unless the new owner initiates an eviction lawsuit due to necessity rent contract It continues from the perspective of the new owner. However, the 1994 date rent contract what the new owners did after the term expired rent in the contract new rent the price and a new one rent a defined term, 3 years rent contract This has been done. In this case, the intentions of the parties have changed rent contract to end and start a new one rent contract It must be accepted that this is to be done. A contract with a commencement date of 01.12.1999 and a duration of 3 years rent contract renovation contract It is not a new contract. Rent The duration has been set as a completely different period than in the previous contract. Rent duration, rent contract It is one of the essential elements; changing this would create a new one rent contract This leads to the conclusion that... This contract expires on December 1, 2002, and since the parties have not entered into a new contract, they have agreed to a one-year extension after the expiration of the previous term rent contract It dragged on, meanwhile in 2004 independent section number 1 passed to ..., on 01.12.2005 with the owners for independent sections number 1 and 3 rent contract done and in the contract rent Its duration is 1 year, rent The price has also been redefined. This contract is a three-year extension, extended year by year, and cannot be considered a new contract like the one dated 01.12.1999. The contract dated 01.12.1999 cannot be considered a new contract by the new owners rent It is a contract with a defined duration, and the duration, which is an essential element of the contract, is a new period; the parties' intention is to create a new period rent contractThe contract dated 01.12.2005 was already a new 3-year contract rent extended from its expiry date of 01.12.2002 rent contract Ultimately, it's still a one-year contract with the same start date. Rent Changing the price over time is a new rent contract This does not mean that it is in line with the ordinary course of life. However, the fact that the duration of the last contract is 1 year does not lead to the conclusion that the contract, which is a new contract dated 01.12.1999, has been amended and is a new contract again. By making the contract for 1 year, the mutual intention is to include the one-year period, which is already extended by law, in the contract rent contract The conclusion is that it has been extended by one year. This contract.. rent contract Since it relates to a legal extension of 1 year, a new rent contract Since it cannot be counted, and the extension period started on December 1, 2002, and the 10-year extension period ended on December 1, 2012, according to temporary article 2 of the Law on the Entry into Force and Application of the Turkish Code of Obligations No. 6101, the effective date of the Turkish Code of Obligations No. 6098 is July 1, 2012. Since the remaining period is less than five years, it will be applied five years after the effective date. While this lawsuit could have been filed on July 1, 2017, it was filed on December 18, 2014. Therefore, the acceptance of the lawsuit, which should have been dismissed on this ground, was incorrect.
For the reasons explained above, I am of the opinion that the judgment should be overturned, and therefore I do not agree with the majority's reasoning for overturning it.

The lawsuit is based on Article 347 of the Turkish Code of Obligations rent contract termination and rents It relates to the request for release.
The dispute is whether the ten-year extension period has expired according to Article 347/1,c.3 of the Turkish Code of Obligations, and the outcome of that decision will be determined accordingly rent contract The issue concerns whether a decision can be made to terminate the contract and order the eviction of the properties in question.
With the provision of Article 347/1, paragraph 3 of the Turkish Code of Obligations No. 6098, which entered into force on July 1, 2012, rent The repealed Law No. 6570 granted the holder a termination option that was not present in the Turkish Civil Code. For rent by the giver via notification rent contract A temporal limitation has been placed on the restriction of property rights due to the lack of authority to terminate them. According to Article 347/1, paragraph 3 of the Turkish Code of Obligations, "at the end of the ten-year extension period..." rent The party granting the contract may terminate it without giving any reason, provided that they give notice at least three months before the end of each extension year following this period. There is no need to give a reason for termination under the right of termination stipulated in the article.
According to the prevailing view in legal doctrine, the ten-year extension period is determined by agreement rent It starts from the end of its term. Accordingly rent the provider reserves the right to terminate the contract without giving a reason, rent The holder has the option to use this right by notifying the relevant authority at least three months before the end of each additional year, which will commence after the completion of the ten-year extension period that follows the initial termRent (term + ten-year extension period + (at least) one-year extension period). The Supreme Court's practice regarding the commencement of the ten-year extension period is in line with the prevailing view in legal doctrine.
Rent contract If the parties change through renewal, a new contract will undoubtedly be in effect, and unless otherwise agreed, the ten-year extension period will be determined according to the new contract. However, rent contract due to the era or rented If there is a change of party due to a change of ownership, unless otherwise agreed, the existing rent contract It continues and a ten-year extension period is in effect rent to the contract It is calculated accordingly. As an accepted view in legal doctrine, rented or tenant unless it changes, new rent contract, actually old rent contract It should be accepted as a continuation and the ten-year extension period, the first rent contract It should commence from the moment the term expires. However, if the newly agreed extension period exceeds the ten-year extension period in the existing contract, it should commence at the end of the newly agreed period, not at the end of the ten-year period rent It should be accepted that the provider shall have the right to terminate the contract.
One of the parties rent contract If the parties repeatedly renew the contract after making the initial agreement, this shall be considered a deferment agreement, and the ten-year period shall commence from the end of the deferment period, without investigating whether the parties intend to defer the contract rent contracts for indefinite periods rent This will create a significant time difference between the contracts (Kürşat Yağcı – Fixed Term Housing and Covered Workplace) in their rents The Starting Point of the Ten-Year Extension Period and For rent (The earliest time frame in which the employer may give notice of termination). Even if some terms of the contract have changed, this does not constitute a new situation rent contract This should not be interpreted as meaning that it has been done. In fact, the fact that the owner has changed and a new one has been established with the new owner.. rent contract This should not change the outcome, as the new owner, according to Article 310, rent contract is legally bound by the previous owner, and therefore the same applies to the new owner. Therefore.. rented And tenant As long as it doesn't change, it's just old rent in the contract The changes made must be accepted and the first ten-year period rent contract It should be calculated from the date of expiration of the term (Assoc. Prof. Dr. M. Murat İnceoğlu) Rent Law Volume 2. Respectfully, pp. 335-336).
Finally, according to this legislative change, the contract periods will have expired tenants To avoid facing sudden changes in circumstances, Article 2 of the Law on the Entry into Force and Application of the Turkish Code of Obligations states that "...For those whose ten-year extension period has not expired but whose remaining period is shorter than five years, it shall be applied five years after the date of entry into force; for those whose ten-year extension period has expired, it shall be applied two years after the date of entry into force." tenants It has introduced a protective regulation.
In light of the statements made and legal regulations, when the specific case is examined; the immovable property, described as "usable shop and office," was leased by … A.Ş. to Tekstil Bank A.Ş. on December 1, 1994, for a period of 5 years rent contract with It has been rentedThe shops numbered 1 and 3, which are the subject of the contract, were under the ownership of … Inc., while the ground floor shop number 1 was transferred to the plaintiffs in 1995, and in 2004 it was registered in the name of … as a full share. The first floor shop number 3 was transferred in the land registry in 1995 as a 1/7 share to the plaintiffs Cevat, Orhan, Enver, Osman, Ahmet, Necat and …, and it is understood that on 5.3.2010 it was transferred to the heirs of the (1/7) shareholder Niyazi, the plaintiffs Suzan, Engin, Derya and …. In this case, the first 1994 rent It is undisputed that the contracts dated 01.12.1999 and 01.12.2005, which were concluded after the contract date, were signed with the new owners. The tenant And rented There is no claim that the contract has changed. In this case, since the new owners will be parties to the first contract pursuant to Article 310 of the Turkish Code of Obligations, the fact that a new contract has been made will not nullify the first contract, and the date of this contract will be taken as the basis for calculating the period. Accordingly, the year of extension following the 10-year extension period (1994+5+10+1) from the end of the contract made in 1994 for a period of 5 years is calculated as 2010. According to Article 347/1,c.3 of the Turkish Code of Obligations No. 6098 and temporary article 2 of the Law on the Entry into Force and Application of the Turkish Code of Obligations, the 10-year extension period expired on July 1, 2012, the date the law entered into force, and considering that the regulation will enter into force 2 years later according to the same article, it must be accepted that the right of termination under Article 347 of the Turkish Code of Obligations can be exercised with the notice given on December 1, 2014. With these considerations in mind, we believe the court's decision to accept the case on the grounds that the conditions for eviction have been met is correct. We cannot agree with the majority's opinion to overturn the decision, which was based on calculating the duration according to the renewed contract, as we support their decision for the reasons stated above.

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