LANDLORD'S LIABILITY: LEGAL ASPECTS, SUPREME COURT DECISIONS AND PRACTICES

LANDLORD'S RESPONSIBILITY: LEGAL ASPECTS AND PRACTICES

ENTRANCE

Lease agreements are one of the most common legal documents used in residential and commercial property rentals. The rights and obligations of both the landlord and the tenant are detailed in these agreements. This article will examine the landlord's responsibilities, legal aspects, and practical applications.

LANDLORD'S PRIMARY RESPONSIBILITIES

The landlord has certain basic responsibilities when granting the tenant the right to use the leased property. These responsibilities are designed to ensure the tenant can use the property efficiently and safely. Here are the landlord's basic responsibilities:

1. Delivery of the Leased Property:
   • The landlord is obligated to deliver the leased property to the tenant in a usable condition and in accordance with the terms of the lease agreement at the commencement of the lease period.
   • The rented property must be complete, clean, and in usable condition.
2. Maintenance and Repair of the Leased Property:
   • The landlord is responsible for maintaining and repairing the leased property throughout the lease term.
   • If the rented property deteriorates, is damaged, or becomes unusable, the landlord is obligated to immediately carry out the necessary repairs.
3. Compensating the Tenant for Damages:
   • The landlord is obligated to compensate the tenant for any damages incurred due to the defective or incomplete delivery of the leased property.
   • Any financial losses incurred by the tenant due to defects in the rented property must be compensated by the landlord.

LANDLORD'S LEGAL RESPONSIBILITIES

The landlord's responsibilities are regulated in detail in the Turkish Code of Obligations (TBK). The TBK defines the landlord's responsibilities both before and after delivery. Here are the landlord's responsibilities under the TBK:

1. Defective Delivery (Turkish Code of Obligations Articles 301-302):
   • The landlord is obligated to deliver the leased property in accordance with the contract. In case of defective delivery, the tenant may request the landlord to remedy the defect or reduce the rent.
   • If the defect is not remedied, the tenant has the right to terminate the contract.
2. Obligation to Maintain and Repair (Turkish Code of Obligations, Article 303):
   • The landlord is responsible for maintaining the leased property and carrying out necessary repairs throughout the lease term.
   • If the landlord fails to fulfill this obligation, the tenant may carry out the repairs to the rented property themselves and claim the costs from the landlord.
3. Protecting the Rights of the Tenant (Turkish Code of Obligations Articles 304-305):
   • The landlord is responsible for ensuring that the tenant can use the rented property in a safe and secure manner.
   • The landlord must not interfere in any way that infringes upon the tenant's right of use.

LANDLORD'S LIABILITY AND COURT DECISIONS

The Turkish judicial system has numerous precedents regarding landlord liability. These decisions provide important guidance in protecting the landlord's obligations and the tenant's rights.

Supreme Court Decisions

“Case Law Text” COURT: Istanbul Anatolian 5th Civil Court
DATE: 10/04/2014
NUMBER: 2013/740-2014/294

The decision of the local court regarding the compensation and debt claim, dated and numbered as above, was appealed by the plaintiff within the prescribed time limit. Having read all the documents in the file and considered the matter
, and given that the court's decision was made based on its assessment of the evidence and that there was no error in that assessment, the appeal is deemed unfounded and is rejected. The judgment, which is in accordance with procedure and law, is AFFIRMED, and the appeal costs listed below shall be borne by the appellant. This decision was reached by majority vote on November 12, 2015.

DISSENTING OPINION
The lawsuit concerns claims for material and moral damages and the return of the security deposit due to the justified termination of the lease agreement by the tenant.
It is undisputed that the plaintiff, a tenant in the leased property owned by the defendant, terminated the contract before its expiration date on February 25, 2013, after discovering that the building was severely damaged and at risk of collapse in an earthquake, and subsequently vacated the property by handing over the keys to a notary public. The dispute concerns whether the defendant landlord was at fault in the termination of the contract and whether the plaintiff tenant is entitled to compensation.
Articles 301, 304, and 308 (Articles 249 and 250 of the former Code of Obligations) of the Turkish Code of Obligations No. 6098 stipulate that the lessor is obligated to deliver the leased property in a condition suitable for the intended use specified in the contract and to maintain it in that condition throughout the contract period. If the leased property is delivered with significant defects, the lessee may invoke the provisions relating to the lessor's default or the lessor's liability arising from the subsequent defects. Unless the lessee proves that the lessor is not at fault, the lessee may demand compensation from the lessor for damages arising from the defective property. Article 126 of the same code, referenced above, stipulates that in case of default, the creditor may demand performance and delay compensation, as well as compensation for damages suffered due to the premature termination of the contract. Furthermore, the Turkish Code of Obligations also addresses the liability of the building owner under the heading of strict liability. Article 69 (Article 58 of the Turkish Code of Obligations) also stipulates that the owner of a building or other structure is obligated to compensate for damages arising from defects in its construction or deficiencies in its maintenance.
The defendant, who is both the landlord and the owner of the property, has legal responsibility for delivering the leased property to the plaintiff in a severely damaged state and at risk of collapse due to an earthquake. Considering that the fact that the "risky building" designation was not registered in the land registry at the time the lease agreement was made reduces the liability of the plaintiff tenant, not the landlord, the fault of the parties should have been determined, and the plaintiff's claim for compensation should have been evaluated accordingly. Therefore, the decision to dismiss the case on the grounds that the defendant landlord was not at fault is incorrect, and the failure to make a decision, whether positive or negative, regarding the claim for the return of the deposit is also incorrect. For these reasons, I believe the judgment should be overturned, and I cannot agree with the majority's decision to uphold the ruling.

CONCLUSION

The landlord's responsibilities are of great importance for the proper functioning of lease agreements and the protection of the tenant's rights. These responsibilities, detailed in the Turkish Code of Obligations, ensure that the landlord delivers and maintains the leased property in a proper manner and protects the tenant's rights. If the landlord neglects these obligations, the tenant can seek redress through legal means and obtain compensation for damages. The landlord's fulfillment of these responsibilities will ensure the healthy continuation of the relationship between the tenant and the landlord.

Law Student Intern

Osman Recep Gülşen