Rental Agreement and Rental Law Attorney

Lease agreements are contracts that grant the right to use and enjoy a property and impose obligations on both parties. According to Article 299 of the Turkish Code of Obligations No. 6098, 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, in return, undertakes to pay the agreed rent.

Formal Requirements for Lease Agreements

According to Article 327 of the Law of Obligations

• A lease agreement does not need to be in writing to be valid.
• Lease agreements that are made verbally and actually implemented are also valid if proven.
• In ordinary lease agreements, if the tenancy relationship continues even after the fixed-term lease agreement expires, the lease agreement transforms into an indefinite-term lease agreement.

Term in the Lease Agreement

According to Article 347 of the Turkish Code of Obligations, in the rental of residential and covered business premises, if the lease agreement is not terminated by the tenant with 15 days' prior written notice, the agreement is deemed to be extended for another year under the same conditions.

According to Article 322 of the Turkish Code of Obligations, in ordinary leases, unless otherwise agreed in the contract, the tenant may sublet the leased property. However, in the leasing of residential and covered business premises, the tenant cannot sublet the leased property without the written consent of the landlord.

According to Article 323 of the Turkish Code of Obligations, a tenant may transfer the lease with the written consent of the landlord. The landlord cannot refuse to give this consent unless there is a valid reason. However, the former tenant remains jointly and severally liable for rent and ancillary payments until the termination of the lease, for a maximum period of two years.

Rent Lawsuit

Lawsuits in rental law generally arise from disputes between tenants and landlords. Rental lawsuits typically involve rent determination and eviction proceedings. Eviction lawsuits stem from reasons such as bankruptcy, default, housing needs, business premises needs, notices, reconstruction and development, assignment of leased property, written undertakings, expired lease agreements, breach of contract, and the death of the tenant. Furthermore, debt collection and enforcement proceedings are also conducted within the scope of rental lawsuits.

Types of Rental Income Lawsuits

Common lawsuits between tenants and landlords:

• Unpaid rent debts,
• Eviction cases due to necessity,
• Lease agreements for workplaces and residences,
• Filing rent determination lawsuits,
• Construction processes of workplaces or residences,
• These can be summarized as eviction cases.

Eviction Grounds in Rental Law

According to the Turkish Code of Obligations No. 6098, the grounds for eviction are as follows:

• Unpaid rent debts,
• Obtaining a Written Eviction Undertaking
• The tenant's need for a residential or commercial property arises,
• Reconstruction of the property,
• The lease agreement has completed 10 years
• This involves issuing two warning notices to the tenant with valid reasons.

What is a rent determination lawsuit? What are the scopes of rent lawsuits? What are the validity conditions of a lease agreement? What are the grounds for eviction in Rental Law? How long do rent lawsuits take? And for more information on these and similar issues, and for other questions, you can obtain consultancy services from our experienced Rental Law attorneys.