RENTAL AT GAS STATIONS

A gas station is an area where petroleum, necessary for the operation of motor vehicles used in land transportation, is stored. Therefore, it represents a significant investment for operators. The leasing of a gas station plays a crucial role in ensuring the smooth operation of this business.

ELEMENTS OF THE AGREEMENT

The lease of a gas station is a commercial real estate lease. The contract agreed upon by the parties for this purpose is subject to the general provisions of the Turkish Code of Obligations, as it does not apply to residential and covered business premises leases. The parties to the contract are the lessor and the lessee. The leased property is the gas station itself, including its equipment and ancillary facilities. The contract must clearly specify the boundaries of the gas station and which items are included or excluded. The rental fee is determined between the parties based on factors such as the size and location of the gas station. Clearly defining the payment period and any rent increases will facilitate the process for both parties. The contract can be for a fixed or indefinite period. Fixed-term contracts are generally used for gas station leases. The contract should include any licenses and permits to be transferred to the parties, and the method of these transfers should be specified. Furthermore, the lessee's environmental protection obligations should be detailed in the contract.

PERMITS REQUIRED FOR A GAS STATION AND TENANT'S RESPONSIBILITIES

Fuel stations are subject to various licenses and permits that must be obtained from the Ministry of Environment and Urbanization, the Energy Market Regulatory Authority (EPDK), and local municipalities, as well as protection regulations due to their environmental impact and separate safety standards. As a result, the tenant must comply with the licenses, permits, and regulations regarding the leased fuel station. Failure to comply constitutes a breach of contract.

LANDLORD'S RIGHTS AND RESPONSIBILITIES 

The lessor must deliver the leased fuel station in a usable condition, equipped with necessary equipment, and on time, in accordance with the contract. The lessor is generally responsible for maintaining the leased property. The lessee must notify the lessor of any maintenance needs. However, the contract may stipulate that minor maintenance costs will be borne by the lessee. The lessor has the right to demand timely payment of the rent accordingly. The lessor is obligated to assist the lessee in the transfer of licenses and permits related to the use of the leased property. The lessee is responsible for ensuring the protection of these transferred licenses and permits.

TENANT'S RIGHTS AND RESPONSIBILITIES

The tenant is responsible for paying the rent in full and on time. The tenant must not use the leased property for purposes other than its intended use. It is the tenant's responsibility to ensure that the leased fuel station does not engage in any activity unrelated to its intended purpose. Such activity constitutes a breach of contract. The tenant is obligated to use licenses and permits properly and renew them when due. In this regard, avoiding environmental damage and complying with regulations are also within the tenant's area of ​​responsibility.