TENANT'S RESPONSIBILITIES: LEGAL OBLIGATIONS AND SUPREME COURT DECISIONS

TENANT'S RESPONSIBILITIES: LEGAL ASPECTS AND PRACTICES

ENTRANCE

Lease agreements are an important legal instrument that defines the rights and obligations between landlords and tenants. The tenant's responsibilities are crucial in terms of the use and maintenance of the leased property and compliance with the contract terms. This article will examine the tenant's responsibilities, their legal aspects, and their application in detail.

TENANT'S BASIC RESPONSIBILITIES

The tenant's responsibilities are defined within the framework of the lease agreement and relevant legislation. Here are the tenant's basic responsibilities:

1. Payment of Rent:
   • The tenant is obligated to pay the rent on the dates and in the manner specified in the contract. In case of late payment of rent, the landlord reserves the right to pursue legal action.
2. Use of the Leased Property:
   • The tenant must use the leased property for the purpose specified in the contract. Using the leased property for purposes other than those specified, or transferring it to a third party, is subject to the landlord's consent.
   • The tenant must use the rented property carefully and prevent any damage that may occur during its use.
3. Maintenance and Repair:
   • The tenant is responsible for the routine maintenance and repair of the leased property. This includes responsibilities such as cleaning the property and minor repair work.
   • The tenant must immediately report any major damage to the rented property to the landlord.
4. Protection of Leased Property:
   • The tenant is responsible for protecting and maintaining the leased property. They must take the necessary precautions to prevent damage to the leased property.
   • The tenant must obtain written permission from the landlord for any alterations or renovations to the rented property.

TENANT'S LEGAL RESPONSIBILITIES

The tenant's responsibilities are regulated in detail in the Turkish Code of Obligations (TBK). The TBK specifies the obligations that the tenant must fulfill both during the use of the leased property and throughout the lease term. Here are the tenant's responsibilities under the TBK:

1. Payment of Rent (Turkish Code of Obligations Article 313):
   • The tenant is obligated to pay the rent on the specified dates. Failure to pay the rent gives the landlord the right to terminate the contract.
2. Obligation to Use and Return (Turkish Code of Obligations Article 316):
   • The tenant must use the leased property in accordance with the contract and return it to the landlord in the same condition as received at the end of the lease term. Damages resulting from misuse of the leased property are the responsibility of the tenant.
3. Duty of Care (Turkish Code of Obligations Article 317):
   • The tenant is obligated to exercise due diligence in the protection and maintenance of the leased property. Damages resulting from the tenant's negligence must be compensated by the tenant.
4. Notification Obligation (Turkish Code of Obligations Article 318):
   • The tenant must immediately notify the landlord of any significant damage to the leased property or any claims made by third parties regarding the property. Failure to do so will result in the tenant being liable for any resulting damages.

TENANT'S RESPONSIBILITIES AND COURT DECISIONS

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

For example, the decision of the 18th Civil Chamber of the Supreme Court of Appeals, numbered 2008/6189 E., 2008/448 K., stands out as an important ruling regarding the protection of the tenant's obligations and the landlord's rights in lease agreements. This decision demonstrates how a landlord can protect their rights if the tenant neglects their obligation to maintain and repair the leased property.

Supreme Court Decisions

18th Civil Chamber, Case No. 2008/6189 E., Decision No. 2008/448 K.

TENANT'S RESPONSIBILITY FOR
COMMON EXPENSES
LAW NO. 634 ON CONDOMINIUM OWNERSHIP [Article 20]
LAW NO. 634 ON CONDOMINIUM OWNERSHIP [Article 22]

"Case Law Text"

The lawsuit requested the annulment of the objection to the enforcement proceedings and the continuation of the proceedings. The court partially accepted the claim, and the defendant appealed the judgment. After determining that the appeal was filed within the prescribed time limit, all the documents in the file were read and considered:

The lawsuit seeks the annulment of the objection to the enforcement proceedings initiated by the plaintiff manager against the defendant in the Kadıköy Fourth Enforcement Office under case number 2006/6800.

From the information and documents gathered in the file, it is alleged that the defendant, Dilek, did not pay the common expenses of independent unit number 64 in the condominium property during the period she was a tenant, and therefore enforcement proceedings were initiated. It is understood that the defendant tenant left the independent unit before the date of the enforcement proceedings and the filing of the present lawsuit, and her tenancy status ended.

According to Article 20 of the Condominium Law, condominium owners are responsible for the common expenses of the main property. Furthermore, according to Article 22, those who continuously benefit from one of the independent units based on a lease agreement, right of occupancy, or other reason are jointly and severally liable for the expenses, advance payments, and late payment penalties due from the condominium owner under Article 20. However, the tenant's liability is limited to the amount of rent they are obligated to pay. According to Article 22 of the Law, the tenant's responsibility for common expenses to the management of the main property exists only as long as their tenancy continues. Once they vacate the independent unit and their tenancy ends, their responsibility for common expenses also ceases. Therefore, the manager cannot file a lawsuit against such a person or demand payment of common expenses according to the provisions of the Condominium Law. In this specific case, since the defendant had vacated the independent unit he was renting before enforcement proceedings were initiated and the lawsuit was filed, and his tenancy status had thus ended, the lawsuit filed by the manager against the defendant tenant should have been dismissed due to lack of standing. However, the fact that the case was heard and a judgment was rendered on its merits is deemed incorrect.

Accordingly, establishing a written judgment without considering the principles explained above is incorrect, and the appeals are justified for these reasons. Therefore, the judgment is REVERSED pursuant to Article 428 of the Code of Civil Procedure, and the appeal fee shall be returned to the appellant upon request. This decision was made unanimously on June 23, 2008.

CONCLUSION

The tenant's responsibilities are of great importance for the healthy functioning of lease agreements and the protection of the landlord's rights. These responsibilities, detailed in the Turkish Code of Obligations, ensure that the tenant uses and maintains the leased property appropriately and fulfills their obligations to the landlord. If the tenant neglects these obligations, the landlord can seek redress through legal means and recover damages. The tenant's fulfillment of their responsibilities will ensure the healthy continuation of the relationship between the tenant and the landlord.

Law Student Intern

Osman Recep Gülşen