The Rights of Landlord in Turkey – Attorney Ozan Soylu

RIGHTS OF LANDLORD IN TURKEY

The Turkish Code of Obligations, Law No. 6098, regulates not only the rights of tenants but also the rights of landlord. Since it may appear that tenants’ rights are more vulnerable in the landlord-tenant relationship established as a result of the lease agreement, the legislator has discussed tenants’ rights extensively. However, protecting only the rights of tenants in such a situation would create an imbalance in the parties’ interests. Therefore, the legislator has made various regulations to protect the rights of landlords as well. Depending on the nature of the lease agreement, the rights of landlords may vary. However, generally, the rights of landlords include:

Right to Receive Rent on Time

Under Article 313 of the Turkish Code of Obligations, the tenant is obligated to pay the rent. Accordingly, the landlord has the right to demand the rent from the tenant. The timing of rent payment is also regulated by the legislator. Therefore, unless otherwise agreed in the contract or local customs, the tenant must pay the rent and any additional expenses at the end of each month and no later than the end of the lease term. (Article 314 of the TCO) Thus, the landlord has the right to demand rent payment from the tenant within the performance period. As long as the leased property is suitable for use, the tenant is obliged to pay the rent even if they do not use or use it in a limited way for reasons originating from them. In such a case, the landlord also has the right to demand rent from the tenant. (Article 324 of the TCO)

When the tenant defaults on rent payment, i.e., if the tenant is in default, the landlord, according to Article 315 of the TCO, can provide a written notice to the tenant and, within this notice period, inform the tenant that if they do not pay, the contract will be terminated. Here, we can see that the legislator gives the landlord the right to terminate the contract if the tenant does not pay the rent. The period to be given to the tenant is at least ten days, and in residential and roofed commercial property leases, it is at least thirty days. This period starts from the date of the written notice to the tenant. (Article 315/2 of the TCO)

Right to Demand Careful Use of the Leased Property and Respect for Neighbors

The Turkish Code of Obligations regulates the tenant’s duty to use the leased property carefully and to respect neighbors. If the tenant violates this duty, the landlord, in residential and roofed commercial property leases, has the right to give a notice of at least thirty days for the rectification of the violation or to terminate the contract in writing if the violation is not rectified. In some cases, the landlord can terminate the contract in writing without giving notice. These cases are specified in our law. Namely, in residential and roofed commercial property leases, if the tenant intentionally causes significant harm to the leased property, it is understood that the period to be given to the tenant will be useless, or if the tenant’s non-compliance with this obligation becomes unbearable for the landlord or the neighbors residing in the same immovable, the landlord can terminate the contract in writing. (Article 316 of the TCO)

The tenant is obliged to pay the usual cleaning and maintenance expenses of the leased property. Local customs are taken into account in this regard. Thus, the landlord has the right to demand the tenant to pay the usual cleaning and maintenance expenses of the leased property and can reject the tenant’s request for these expenses if the tenant demands them. (Article 317 of the TCO)

The tenant must inform the landlord promptly of defects for which they are not responsible. If the tenant’s failure to report results in an increase in damages, the tenant will be responsible for these damages. In such a case, the tenant cannot demand compensation from the landlord because the tenant did not fulfill their notification obligation. If the tenant demands compensation, the landlord has the right to reject this request because the tenant did not fulfill their notification obligation. (Article 317 of the TCO)

The tenant is obliged to tolerate the efforts for the removal of defects and for the display of the leased property. Therefore, the landlord has the right to request the tenant’s participation in efforts to remedy the defects or to prevent damages. At the same time, the landlord, to the extent necessary for maintenance, sale, or subsequent leasing, can request the tenant to allow the landlord and the third parties designated by the landlord to inspect the leased property. However, the landlord must notify the tenant of these actions in a suitable period before they are carried out and take into consideration the tenant’s interests during the conduct of these actions. (Article 319 of the TCO)

Right to Make Improvements and Changes Within Certain Limits in the Leased Property

According to Article 320 of the Turkish Code of Obligations, the landlord has the right to make improvements and changes in the leased property that do not require the termination of the lease agreement and can be expected to be borne by the tenant. The landlord will consider the tenant’s interests while making these improvements and changes.

Right to Sublease

Another right of the landlord comes into play in the sublease relationship. If the tenant leases the leased property, either in whole or in part, to another person, the sublease relationship is established, provided that it does not cause any harm to the landlord. If the subtenant uses the leased property in a way other than what the tenant was allowed to do, the tenant becomes responsible to the landlord. In this case, the landlord has the right to exercise the rights they have against the tenant against the subtenant as well. (Article 322 of the TCO)

Right to Seizure

In real estate leases, the landlord has the right of seizure over movable property located in the leased property that serves the furnishing or use of the leased property, to secure one year’s rent that has already been due, and six months’ rent that is currently due. (Article 336 of the TCO) This right of seizure granted to the landlord in real estate leases is designed to secure the payment of rent. The items included in the scope of the right of seizure are movable assets located in the leased property. The right of seizure cannot be used on the tenant’s non-seizable property.

Right to Request Eviction in Certain Cases

In general, the landlord does not have the right to request the tenant’s eviction before ten years have passed. However, the legislator has provided some exceptions in which the landlord has the right to request eviction in certain cases. These exceptional cases are as follows:

1. Right to Eviction Due to The Landlord’s Need for The Leased Property

“If the landlord has an obligation to use a dwelling or workplace due to the need of the landlord, the landlord, in limited-term contracts at the end of the term and in indefinite-term contracts according to the general provisions regarding leases, with a lawsuit to be filed within one month starting from the date to be determined by complying with the termination period and the prescribed periods for notification, may terminate the contract.” (Article 350 of the TCO)

2. Right to Eviction Due to Reconstruction and Construction of the Leased Property by the Landlord

“If the use of the leased property becomes impossible during the reconstruction or construction of the leased property due to essential repairs, expansion, or changes, and the tenant is required to evacuate it, the landlord, in limited-term contracts at the end of the term and in indefinite-term contracts according to the general provisions regarding leases, with a lawsuit to be filed within one month starting from the date to be determined by complying with the termination period and the prescribed periods for notification, may terminate the contract.” (Article 350 of the TCO)

3. Right to Eviction due to a Commitment of Eviction Made by the Tenant

“If the tenant, after the delivery of the leased property, despite undertaking to evacuate the leased property on a certain date in writing, does not evacuate it, the landlord may terminate the lease agreement by filing a lawsuit within one month from that date, or initiate execution proceedings.” (Article 352/1 of the TCO)

4. Right to Eviction due to the Tenant or Their Spouse Having a Residence in The Same Place

“If the tenant or their spouse has a suitable residence in the same district or municipality at the time of establishing the lease agreement, and the landlord did not know this during the establishment of the agreement, the landlord may terminate the contract by filing a lawsuit within one month from the end of the contract in limited-term contracts or in indefinite-term contracts.” (Article 352/3 of the TCO)

5. Right to Eviction due to Tenant’s Delay in Paying Rent

“If the tenant, in lease agreements shorter than one year, does not pay the rent within the rental period, or in lease agreements one year or longer, does not pay the rent for a rental period of one year or longer, and causes two justified warnings in writing to be sent to the tenant, the landlord may terminate the lease agreement with a lawsuit within one month from the end of the lease period, and from the end of the lease year in cases where warnings are made in lease agreements one year or longer.” (Article 352/2 of the TCO)

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