Special Grounds For Termination Of Lease Agreements In Residential And Commercial Properties
By Notice
In residential and commercial leases, pursuant to Article 347 of the Turkish Code of Obligations, unless the tenant gives notice at least fifteen days prior to the expiration of a fixed-term lease for a residential or commercial property, the lease shall be deemed extended for one year under the same terms and conditions. The lessor cannot terminate the contract based on the expiration of the contract term. However, at the end of the ten-year extension period, the lessor may terminate the contract without giving any reason, provided that they give notice at least three months before the end of each subsequent extension year.
In indefinite-term lease agreements, the tenant may always terminate the agreement by giving notice of termination in accordance with the general provisions, while the lessor may do so after ten years have passed since the commencement of the lease.
In cases where the right of termination may be exercised in accordance with the general provisions, either the lessor or the tenant may terminate the agreement.
In residential and commercial property leases, the validity of the termination notice is contingent upon it being made in writing.
In the case of immovable property leased for use as a family residence, the tenant cannot terminate the lease agreement without the express consent of their spouse. If it is not possible to obtain this consent, or if the spouse refuses to give their consent without just cause, the tenant may request a decision from the court on this matter. If the spouse who is not the tenant becomes a party to the lease agreement by notifying the lessor, the lessor must notify the tenant and the spouse separately of the payment period associated with the termination notice and the warning of termination.
Through Legal Proceedings
For reasons attributable to the lessor
Need, reconstruction, and redevelopment
The lessor may terminate the lease agreement
If the lessor, spouse, descendants, ascendants, or other persons whom the lessor is legally obligated to support require the leased property for residential or business purposes,
If substantial repairs, expansion, or alteration of the leased property are necessary for its reconstruction or redevelopment, and use of the property is impossible during such work, at the end of the term in fixed-term agreements, in indefinite-term contracts, it may be terminated by filing a lawsuit within one month starting from the date to be determined in accordance with the general provisions on termination and the periods specified for the notice of termination.
Eviction lawsuits filed due to the reconstruction or renovation of the leased property must be filed within one month from the end of the fixed-term lease agreement, if applicable, or from the termination period and notice period determined in accordance with the general provisions, if the agreement is indefinite. These periods are considered time-barring periods and are taken into account ex officio.
The new owner’s need
If the person who subsequently acquires the leased property is compelled to use it as a residence or workplace for themselves, their spouse, descendants, ascendants, or other persons whom they are legally obligated to support, they may terminate the lease agreement by filing a lawsuit six months after the acquisition date, provided that they notify the tenant in writing within one month of the acquisition date.
The person who subsequently acquires the leased property may, if they wish, exercise their right to terminate the agreement due to necessity by filing a lawsuit within one month from the end of the agreement period.
Reasons arising from the tenant
Eviction Commitment
If the tenant, after the delivery of the leased property, has undertaken in writing to vacate the leased property on a specific date but has not vacated it, the lessor may terminate the lease agreement by applying for enforcement or filing a lawsuit within one month starting from this date.
Two Justified Warnings
If the tenant causes two written warnings to be issued to them for non-payment of rent during the lease term in leases shorter than one year, or during a lease year or a period exceeding a lease year in leases of one year or longer, the lessor may terminate the lease agreement through legal action within one month starting from the end of the lease term and, in leases longer than one year, starting from the end of the lease year in which the warnings were issued. The Landlord Becoming a Homeowner
If the tenant or their spouse has a suitable residence within the municipal boundaries of the same district or town, and the landlord was unaware of this at the time the lease agreement was established, the landlord may terminate the agreement through legal proceedings within one month from the end of the agreement.