Some Ways for Termination of a Tenancy Agreement

In Turkish law system, the tenancy law is regulated by Code of Obligations 6098. If there is a legally in force tenancy agreement and the tenant do not want to remove, the landlord’ s options are limited. It means the landlord cannot just say “go out”.  Unless the tenant give notice with a written declaration 15 days before the termination of the fixed term agreements, the agreements shall be accepted to be extended for one more year under the same conditions. So, the landlord shall not terminate the agreement on the ground of termination of the rental period. However, the landlord can terminate the agreement at the end of the ten-year extension period without showing any reasons by giving notice at least three months before the termination of each extension period following this period.  Other than waiting for ten years, the landlord can try to terminate the agreement according to general provisions, in other words, in a situation where the parties could use the right to terminate on the basis of the breach of the contract. If the tenant caused to be given two justifiable notices due to non-payment rent in the rental period, the landlord can terminate the agreement thought litigation in one month starting from the termination of lease period. If there is no non-payment rent, it is not possible to terminate on the basis of non-payment rent. Other option is to terminate the agreement by Lawsuit. According to Lawsuit option, If the Landlord is under the necessity of using the flat as an dwelling house for himself, his partner, descendants, linear ancestors or other people who he is obliged to look after by law, he can terminate the agreement by lawsuit opened after six months provided that the landlord shall inform the tenant in a written form in one month starting from the date of acquisition. This kind of lawsuits, the most important thing is the necessity must be real and provable at the Court.

Sedat Kar

Attorney at Law