Termination and Key Handover in Rental Agreements
What is a Tenancy Agreement?
A tenancy agreement is a contract whereby the landlord transfers to the tenant the right to use a thing or the right to use and enjoy that thing, and the tenant undertakes the obligation to pay the agreed rent in return. (Turkish Code of Obligations (TBK) Article 299) According to the Turkish Code of Obligations (TBK), it may be made both in writing and orally.
Tenancy agreements are established for a fixed or indefinite period. Whether a tenancy agreement is established for a fixed or indefinite period is legally significant in many respects and is also of great importance in terms of termination of the agreement.
Termination of Fixed-Term Tenancy Agreements
1. What is a Fixed-Term Tenancy Agreement?
These are rental agreements with a specified start and end date. They do not automatically terminate at the end of the term; termination requires the intention of one of the parties.
2. Termination by the Tenant
The tenant may terminate the contract provided that they give written notice at least 15 days before the end of the lease term. If the tenant fails to give notice at least 15 days before the end of the contract, the contract shall be deemed to have been extended for one year under the same terms and conditions. (Turkish Code of Obligations, Article 347)
3. Termination by the Lessor
The lessor may terminate a fixed-term contract only after a 10-year extension period and by giving written notice at least three months before the end of each extension year. Otherwise, the contract shall be deemed to have been extended for another year.
Termination of Indefinite Lease Agreements
1. What is an Indefinite Lease Agreement?
These are rental agreements with a specified start date but no specified end date.
2. Termination by the Tenant
The tenant may give notice of termination at any time. However, for this notice to be effective, it must be given at least 15 days before the payment period agreed in the contract.
3. Termination by the Lessor
The lessor may also terminate the contract by giving notice of termination in accordance with general provisions after ten years have elapsed from the commencement date of the tenancy, pursuant to Article 347 of the Turkish Code of Obligations. The notice of termination of the contract must be given at least three months before the end of the six-month rental period. Otherwise, the notice shall not be valid, and a notice of termination must be given under the same conditions within the next six-month rental period.
What should be done if the landlord does not respond to the tenant’s notice of termination?
If the tenant has terminated the contract in accordance with the above conditions and the landlord nevertheless refuses to accept the keys,
- The tenant may send the key to the landlord via a notary.
- If it is not possible to deliver the key to the notary, and the notary refuses to accept the key on the grounds that they are not obliged to do so, the key may be deposited directly with the Magistrates’ Court by applying to the court to determine the place of deposit.
- If the tenancy has been referred to enforcement proceedings, the handover of keys can also be carried out via the enforcement file.
Handover of Keys through Court Proceedings (Determination of Place of Deposit)
If the landlord refuses to take back the key, the tenant shall:
- You may apply to the Civil Court of First Instance to request the ‘appointment of a depositary’ pursuant to Articles 106 and 107 of the Turkish Code of Obligations.
- If the request is accepted, the Court shall determine the place where the key is to be delivered.
- This procedure is of great importance in proving that the tenancy has ended.
Handover if there is an enforcement file
If there is an eviction or debt collection case filed against the tenant
- The tenant indicates their wish to surrender the key by submitting a petition to the enforcement file.
- The enforcement office takes the key and issues a receipt for the file.
This delivery may have the effect of terminating the tenancy.
