TÜRKIYE Law and Practice Contributed by: Serkan Gül, Nazım Kurt and Türkay Avanaş, Hergüner Bilgen Üçer Attorney Partnership
6.13 Restrictions on the Use of Real Estate The use of land is regulated under the zoning plan for the locality. These restrictions operate in the back - ground and supersede any conflicting provisions of any lease agreement that is signed between a landlord and a tenant. Furthermore, under the Code on Condo - miniums, the operation of businesses is prohibited in residential buildings. Restrictions on a tenant’s use of real property are typically found in lease agreements, and these are binding on lessees under contract law. 6.14 Tenant’s Ability to Alter and Improve Real Estate Tenants may alter leased premises if this is permitted under their lease agreement. Structural improvements may require a licence from the local municipality, and these licences are only issued to landowners. As such, a tenant would have to obtain the landlord’s consent for structural improvements. Landlords typically give their consent to such improvements by issuing a power of attorney to their lessees for improvement purposes, under which lessees obtain the requisite licence and commence construction of improvements. If the landlord has consented to alterations to be made by a lessee, they may not demand the return of the property to its previous condition. Similarly, a lessee may not demand compensation for any increase in the value of the property that may be caused by the lessee’s alterations. Both of these default positions There are very few regulations that govern the lease of property by type of use. One such specific set of rules, the Regulation on Shopping Centres, has had little restrictive impact in practice. 6.16 Effect of the Tenant’s Insolvency may be changed by agreement. 6.15 Specific Regulations A lessee’s bankruptcy during the term of a lease gives the landlord the right to demand assurances for the payment of future rental amounts. If the lessee or the bankruptcy administrator is not able to provide such assurances, the landlord is then entitled to terminate the lease.
6.17 Right to Occupy After Termination or Expiry of a Lease A tenant has the right to occupy a leased premises for another 11 years once the leased period has ended. The landlord may terminate the lease by giving notice no less than three months before the end of the elev- enth year after the expiration of the lease or each year thereafter. This is a mandatory provision of the law; therefore, landlords do not have a free hand in circum - venting this entitlement given to lessees. 6.18 Right to Assign a Leasehold Interest Assignment is subject to the lessor’s prior written consent, which cannot be withheld unreasonably in respect of workplace leases. Subleases are also sub - ject to the original lessor’s prior written consent. 6.19 Right to Terminate a Lease Landlord’s Right to Terminate The landlord may terminate a lease if the lessor has served written notice on the lessee twice in one lease term for failure to pay rent. The landlord may termi - nate a lease if the lessee has undertaken to vacate the leased premises on a certain date but has failed to keep their promise. The landlord may also terminate a lease on the basis of need; if the landlord or the landlord’s family must use the leased premises themselves, then the landlord may terminate the lease. Similarly, the landlord may terminate the lease if material repairs need to be made to the premises and the lessee’s continued occupa - tion of the premises under such circumstances is not possible. Lastly, the landlord may terminate a lease if the les- see fails to use the premises in accordance with the terms of the lease agreement. If the lessee’s breach is non-material, the landlord must give at least a 30-day cure period. If the breach is material and the breach is unlikely to be remedied within the cure period, the agreement may be terminated with immediate effect. Tenant’s Right to Terminate The lessee may terminate the agreement in the event that the premises are materially unfit for use. Further - more, tenants may terminate a lease early by way of paying the lease amount until the leased property has
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