TÜRKİYE Law and Practice Contributed by: Serkan Gül, Nazım O Kurt and Türkay Avanaş, Hergüner Bilgen Üçer Attorney Partnership
landlord may terminate 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 them - selves, 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 occupation of the premises under such circumstances is not possible. Lastly, the landlord may terminate a lease if the lessee fails to use the premises in accordance with the terms of the lease agreement. If the les - see’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 rem - edied in 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. Furthermore, tenants may terminate a lease early by way of paying the lease amount until the leased property has been rented to another Both parties may terminate the lease if generally applicable contract termination grounds arise. 6.20 Registration Requirements Lease agreements are not subject to any form requirement, but written lease agreements are market practice. Turkish law enables the anno - tation of lease agreements in the land registry records of the leased property. Annotation gives full protection against eviction if the relevant lessee under similar conditions. Both Parties’ Right to Terminate
property is transferred to a third party. Deed registry fees amounting to 0.683% of the total lease amount would accrue together with a fixed contribution amount (approximately TRY2,055). 6.21 Forced Eviction A tenant may be evicted prior to the originally agreed date if the grounds for termination dis - cussed in 6.19 Right to Terminate a Lease arise. In such an event, eviction proceedings typically take one to one-and-a-half years. In the event of eviction for failure to pay rent, a landlord may also seek to have the tenant evicted by way of execution proceedings. The execution office would serve a payment order on the tenant in such a case, and, upon failure to pay within 30 days, begin the process to evict. This procedure is notably faster than eviction by court order. Both eviction processes may be subject to appeal and the eviction order can be suspended while the appeal is pending. 6.22 Termination by a Third Party A government agency may be able to termi - nate a lease only in exceptional circumstances. One such instance may be when the leased real estate is subject to condemnation. In the event of condemnation, the lessee does not receive compensation from the government. Another such instance is if the leased property is going to be subject to demolition under the scope of the Urban Regeneration Law. In such an event, the lessee would be given a total of 90 days to vacate the premises and would be evicted by the government upon failure to voluntarily surrender the property.
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