TÜRKIYE Law and Practice Contributed by: Serkan Gül, Nazım O Kurt and Türkay Avanaş, Hergüner Bilgen Üçer Attorney Partnership
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 compensa - tion for any increase in the value of the property that may be caused by the lessee’s alterations. Both of these default positions may be changed by agreement. 6.15 Specific Regulations There are very few regulations that govern the lease of property by type of use. One such spe - cific set of rules, the Regulation on Shopping Centres, has had little restrictive impact in prac - tice. 6.16 Effect of the Tenant’s Insolvency A lessee’s bankruptcy during the term of a lease gives the landlord the right to demand assur - ances for the payment of future rental amounts. If the lessee or the bankruptcy administrator is not able to provide such assurances, the land - lord 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 prem - ises 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 eleventh year after the expiration of the lease or each year thereafter. This is a mandatory provision of the law; therefore, land - lords do not have a free hand in circumventing this entitlement given to lessees. 6.18 Right to Assign a Leasehold Interest Assignment is subject to the lessor’s prior writ - ten consent, which cannot be withheld unrea - sonably in respect of workplace leases. Sub -
leases are also subject 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 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 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. Furthermore, tenants may terminate a lease early by way of paying the lease amount until the leased property has been rented to another
lessee under similar conditions. Both Parties’ Right to Terminate
Both parties may terminate the lease if generally applicable contract termination grounds arise.
1042 CHAMBERS.COM
Powered by FlippingBook