The deferred provisions of the new Turkish Code of Obligations regarding roofed or unfurnished workplace lease agreements, the tenant of which are traders or legal entities, come into force on 01.07.2020. Hunting. Burcu Kırçıl said that it would be beneficial to review workplace lease agreements.
The provisions of the New Turkish Code of Obligations, which came into force on 1 July 2012, regarding the roofed or unfurnished workplace lease agreements, the tenant of which is a merchant or legal entity, were postponed by the Law Enforcer for eight years. Stating that the deferred provisions will come into force on 6353, Kırçıl Law Office Founder and Manager Av. Burcu Kırçıl said that it would be beneficial to review workplace lease agreements until 01.07.2020, where the tenant is a merchant or legal person.
As the new regulations have not yet been put into effect, Av. Explains that he has been acting in the framework of the freedom of contract and the case law of the Supreme Court in relation to the lease agreements regarding the workplaces. Burcu Kırçıl stated that the regulations stipulated by the New Turkish Code of Obligations will be effective from 1 July 2020. Hunting. Burcu Kırçıl explained the effects of the entry into force of the postponed articles of the lease agreements as follows:
How will the effect be?
- Transfer of the lease relationship: With the article 1 that came into force as of July 2020, 323, the tenant in the business premises cannot transfer the lease relationship to a third party without the consent of the lessor. On the other hand, the lessor will not be able to reject the transfer request unless it has a justifiable reason. However, the tenant who handed over his contract was held jointly responsible for the debts arising from the breach of the rental contract for two years.
- Return of the leased before the end of the contract: With the article 325 to enter into force, it is regulated that if the tenant returns the leased before the contract expires or before the termination terms set forth in the law, the debts arising from the lease contract will continue for a reasonable period during which the leased lease can be rented under similar conditions.
- Extraordinary right of dissolution: Article 331 of the effective law; In the event of the reasons that make the execution of the contract unavoidable for him, it is possible to terminate it before the end of the lease contract, provided that one of the parties compensates. The important point is that this item does not give the right of termination. Compensation of the damage that will occur in case of extraordinary termination will be determined by the judge's discretion.
- Related contract ban: In practice, it can be seen that the lessor imposes a debt on the tenant who will not benefit him in order to establish or maintain the lease. The relevant article protects the tenant, who is weak in the contract in this case, and ignores the linked contract imposed by the lessor and puts the tenant under an extraordinary obligation, but keeps the lease relationship in place.
- Tenant's reassurance: With article 1, which will come into force as of July 342, the lessor can request a deposit (deposit) up to a maximum of three months' rent. In addition, with the enforcement of the new article, the practice of paying the security amount directly to the lessor will be eliminated. If the parties decide to pay the security amount as money, the tenant will deposit the money in a time-saving account, provided that the tenant is not withdrawn without the consent of the lessor. If the security fee is paid as a precious document, the precious document in question will be stored by the tenant under the same conditions.
- Prohibition against change against the tenant: With the new regulation that has come into force, it has been stipulated that no change can be made against the tenant, except for determining the rental value in the rental agreements. The tenant, who is considered to be the weak party in the contract, was asked to be protected against the lessor.
- Determination of the rental value: Article 344, which will enter into force; it provides an arrangement for determining the rental value. Since there was no regulation regarding the determination of the rental price prior to the Turkish Code of Obligations, this issue was creating a lot of controversy in practice. If an agreement has been made, its validity depends on the previous year's increase in the PPI. Regardless of whether there is an agreement in contracts renewed for more than five years or once every five years, the rate of increase in PPI, the condition of the leased and the equivalent rent will be determined by the judge in accordance with equity by taking into consideration the costs.
- Prohibition of regulation against the tenant: Article 346, which will come into force, will not impose any other payment obligation on the tenant, except for the side expenses such as cleaning and dues maintenance fees, especially if the lease price is not paid on time, the agreements regarding the penalty payment or the subsequent rental fees will become invalid. It was taken under.
- Limitation of the reasons for litigation: Article 1, which will come into force on 2020 July 354, regulated that the provisions regarding the termination of the lease agreement by lawsuit will not be changed against the tenant. With this article, the tenant was not allowed to evacuate for reasons other than those specified in the law, and the reasons for the diversification of the reasons for eviction were blocked. The purpose of this arrangement stems from the idea of protecting the tenant.
As a result; The provisions of the Turkish Code of Obligations, which we briefly mentioned in our article, will be effective on 01.07.2020, unless there is a new postponement for the rents of the workplace, which is the tenant of the merchant or legal entity. It is likely that the relevant articles will cause restrictions in practice, as they impose restrictions on the release of the contract and prevent the practice of the Supreme Court established at certain points. Therefore, it is extremely important that the persons who are parties to the workplace lease contract carry out the negotiation process within the framework of the new provisions enacted.
Hunting. Who is Burcu Kırçıl?
Hunting. Burcu KIRÇIL started his professional activities in 2002, when he graduated from Ankara University Faculty of Law. In accordance with his experience in practice, Av. Kırçıl in 2007, it was authorized individually "callact" is a call center company by establishing case of Turkey's leading banks and clients operating in many different areas, including companies, serves in advisory and enforcement. In addition to his law profession, which he has been continuing for more than 2015 years, he also acts as a “specialist mediator”.