Termination Of The Agreement


With the entry into force of the Turkish Code of Obligations No. 6098 in 2012, one of the innovations that changed the dynamics of rental relations, the situation of "termination of the lease agreement with notification" is regulated in Article 347 of the TCO. In this article, we will examine the necessary conditions for termination of the contract by notification in rental relations. Before signing a contract or terminating a lease, you can get support from our Istanbul lawyers. As Istanbul lawyer team, we provide consultancy and advocacy services to our clients under the umbrella of karagoz&uner attorney partnership.


Fixed Term Lease Agreements


According to TBK 347;


“In residential and roofed workplace rentals, if the tenant does not notify at least fifteen days before the end of fixed-term contracts, the contract is deemed to be extended for one year under the same conditions. The lessor cannot terminate the contract based on the expiration of the contract period. However, at the end of the ten-year extension period, the lessor may terminate the contract without giving any reason, provided that it gives notice at least three months before the end of each subsequent extension year.

As it can be understood from the article, a fixed-term rental agreement does not automatically terminate with the expiration of the period in housing and roofed workplace rentals. As a rule, the law gave the tenant the opportunity to terminate the lease agreement and it became possible for the lessor to gain this right only after the end of the 10-year extension period. As Istanbul lawyer team, we provide consultancy and advocacy services to our clients under the umbrella of karagöz&uner attorneyship partnership.

In fixed-term cherry contracts, if the tenant does not give at least fifteen days' notice, the contract will be deemed to be extended for one year for the same conditions. Since this fifteen-day period is a relative obligation, it can be reduced in favor of the lessee with the agreement of the lessor and the lessee. According to the jurisprudence of the Supreme Court;

   “The fifteen-day notice period for termination in the article is the minimum period. A shorter notice period and a longer notice period that will limit the tenant's right to terminate the lease cannot be determined by the contract. conclusion has been reached.

The validity of the notification is written in accordance with Article 348. A notification that is not made in writing will not be valid, since it is not a valid notification.

Since the contract will be deemed to have been renewed under the same conditions, the elements that make up the content of the contract, such as the rental price, will also remain the same.

When we come to the right of termination of the lessor; The lessor cannot terminate the contract by betting that the contract period has expired. However, if the tenant notifies the tenant in writing of the 10-year extension period at least 3 months before the end of the last extension year, he can terminate the contract.

For example; If the one-year lease agreement concluded on 01.01.2021 is not terminated by the lessee and continues to be extended, the leased universe may terminate the contract on 31.12.2031 by giving a written notice of termination on 30.09.2031 at the latest. The three-month period is the minimum period, and the lessor can take this period forward, for example, on 30.07.2031, but in any case, the notice must have entered the jurisdiction of the tenant until 30.09.2031 at the latest.

If the notice does not come under the control of the tenant before this three-month period, article 328 of the TCO will be applied here, and the notice of termination will be valid for the next year.

Indefinite Lease Agreements

According to TBK 347/2;

In indefinite lease contracts, the lessee can terminate the contract at any time, and the lessor, after ten years from the beginning of the lease term, with a notice of termination in accordance with the general provisions.

As it can be understood from the article of the law, the lessee can always terminate the contract by complying with the termination period and the periods stipulated for notification in the general provisions in lease contracts of indefinite duration. However, the lessor acquires this right after ten years have elapsed from the beginning of the lease agreement and may terminate the lease agreement by complying with the term of termination and notification in the general provisions.

The said termination period and the periods for its notification are the regulations in Articles 328 and 329 of the TCO. According to this,

“Each of the parties may terminate the rental agreement for an immovable or movable structure until the end of the rental period determined according to local customs, and in the absence of such a number, until the end of the six-month rental period by complying with the three-month notice period.”

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