Learn about the cases in which the rental contract of real estate in Turkey can be terminated

In this article, we will learn about the cases in which the lease contract for real estate in Turkey can be terminated.

First of all, what is a lease contract?

In this contract, the property owner undertakes to leave his property to the tenant to benefit from it in return for a specified rent to be agreed upon and for a specified period of time as well.

There are several reasons for rescinding this contract, including:

-Expiry of the lease term: The lease contract automatically ends with the expiry of the agreed term for the lease, whether the term specified in the contract is a written or verbal statement.
-The emergence of a defect in the property: where the property owner undertakes to hand over the property to the tenant in a suitable condition for residential use, for example, and the tenant has the right to ask the property owner to repair the defect if it exists in a period-appropriate for him, for example when traveling or on vacation. if the property owner does not repair the defect within the specified period, the tenant has the right to repair it and deduct the resulting expenses from the value of the property rent. The tenant is also entitled to request to move to another property that is free of defects. if the existing defect hinders or prevents the comfortable use of the property in some way, then the tenant can terminate the lease contract.
-The lease contract is terminated when the tenant fails to pay the rent or the expenses assigned to him according to the lease contract. The landlord can then inform the tenant in writing of a specific deadline for payment so that he will warn him to rescind the contract if he does not pay within this period, which is usually ten days for residential properties and thirty days For commercial real estate and workplaces.

-The contract is also terminated when the tenant neglects the property, where the tenant is required to use the property carefully and maintain it and the furniture in accordance with the lease agreement and gives a minimum period of 30 days to fix the matter and the contract is terminated directly upon intentional damage to the property
-The lease contract is also terminated in the event that the tenant does not maintain respect between him and the neighbors who live in the same building.
-Termination of the lease contract in exceptional cases: such as the death or bankruptcy of the tenant; The contract can then be terminated at any time, with the obligation to comply with the legal period of informing the family of the tenant of the termination in the event that there is a reason preventing the continuation of the lease contract.

How is the lease contract terminated?

-By written notice:
The effectiveness of the termination of the lease contract by notification is limited to written notifications only, as the possibility of terminating the contract is limited to the tenant only in lease contracts of a fixed term. The lease contract is also automatically extended for a full year and on the same terms if the tenant does not notify the landlord of the termination of the contract in writing at least 15 days before the specified term of the contract. In lease contracts with an indefinite period, the tenant can terminate the contract at any time, while the property owner has the right to terminate the contract after ten years in this case, provided that it is accompanied by a written notice of termination of the contract in accordance with the general provisions.
-The lease contract can be terminated through a lawsuit: the property owner can terminate the contract by filing a lawsuit in the following cases:
1-The need of the owner of the property, his wife, his parent or branch, or those who are legally obligated to take care of them to use the property for residence or a place of work.
2-When it is necessary to make a repair, development, or change in the house, and the tenant’s use of the property prevents the completion of the repairs.
3-When the leased property is sold to a new owner, who has the right to terminate the tenant’s contract within six months from the start of his ownership of the property through a lawsuit provided that the tenant is informed of the matter in writing.
4-If the tenant does not commit to vacating the house within the period he pledged before receiving it, the landlord has the right to terminate the contract within a month from the date of delivery of the property through a lawsuit.
5-If is proven that the tenant or his wife who lives with him owns a house suitable for housing within the limits of the city or the same region, and the landlord was not aware of this when concluding the contract, he can terminate the lease within a month of its termination by filing a lawsuit.

There are important tips that you must follow before renting a property in Turkey and signing its rental contract, as you must know some of the legal matters related to the contract, which will preserve the right of both the tenant and the owner. The terms and conditions of this contract constitute the legal regulation of this relationship and the guarantee for solving problems that may arise; Therefore, it was necessary to pay attention to many important points when concluding the contract so as not to cause any harm to any party, which are:
-Determine the amount of the monthly rent.
-Determine the date of payment of rent each month.
-Determine the bank account to which the rent will be sent.
-Determine the periods at the end of which the rent amount will be increased.
-Determining the terms of the lease and the furniture and other things that will be entrusted to the tenant.
-Determine the purpose for which the leased property will be used
-Determining who can benefit from the property; For example, allowing the tenant to rent the property to another party or to use it temporarily.
-Determining the insurance amount and the mechanism for keeping it, in addition to the conditions that allow the property owner to dispose of the insurance amount.
-Determining the possibility of allowing the tenant to make modifications to the house, and determining the condition of the property when returning the property to its owner.