Abstract:

The termination of lease contracts of residential and commercial premises has been regulated in the 347th article of Turkish Code of Obligations numbered 6098. The first paragraph of the article is about the termination of lease contracts of residential and commercial premises concluded for a limited duration. According to the paragraph, by giving fifteen days’ notice before the end of the limited duration, the lessee may terminate a lease contract of the residential and commercial premise. However, depending upon the expiry of the limited duration, the lessor may not terminate the contract. In other words, in principle, only the lessee has right to terminate the lease contract of the residential and commercial premise by giving notice. According to the 3rd sentence of article 347, paragraph 1 of Turkish Code of Obligations, “Solely, the lessor may terminate the contract at the extension of time for ten years by giving at least three months’ notice before the end of each year which follows this time, without any reason”. This is a new regulation that did not exist in the Law on the Rental of Immovable numbered 6570. What should be understood from the phrase “extension of time for ten years” is a controversial subject in the doctrine. Besides, there is not an agreement between the chambers of the Cassation Court about the subject.

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