In regard to the “tenancy agreements” there are some changes made by the new Turkish Code of Obligations Law no. 6098. These changes are understood by the public opinion that they are only made in favor of the tenant; however, there are some changes in favor of the landlord too. The one of the important change (changed provision) is, after the tenancy agreement signed and at the end of the ten years extension time of it; the landlord can terminate the tenancy agreement (without showing any reason) by a notice three months before at the end of every ten years extension time.
Before the new Turkish Code of Obligations, Law no. 6098, article 11 of the Law on the Real Estate Tenancy, Law no. 6570 was implemented in regard to the termination of the tenancy agreement. According to article 11; it was accepted that the tenancy agreement will be extended if the tenant did not inform the landlord, that he/she will evacuate the real estate, by a written notice fifteen days before the tenancy agreement’s expiration date. In other words; if the tenant wished, he/she could terminate the tenancy agreement by a written notice (enter into force on the day the tenancy agreement finished) fifteen days before it expired.
The Legislator protects the termination right of the tenant by article 347/1 of the Turkish Code of Obligations which is similar to article 11 of the Law no. 6570.
However, according to article 347/2 of the Turkish Code of Obligations, which is not regulated before, after the tenancy agreement signed and at the end of the ten years extension time of it; the landlord can terminate the tenancy agreement without showing any reason with a written notice three months before at the end of every ten years extension time. The right of the termination can be used every ten years time during the tenancy agreement.
The Legislator limits the termination right of the landlord by provisional article 2 of “the Enforcement and the Manner of Application of the Turkish Code of Obligations” which is entered into force on 1st July 2012; “the last sentence of the Article 1 of this Code is applied for once only; (i) in regard to the tenancy agreements which are regulated in the last sentence of the article 347/1 of the Turkish Code of Obligations and are not completed the ten years of tenancy agreement time but it has less than five years, last sentence of article 1 will be applied in five years time from this Code entered into force, (ii) in regard to the tenancy agreements which are already completed the ten years tenancy agreement time, last sentence of article 1 will be applied in two years time from this Code entered into force.”
