Turkish Lease Agreement

Guden is a member of the Istanbul Bar Association, the Law Society England and Wales, the British Chamber of Commerce in Turkey (BCCT) and a founding member of the Worldwide Lawyers Association (WLA) LLP, an international law association based in London. WLA LLP was established by commercial firms in the world`s major legal systems, including Switzerland, France, Italy, Portugal, the United Arab Emirates, Qatar, the Kingdom of Saudi Arabia, Russia, South Korea, India, Tunus, the United States of America, Kuwait and the United Kingdom. For more information about Guden International Law Firm, please visit our website at www.guden.av.tr. The COVID 19 pandemic shows the effects worldwide and, as with Turkey, has taken immense steps to prevent the spread of COVID-19. Several government agencies have issued decrees to prevent the spread of COVID-19. As we have mentioned in our previous articles, the Republic of Turkey and the Ministry of the Interior have decided to temporarily close jobs. This process, which began with an additional circular to all governorates on 15 March 2020, has already stopped the activities of more than 200,000 companies. In addition, on 22.03.2020, it was decided to end all execution and bankruptcy proceedings by the decision of Presidency 2279. Subsequently, Provisional Article 2 of Act 7226 of 26.03.2020 concluded that unpaid non-rents between 1.3.2020-30.6.2020 will not be the reason for the termination of leases and the evacuation of jobs.

There were problems with whether the measures put in place under the leases were paid for rents. This article is being evaluated on this subject. Leases are not required to comply with a particular form or to meet certain requirements and can only be a verbal agreement between the landlord and the tenant. However, a written rental agreement is recommended to document at least the duration of the lease, the rental and the down payment amounts. Assuming that the tenant`s debt has not made this possible, with the closure of jobs as part of the coronavirus measures issued by the Department of Home Affairs, the tenant is required to pay the price, even if he/she does not exercise or has a profit. When assessing situations relating to COVID-19 measures, section 138 of ocD enters into force and an adaptation may be requested. Section 138 of the OCD stipulates that the parties may include many special conditions: z.B. who is responsible for the costs of conservation, heating, water and lighting, what furniture and other items are included, if they exist, what damage or defects are present at the time of signing the lease and other similar matters. Leases are usually concluded by the real estate agency.

In the absence of an agency, a contract model can be found online. A tenant must provide proof of identity and, in some cases, where a tenant is unable to provide proof of income, it may be necessary to provide information about a guarantor. The TCO sets the ceiling of the deposit that the lessor may require in connection with the lease. Under the law, the surety cannot exceed the amount corresponding to a rent of three months. However, the deposit does not necessarily have to be paid in the form of money. This can be anything of monetary value, including tradable instruments, gold, commodities, bank guarantees, etc. The Ministry of the Interior of the Republic of Turkey has decided to end the activities of certain companies throughout the country by a decree based on the COVID-19 measures.