e-book2011

Leases of Residential and Roofed Workplaces within the

Frame of the New Turkish Code of Obligations

Att. Ceyda Büyükoral

The Turkish Code of Obligations numbered 6098 (“TCO”) has been

published in the official gazette dated 04.02.2011 and numbered 27836.

By the TCO which will enter into force on 01.07.2012, important issues

are amended with respect to lease agreements.

The TCO annuls the Code of Obligations (“CO”) numbered 818 and

the Code of the Lease of Immovables numbered 6570. In the new TCO,

articles with respect to lease agreements are stipulated in the 2nd part,

4th section, with the title “Private Debt Obligations”. Also, (i) definition

of lease agreement, (ii) duration of the lease, (iii) obligation of the lessor,

(iv) obligations of the lessee, (v) private conditions, (vi) termination of

the agreement, (vii) returning of the leased property and (viii) lessor’s

right of lien are regulated under the “General Provisions”, and leases of

residential and roofed workplaces are regulated under article 339 and the

following articles.

The TCO regulates leasing of all residential and roofed workplaces

under article 339 without making any distinction with respect to the

place of the leased property unlike article 1 of the Code numbered 6570.

Also, movables left in the possession of the lessee will be subject to the

same provisions. In addition, unlike Code numbered 6570, the lease of

immovables for a term of 6 months or less are subject to temporary use due

to their nature and are not within the scope of the TCO. On the other hand,

the lease agreements made by governmental institutions and organizations

will be subject to the same provisions despite their own principles and

procedures, and thus article 14 of the Code numbered 6570 is accepted.

Article of February 2011