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NEWSLETTER 2011
198
TCO article 340 addresses connected agreements aiming to protect
the lessee which were not regulated in the previous code. It is stipulated
that the formation or continuation of the lease agreement with respect to
residential and roofed workplaces will not be connected to any obligation
which is against the lessee and not in relation to the lease agreement, and
thus such agreements connected with leases will be deemed void.
“The Cost of Usage” stipulated under article 341 regulates that the
costs of usage such as heating, lighting, and water shall be borne by the
lessee unless it is stated otherwise in the agreement or it is contrary to local
practice. In addition, it is obligatory to submit a copy of the document
proving such costs to the other party upon request.
Article 342 in the TCO has made a new arrangement in order to
protect the lessee since the lessors in practice obtain deposits or other
guarantees which are not within the scope of the rental. In this respect,
requesting a guarantee is permissible, but the code restricts such requests.
It is stated that the amount of a guarantee cannot exceed three months’
rent. Additionally, if the guarantee is given in cash, it must be deposited
into a bank account and cannot be withdrawn from the bank without the
prior approval of the lessor. If the guarantee is a negotiable instrument, it
must be deposited in a bank and the bank will not return such guarantees
unless both parties approve the return or an execution proceeding or a
court award becomes final and binding. The bank may return the guarantee
upon the request of the lessee if the lessor informs the bank in writing
within three months following the termination of the lease agreement that
he or she has initiated a lawsuit or an execution proceeding regarding the
lease agreement.
Article 343 of the TCO stipulates that amendments against the lessee,
excluding rent amounts, cannot be arranged in the lease agreement after
the lease agreement has been signed. Thus, by providing the opportunity
to amend the rent upon renewal of the agreement or the extension of the
term, an exception is made to the restriction of amendment against the
lessee.
In article 344 of the TCO, rules for determining the rent are regulated,
and thus a legal gap is filled in this respect. In the first sub-paragraph
of the article, it is regulated that the validity of the agreement between