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NEWSLETTER 2011
200
In article 346 of the TCO, a new provision is stipulated under the
title “restriction of provisions against the lessee”. Accordingly, there is
no payment obligation upon the lessee other than rent and ancillary costs,
and agreements arranging penalty or acceleration clauses in case of a
failure to pay the rent on time, which are very common in practice, are
void.
The termination of an agreement for residential and roofed workplace
is regulated under article 347 and following. It is stipulated under article
347 that if the lessee has not given notice at least fifteen days prior to the
end of an agreement with a definite term, then the agreement is deemed
to be renewed for a period of one year with the same conditions. Also,
the lessor may not terminate the agreement based on the fact that the
term of the agreement has expired. However, the lessor may terminate an
agreement for any reason upon the end of ten years of renewals provided
that the lessor has given notice at least three months prior to the end of the
renewal year. Agreements with indefinite terms may be terminated by the
lessee at any time and by the lessor, upon expiry of ten years, pursuant to
the termination notice given in accordance with the general terms.
Pursuant to article 348 of the TCO, the termination notice for the
lease of residential and roofed workplace may only be valid if it is made
in writing.
The validity conditions of the termination of lease agreements related
to family residences are regulated under article 349. Accordingly, the
lessee is not entitled to terminate the lease agreement if the immovable is
leased as a family residence without the consent of the spouse. However, if
it is not possible to obtain such consent or the spouse refrains from giving
such consent without a just reason, then the lessee may demand from the
court a decision on the issue. If the spouse, who is not the lessee, informs
the lessor and becomes a party to the lease agreement, then the lessor
must inform the lessee and the spouse respectively of any termination
notice and payment terms with respect to a termination notice.
The reasons for termination of lease agreements with respect to
residential and roofed workplaces by taking a legal action are determined
separately for the lessor and the lessee. The reasons originating from
a lessor are regulated under article 350 of the TCO which is titled