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Termination of Contracts on Lease of Residential Premises and

Roofed Workplaces by Notice at the End of a Ten-Year

Extension Period

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Att. Suleyman Sevinc

The Turkish Code of Obligations (“TCO”) No. 6098 was pub-

lished in the Official Gazette dated 04.02.2011 and numbered 27836,

and entered into force on 01.07.2012.

Provisions regarding the termination of lease contracts of residen-

tial premises and roofed workplaces are set forth between Articles 347

and 356 of the TCO. As an alternative to bringing a suit for termina-

tion, termination of a contract by notice is one of the important novel-

ties of the TCO which needs to be analyzed in depth. Pursuant to the

last sentence of TCO Art. 347/1, landlords have the right to terminate

a lease contract without any reasonable ground at the end of a ten year

extension period.

Pursuant to Provisional Art. 2 of Law No. 6101 on the

Effectiveness and Execution Procedure of the Turkish Code of

Obligations (“Law No. 6101”), Art. 347 TCO will become applicable

as of 01.07.2014 for contracts that completed the ten-year extension

period on 01.07.2012, and will be applicable as of 01.07.2017 for con-

tracts that had less than five years of remaining term as of 01.07.2012.

Possibility of Termination pursuant to TCO Art.347 and its

Legal Justification

It is stipulated in Art. 347 of the TCO that a lease contract with a

fixed term will be deemed to be extended for one more year with the

same conditions unless the tenant serves a termination notice at least

258

NEWSLETTER 2014

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Article of January 2014