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fifteen days before the end of the contractual term. On the other hand,
the landlord may not terminate the contract due to expiry of the con-
tractual term. It should be emphasized that this provision corresponds
to Art.11 of abrogated Law No. 6570 on Real-Estate Leases (“Law No.
6570”)
1
.
The novelty of this Article is the right of landlords to terminate a
lease contract without showing any reasonable ground at the end of the
ten-year extension period, provided that the landlord notifies the tenant
at least three months before the end of any extension period.
Previously, landlords were allowed to terminate a lease contract only
in case of events which justified termination and were specified under
the relevant articles of Law No. 6570 and the Code of Obligations No.
818. It is also determined that landlords may terminate a lease contract
that does not have a fixed term in accordance with general provisions
through a termination notice served ten years after the conclusion of
such contract.
The legal justification of this Article, which substantially affects
many lease contracts and which is considerably in favor of landlords,
is the societal disturbance caused by landlords not being able to have
direct possession of the property for long periods. In this respect, when
the conditions of said Article are met, the landlord is able to terminate
a lease contract through a unilateral notification, without the burden of
providing reasonable grounds and without being obliged to compen-
sate the tenant, and he will use the lease himself or make a new contract
with a new tenant after obtaining direct possession of his property.
Postponement of the Effective Date
Provisional Art. 2 of Law No. 6101 sets forth an exception and
provides for a one-time postponement of a landlord’s right to terminate
lease contracts on residential premises and roofed workplaces. The
legal justification for this postponement is to prevent potential damage
to tenants and other potential problems that would be caused by the
immediate application of Art. 347/Par.1.
LAW OF OBLIGATIONS
259
1
Cevdet Yavuz
: Borçlar Hukuku Dersleri (Özel Hükümler), İstanbul 2011, p. 288.