Through Notification
Pursuant to Article 347 of the TCO, in residential and roofed workplace leases, unless the lessee notifies at least fifteen days before the expiry of the term of a fixed-term contract, the contract is deemed to be extended for one year with the same conditions. The lessor cannot terminate the contract based on the expiry of the contract period. However, at the end of the ten-year extension period, the lessor may terminate the contract without giving any reason, provided that the lessor notifies at least three months before the end of each extension year following this period.
In indefinite-term lease agreements, the lessee may terminate the agreement at any time, and the lessor may terminate the agreement with a notice of termination according to the general provisions after ten years from the beginning of the lease.
In cases where the right of termination can be exercised according to general provisions, the lessor or the lessee may terminate the agreement.
In residential and roofed workplace leases, the validity of the termination notice depends on the written notice.
In immovables leased to be used as a family residence, the lessee cannot terminate the lease agreement without the express consent of his spouse. If it is not possible to obtain this consent or if the spouse refrains from giving his/her consent without a justified reason, the lessee may request the judge to make a decision on this matter. In the event that the non-tenant spouse becomes a party to the lease agreement by notifying the lessor, the lessor is obliged to notify the lessee and the spouse separately of the termination notice and a payment period subject to the termination notice.
Through Litigation
For reasons arising from the lessor
Need, reconstruction and reconstruction
The lessor may conclude the lease agreement
If he/she is obliged to use the leased property for himself/herself, his/her spouse, his/her descendants, his/her ascendants or other persons he/she is legally obliged to take care of due to the need for a residence or a workplace,
If it is necessary to repair, extend or change the lease for the purpose of reconstruction or reconstruction of the leased property and it is impossible to use the leased property during these works, it may terminate the lease with a lawsuit to be filed within one month starting from the date to be determined by complying with the termination period and the periods stipulated for the notice of termination in accordance with the general provisions regarding the termination period and notice of termination in the indefinite term contracts.
The eviction lawsuits to be filed due to the reconstruction or reconstruction of the leased property must be filed within 1 month from the end of this period, if it is a fixed-term lease contract, and within 1 month from the termination period and notification period to be determined according to the general provisions if it is an indefinite-term contract, and these periods are considered ex officio.
Requirements of the new owner
If the person who subsequently acquires the leased property is obliged to use the leased property for himself, his spouse, his descendants, his ascendants or other persons who are legally dependent on him due to the need for housing or workplace, he may terminate the lease agreement with a lawsuit to be filed after six months, provided that he notifies the lessee in writing within one month starting from the date of acquisition.
The person who subsequently acquires the leased property may also exercise his right to terminate the lease agreement due to necessity by filing a lawsuit within one month starting from the expiry date of the lease agreement
For reasons arising from the tenant
Eviction Notice
If the lessee has undertaken in writing to vacate the leased premises on a certain date after the delivery of the leased premises, but has not vacated the leased premises, the lessor may terminate the lease agreement by applying for execution or filing a lawsuit within one month starting from this date.
Two Rightful Notices
If the lessee has caused two justified notices to be given to him in writing for not paying the rent within the lease period in lease agreements with a term of less than one year, or within one lease year or a period exceeding one lease year in lease agreements with a term of one year or more, the lessor may terminate the lease agreement through a lawsuit within one month starting from the end of the lease period and the lease year in which the notices are made in leases with a term of more than one year.
Becoming a Home Owner
In the event that the lessee or his/her spouse has a dwelling suitable for residence within the municipal boundaries of the same district or municipality, the lessor may terminate the contract through a lawsuit within one month starting from the end of the contract, if he/she did not know this at the time of the conclusion of the lease agreement.
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