Parties to a Lease Agreement
A lease agreement involves two parties: the landlord and the tenant.
Landlord: The person who transfers the right to use and benefit from the property to the tenant in exchange for payment.
Tenant: The person who uses and benefits from the property for a temporary period in exchange for a specific fee.
Both parties have certain obligations to each other arising from the leased property.
Lessor’s Obligations
1- Obligation to deliver the leased property (Turkish Code of Obligations, Article 301 (Law No. 818, Article 249/1))
2- Obligation to bear taxes and similar liabilities (Turkish Code of Obligations, Article 302 (Law No. 818, Article 258/1))
3- Obligation to bear ancillary expenses (Turkish Code of Obligations, Article 303 (Law No. 818, Article 258/2))
4- Liability for defects in the leased property upon delivery (Turkish Code of Obligations, Article 304 (Law No. 818, Article 249/1-3))
5- Liability for the leased property becoming defective subsequently (Turkish Code of Obligations, Article 305 (Law No. 818, Article 249/1-3))
In case of defects, the lessee may terminate the contract or request a reduction in the rent. (Articles 306 and 307 of the Turkish Code of Obligations)
6- Liability for eviction (Article 309 of the Turkish Code of Obligations (Article 253 of the 818 Law))
TENANT’S OBLIGATIONS
1- Obligation to pay rent (Article 313 of the Turkish Code of Obligations)
2- Obligation to use the leased property carefully and show respect to neighbors (Article 316 of the Turkish Code of Obligations (Article 256 of the 818 Law))
3- Obligation to pay cleaning and maintenance expenses (Article 317 of the Turkish Code of Obligations (Article 258/II of the 818 Law))
4- Obligation to notify the landlord of defects (Article 318 of the Turkish Code of Obligations (Article 356/last of the 818 Law))
5- Obligation to tolerate the rectification of defects and the showing of the leased property (Article 319 of the Turkish Code of Obligations (Article 251/1 of the 818 Law))