In the event that the tenant evicts the house by unilaterally terminating the lease agreement before the expiration of the lease term, as a rule, the tenant is obliged to pay all the damage suffered by the landlord until the end of the lease period.However, the landlord should also not cause increased damage.
The landlord’s loss consists of the rental money for the period of time it has been vacant from the date of eviction until the date when the tenant can be re-rented on the same conditions.
In order for the tenant to be recognized as evicted, it is not enough to actually vacate the house; the key must also be handed over to the landlord.
If the date of eviction is disputed between the parties, the lessee has the obligation to prove that the lessor has actually been Decanted and the key has been delivered, so that the lease relationship has been legally terminated on the date set forth by him, the lessee has.
If the tenant cannot prove that he has evicted the tenant on the date proposed by him, the house is considered to have been vacated on the date of the landlord’s reported eviction.
The house is considered to be in the tenant’s use unless the key is delivered. The relevant article of law is as follows;
324 and 325 of the Code of Obligations. the substance;
IV.Non-use of the leased
1.Generally
ARTICLE 324- As long as it is available for use, the lessee is obliged to pay the rental price, even if it is not used for a reason caused by the lessee himself or if it is used on a limited basis. In this case, the expenses that the lessor gets rid of are deducted from the rental price.
2.Return of the lessor before the end of the contract
ARTICLE 325- If the lessee returns the leasehold without complying with the term of the contract or the termination period, the debts arising from the lease agreement shall continue for a reasonable period of time during which the lessee may be rented on similar terms. If the tenant finds a new tenant who can be expected to accept the lessor before the expiration of this period, has the ability to pay and is ready to take over the lease relationship, the tenant’s debts arising from the lease agreement will expire. The lessor is obliged to deduct the expenses that he has got rid of and the benefits that he has obtained or deliberately avoided from using the lessor in another way from the rental price.
6.LEGAL DEPARTMENT 2015/7730 E. , 2016/3349 K.
“text of jurisprudence”
COURT : Magistrate’s Court
The decision on the case of cancellation of the appeal, the date and number of which are written above, issued from the local court, plaintiff-K.the defendant and the defendant-having been appealed by the plaintiff within the time limit, all the papers in the file were read and discussed and considered as necessary.
The main case concerns the cancellation of the objection to the enforcement action initiated by the lessee for the purpose of refunding the deposit, the counterclaim; the claim for receivables arising from the lease agreement. The court decided to cancel the appeal over TL 1,600.00 with partial acceptance of the original case, to collect the receivables of TL 2,120.08 with partial acceptance of the counterclaim, and the judgment was appealed separately by the plaintiff/counterclaim and the defendant/counterclaim attorney for the original and counterclaim.
Plaintiff/Counter-defendant’s attorney in the original lawsuit petition ; the Defendant, dated the debtor’s immovable 01/10/2010 beginning that he was hired by a client with a one-year lease, the agreement, according to three month’s rent in advance, a deposit of two month’s rent including 8.750,00 TL the price that was paid by the client to the defendant cease and desist letter dated 18/10/2010 the dissolution of the lease agreement with his client, the defendant’s Real Estate know that rent out again on 22/01/2012, the defendant demanded the return of the deposit of the client than the client an e-mail address by sending mail to the cost of the extra amount after deduction of dues, which is warming and 1.600,00 TL 20/04/2011 promised that I would pay, but you didn’t pay, so follow the path ilamsiz applied to his client against the defendant, the defendant objected to the withdrawal of appeal, noting that the debt and the debtor’s wrongful authority to follow up with you to continue from where it was, down from 40% to be convicted not to deny executive compensation, he asked that it be decided that the costs of the trial and the power of attorney should be charged to the opposite party.
Defendant / Counter-plaintiff’s deputy in the counterclaim and response petition; plaintiff has unjustly terminated the tenant’s lease agreement, October 2 of the hand-written agreement dated 01/10/2010, which is an annex to the lease agreement. in the article; The annual rent paid by the tenant in the event of early evacuation of 1 muacceliyet added the requirement of the client and between the parties and should be criminal, to be able to rent the house in order to prevent damage which may be suffered by the plaintiff against the defendant and to make every effort, although it has been finally rent out the house at the end of the month of January who owes the past 4 months rent 7.000,00 TL as a financial loss has occurred, that his client’s only his real estate 1.700,00 TL you can rent, the date of the contract, the tenant he could find fesholuna date until the date which is 1 year period had expired 01/10/2011 GBP 500.00 50.00 TL total monthly rent for the last 10 months by the defendant against the plaintiff as to the difference in the client should be paid a monthly fee of 200.00 120.00 GBP to TL in relation to the period in question and the remaining 4 months 320,00 TL fuel and monthly 1.280,00 amounting to TL by the client for the cost of the plaintiff’s wrongful termination due to, if it stays must be paid, this amount is one of the items that must be paid by the tenant, your client should be paid to 7.000,00 TL Kira, the difference in annual rent and a 1,280 500.00 GBP,00 TL total monthly dues of the client as the cost of fuel and 4 8.750,00 TL that I would get through this, that it would take month’s rent with a lease agreement with the plaintiff paid 5 8.750,00 TL swapped with the plaintiff that it could not be that they are the part of the plaintiff against the creditor from the swap would take based on the rights of deduction, and more related to the part of themselves to pay plaintiff-Counter-Defendant your client, he started his career in Istanbul 19.He requested that the Enforcement Directorate decide on the cancellation of the follow-up conducted in file No. 2012/467 and the conviction of the plaintiff for bad faith compensation, not less than 40% of the amount of receivables, the cancellation of the interest item for the follow-up conducted against his client, the assessment of trial expenses and the attorney’s fee to the other party.
1- When the appeals of the plaintiff and the defendant’s deputy to the original case are examined; provisional 3 added to the Law No. 6217 of the HUMK No. 6100. in accordance with the provision of Article 427 of the CMB amended by Law No. 5219 of 21.07.2004. article 19 of the Law No. 5236. according to the revaluation rate in accordance with Article 4 added to the Civil Procedure Code and article 9-82 of the General Assembly of the Supreme Court of Law dated October 02, 2005 and in accordance with decision No. 126, the amount of the receivable subject to appeal is less than $ 2,080.00 on the date of the provision, since the provision is final, the plaintiff and defendant’s request for appeal is REJECTED
2-Since the scope of the file, the evidence collected, the available evidence has been decided by the court at its discretion, and if there is no inaccuracy, the plaintiff and the defendant’s attorney’s appeals for the counterclaim that fall outside the scope of the following paragraph are not in place.
3 – 01/10/2010 concluded between the parties, beginning with a one year lease, dated monthly rental price 1.750,00 TL, quarterly 5.250,00 TL and rent are paid for in advance 3.500,00 TL there is no dispute with regard to the cost of the deposit given.
13 of the special conditions section of the lease agreement. in the article; It is arranged that the landlord will eliminate any damages and losses that will arise when the tenant vacates the apartment and leaves the deposit, and if the deposit does not cover the damage and loss that will be made, the tenant has already agreed to cover it. October 2 of the additional agreement on the lease agreement. in the article; It is decided that the tenant may be evicted before 01/10/2011, provided that the tenant notifies him in writing three months in advance, and in case of early eviction, the one-year rental fee will have to be paid by the tenant. The tenant has been informed that he has terminated the lease agreement with the notice he received on 18/10/2010 and has delivered the property to the lessor on 2-3 October 2010.
In order for it to be accepted that the lessee has been evicted (the lessee has fulfilled the obligation to return the lessee), the actual eviction of the lessee is not enough; the key must also be delivered to the lessee. In other words, if the eviction date announced by the lessee is disputed between the parties, the lessee has the obligation to prove that the lessee has actually been Decanted and the key has been delivered, so that the lease relationship has been legally terminated on the date put forward by the lessee. If the tenant cannot prove that he has evicted the lessor on the date proposed by him, the lessor’s reported eviction date should be respected. Unless the key is delivered, the lessee must accept that it is in the tenant’s use. The lessee is responsible for the rental money during the period when he keeps the rented property in use. Therefore, first of all, the court should collect the party’s evidence for the turnkey date and determine the defendant’s lease debt by the turnkey date. On the other hand, if the lessee evicts the lessee by unilaterally terminating the lease agreement before the end of the lease period, as a rule, the lessee is obliged to pay all the damage suffered by the lessee by the end of the lease period.
However, TBK No. 6098.114th. article 818 (BK.nun 98.article 52 of the same Law as sending).item (repealed BK.nun 44. according to Article 1), the lessor should also not cause an increase in the loss. This is stated in Article 325 of the Turkish Code of Obligations No. 6098. In the article: ”If the lessee returns the leasehold without complying with the term of the contract or the termination period, the debts arising from the lease agreement shall continue for a reasonable period of time during which the lessee may be rented on similar terms …” has been provided by saying. In this case, the plaintiff’s loss consists of rental money for the period when it remains vacant from the date of eviction until the date when the tenant can be re-rented on the same conditions.
However, the parties agree that October 2 of the additional agreement on the lease agreement. according to the article, this period is determined as three months. Key the key of the rent until the delivery date by the court to be responsible for early release due three months from the date of delivery to the defendant a reasonable period of time the cost of the sum paid in advance by the tenant, the lease 5.250, 00 TL should be focused on whether it will offset the cost of and according to the results, except for the amount of the remaining balance accepted in the original trial 1.900,00 TL should be decided by offsetting the cost of deposit is 3 months, and 21 days early release due to the defendant than the cost of the lease the tenant a reasonable period of time and only requested to be held responsible 1.600, It is not correct to make a decision in writing, assuming that the deposit price of 00 TL has been requested. The provision must therefore be overturned.
CONCLUSION: REFUSAL of the plaintiff’s and defendant’s attorney’s appeals against the original case for the reasons described in paragraph (1) above, acceptance of the plaintiff’s and defendant’s appeals against the counterclaim for the reasons described in paragraph (3) HMK No. 6100 with the acceptance of the plaintiff’s and defendant’s appeals against the counterclaim.or temporary 3, which was added by Law No. 6217.according to the provisions of the article, HUMK.of 428.according to the article, the VIOLATION of the provision, the refund of the appeal fee received in advance upon request to the appellant was decided unanimously on 25.04.2016.
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