Pursuant to Article 334 of the Turkish Code of Obligations No. 6098, titled “Return by the Tenant,” the tenant is obligated to return the property received at the end of the lease agreement to the landlord in any manner whatsoever. However, the tenant is not liable for wear and tear resulting from normal use of the property. The text of the article is often misinterpreted, leading to the understanding that the tenant is obligated to return the rented property painted. Wear and tear resulting from normal use is inevitable.
Therefore, it is only natural that the paint should wear out as a result of the use of the rented property. Contrary to popular belief, the tenant is not obligated to repaint and deliver the property when necessary, provided there is no faulty use. Paragraph 2 of the article states that agreements whereby the tenant undertakes in advance to pay compensation other than compensation for damage arising from use contrary to the contract are invalid upon termination of the contract.
It should be understood from this that contract clauses stipulating otherwise are invalid. Therefore, for example, contract provisions such as “paint will be delivered” or “the cost of paint will be deducted from the security deposit” have become invalid under Article 334, Paragraph 2 of the Turkish Code of Obligations. The situation will be different if the tenant uses the deposit (in violation of the contract). Article 335 of the Turkish Code of Obligations No. 6098 provides that the landlord has the right to inspect and notify the tenant.
The lessor is obligated to inspect the condition of the leased property upon return and immediately notify the lessee in writing of any deficiencies or defects for which the lessee is responsible. If such notification is not made, the lessee is released from all liability. However, if deficiencies or defects exist that could not be detected during the normal inspection at the time of delivery, the lessee’s liability continues. The lessor is obliged to immediately notify the lessee in writing when these deficiencies and defects are identified.” As can be understood from the text of the article, no specific period is stipulated for written notification. This period will be determined according to the nature and size of the lease agreement and the use of the tort.