6.Department of Law 2015/8957 E. , 2016/680 K.
THE DECISION EXAMINED
COURT : Denizli 3. Magistrates ‘ Court
DATE : 18/05/2015
NUMBER : 2014/1378-2015/514
The decision on the eviction case with the date and number written above, which was issued from the local court, was appealed by the plaintiffs within the time limit, but all the papers in the file were read and discussed and considered as necessary.
The case is TBK 347. it is related to the request for eviction due to the expiration of the ten-year extension period based on the article. The court decided to dismiss the case, and the verdict was appealed by the deputy plaintiffs.
347/1 of the Turkish Code of Obligations No. 6098.according to the provision of the article, in residential and roofed workplace rentals, the lessor cannot terminate the contract based on the expiration 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 they give notice at least three months before the end of each extension year following this period.
Provisional Article 2 of the Law No. 6101 on the Enforcement and Method of Application of the Turkish Code of Obligations.in accordance with Article 347 of the TCC before the entry into force of this Law.although the 10-year extension period of the lease agreements stipulated in the last sentence of the first paragraph of the article has not expired, the remaining period is envisaged to be applied five years from the date of entry into force for those less than five years, and 2 years after the date of entry into force for those whose ten-year extension period has expired.
In the concrete case, the deputy plaintiff; in the petition for the case and in the notice dated 15.07.2014, the lease period exceeded 10 years and the TBK 347. According to the article, it will not be renewed, the tenant has requested to be evicted. The defendant’s deputy stated that he had filed a claim of unconstitutionality, taking into account the 10-year extension period of provisional article 2 of law No. 6101. stating that a lawsuit cannot be filed before 2017 in accordance with the article, he defended the rejection of the case. 2. In order for the contract to be terminated by the court, provided that it is notified at least 3 months before the end of the extension year, taking into account the lease period. it was decided to dismiss the case on the grounds that the 2-year period specified in the article should be expected and the case was filed without waiting for this period.
Provisional Article 2 of the Law No. 6101 on the Force and Mode of Application of the TCC. In accordance Tbk 347.article 01.07.2014 will begin to be applied as of 347 of the Turkish Commercial Code.as can be seen from the text of the article, the warning should be made ‘… at least three months before the end of each extension year …’, and it is understood that it is sufficient that the notice that the three-month period given by the regulation of the law is the minimum period is in the hands of the tenant three months before the end of the extension year. Provisional Article 2 of Law No. 6101. article 347 The reason for postponing the termination facility provided for in Article 347 of the TCC for a one-time basis in terms of residential and roofed workplace rental contracts is to prevent tenants from being harmed or victimized and possible problems that may arise as a result of the immediate application of Article 347/1 of the TCC.
In the concrete case; The lease agreement of the lessor is dated 01.12.1999 and has a duration of one year. TBK.nun 347. in accordance with the provision of the article, the ten-year extension period specified in the law has expired on 01.12.2010, renewed from year to year, since the lessee has not given notice at least fifteen days before the end of the contract period, which is one year, i.e. 01.12.2000. The last extension year ended on 01.12.2014 compared to the date the case was filed, and notice was given on 25.07.2014 three months in advance in accordance with Law No. 6098. For these reasons, it is necessary to decide on the eviction of the lessor due to the termination of the lease agreement, since it is within the notification period announced on 25.07.2014, while TBK No. 6101.provisional Article 2 of the Law on the Validity and Method of Application of it is not correct to decide on the dismissal of the case on the grounds of its article.
The provision must therefore be overturned.
CONCLUSION:HMK No. 6100 with the adoption of appeals for the reasons described above.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 08.02.2016.
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