T.C.COURT OF CASSATION 6. IT’S THE LAW DEPARTMENT. 2014/5641K. 2014/8167T. 19.6.2014
EVICTION FOR NON-RENEWAL OF THE LEASE AGREEMENT AT THE END OF THE 10-YEAR EXTENSION PERIOD (Although the Ten-Year Extension Period of the Lease Agreements Has Not Expired Before the Entry into Force of the Law, The Remaining Period Will be Applied Two Years After the Date of Entry Into Force for Those Who Have Expired for an Extension of Five Years / Ten Years From the Date of Entry into Force for Those Who Have Expired for Those Who Have Less Than Five Years)
EVICTION OF THE LESSOR DUE TO THE EXPIRATION OF THE TERM ( 6098 P.K. As a Requirement, At the End of the 10–Year Extension Period of the Contract, the Lessor May Terminate the Contract Provided That They Give Notice At Least Three Months Before the End of Each Extension Year Following This Period – The Case Will Be Dismissed Because the Relevant Article Cannot Yet Be Applied in Terms of the Period For the Real Estate Subject to Litigation)
NON-RENEWAL OF THE LEASE AGREEMENT ( 6098 P.K. As a Requirement, At the End of the 10–Year Extension Period of the Contract, the Lessor May Terminate the Contract Provided That They Give Notice At Least Three Months Before the End of Each Extension Year Following This Period – The Case Will Be Dismissed Because the Relevant Article Cannot Yet Be Applied in Terms of the Period For the Real Estate Subject to Litigation)
6098/m. 327,347.
6101/m.Late.2
ABSTRACT: Although the defendant was informed that the lease agreement would not be renewed, the deputy plaintiff requested the eviction of the leaseholder with a bet that the leaseholder had not been evicted by the defendant.
347 of the Turkish Code of Obligations No. 6098. in accordance with the provisions of Article 10 of the contract at the end of the 10-year extension period of the contract, 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.
However, the aforementioned article of the law was amended by Article 347 of the Turkish Code of Obligations before the entry into force of this law. Although the ten-year extension period of the lease agreements provided for in the last sentence of the Article has not expired, the remaining period applies to those less than five years, five years from the date of entry into force, and two years after the date of entry into force for those whose ten-year extension has expired.
As of the date of opening of the case, the Turkish Code of Obligations No. 6098 347.ci since the last sentence of the article has not yet been implemented and the case is not based on one of the other eviction reasons in the law, it is necessary to decide on the rejection of the request.
CASE : The decision on the eviction case with the above date and number written from the local court was appealed by the defendant during the trial, but it is not subject to a hearing due to the nature of the case, so after the refusal of the request for a hearing was decided, all the papers in the file were read and discussed and considered as necessary:
DECISION : The dispute is related to the tenant’s request for eviction due to the expiration of the period. After the court decided on the acceptance of the case and the eviction of the lessee, the verdict was appealed by the defendant’s deputy.
Despite the fact that the plaintiff was informed that the lease agreement between the parties would expire on 01.10.2013 with a notary’s notice dated 04.03.2013 and the agreement would not be renewed, the plaintiff’s deputy requested the eviction of the lessee with a bet that the defendant had not been Decommissioned by the defendant, despite the fact that the defendant had not been evicted. The defendant’s deputy defended the rejection of the case by stating that the implementation of the articles regulating the rental law of the Turkish Code of Obligations has been postponed until 01.07.2017, eviction cannot be requested without informing the reason, as it is understood that the court notified the termination of the lease 6 months before the expiration of the lease period as agreed in the contract, BK 327. and 347. Taking into account the articles, it was decided to dismiss the case.
The lease belonging to the plaintiff with a lease agreement dated 01.10.2003 dated at the beginning of the case and based on the judgment and for a period of 10 years was leased to the defendant for use as a dialysis clinic. Section 3 of the special terms of the contract. in the article ”The lease term is 10 years, and if it is not notified of its termination in writing six months before the expiration of the lease term, the lease agreement will be extended for 1-year periods” it was decided that the lease agreement will be extended for 1-year periods. The leaseholder is subject to the provisions of the Turkish Code of Obligations regarding residential and roofed workplace leases by nature. 347 of the Turkish Code of Obligations No. 6098. in accordance with the provision of the article, in residential and roofed workplace rentals, the contract is considered extended for one year with the same conditions, unless the tenant gives at least fifteen days’ notice before the expiration of certain term contracts. The lessor may not 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. However, the article of the said law is temporary 2 of the law on the enforcement and method of application of the Turkish Code of Obligations. in accordance with Article 347 of the Turkish Code of Obligations before the entry into force of this law. Elongation of the lease as provided in the last sentence of the article for the ten-year period had expired, although not less than five years remaining of the time about what happened, about five years from the date it enters into force ten years from the date of entry into force two years after the expired ones of elongation is applied.
347 of the Turkish Code of Obligations No. 9098 as of 09.10.2013, when the case was filed. as the last sentence of the article has not yet been implemented, the case is not based on one of the reasons for the eviction written in Articles 350, 351, 352 of the Turkish Code of Obligations, so it is against the procedure and law to issue an eviction decision when the request must be rejected.
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 19.06.2014.
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