352 Of the Turkish Civil Code. In the article ‘If the lessee has undertaken to vacate the lessee on a certain date in writing after the delivery of the lease, but has not vacated it, the lessee may terminate the lease agreement by applying for enforcement or filing a lawsuit against the lessee within one month starting from that date.
The tenant leases a lease on a short-term period for a year; a year and longer-term lease or a lease in the lease a year for a period in excess of two years because he paid her rent had cause to be given notice in writing to right if the duration of the lease by the lessor in the lease than one year long term rentals starting from where the notification is made within a month of the end of the year, may terminate the lease by way of the case.
If the tenant or his/her cohabiting spouse has a residence suitable for living within the municipal boundaries of the same district or town, the lessor may terminate the contract by litigation within one month starting from the end of the contract if he/she does not know this at the time of the establishment of the lease agreement. It is called ’. As it can be seen, the first of the reasons arising from the lessee is that the lessee has made a commitment in writing that he will evict the lessee. The second reason is that if the rental price is not paid, situations have been arranged that require two justified warnings to be made within the same rental period. Also in the last paragraph of the article, if the tenant and his wife with whom he lives have a residence that is suitable for living within the boundaries of the same district and town, if the lessor does not know this when the lease agreement is being established, he can terminate the contract by litigation within 1 month starting from the expiration date of the contract.
As can be seen, two to the right caveat due to voluntary evacuation evacuation decided to be filed to the tenant for a year, and within the term of the lease is subject to a lease agreement short term, but a year and more than a long-term lease or lease and is subject to a lease year in excess of two years within a period to which notification should be sent in writing is right for lack of rent payment. Notification of the warning is a must here. However, if payment has been paid after the warning, the considerations related to the two justified warnings continue exactly the same. If the lease agreement is indefinite and the rental price is to be paid annually, then two justified caveats will not be required in this case.
346 of the Turkish Code of Obligations. In the Article ‘The tenant cannot be paid any other payment obligations other than the rental price and ancillary expenses. In particular, agreements on the payment of a penalty condition or subsequent payable of rental costs are invalid if the rental price is not paid on time. It is called ’. According to this article, if there is an exemption requirement in the lease agreements, the payers of the lease who have been granted an exemption must be requested with a single warning. Therefore, it should not be considered that this rental price should be divided and made the subject of two justified warnings with a single warning.
However, although the exemption conditions placed in the lease agreements are invalid within the scope of the TCC, if the leased real estate is a place of work, it is subject to Article 53 of the Law No. 6353. it is covered by postponement in accordance with the Law No. 6217 amended by its article. In other words, the exemption requirement remains valid. If we look at the Decisions of the Supreme Court in the light of the above-described;
T.C SUPREME COURT 3.Legal Department Basis: 2017 / 3239 Decision: 2017 / 6395 Decision Date: 02.05.2017; ‘The court stated that the plaintiff had proved two cases of justifiable negligence in terms of the eviction case and decided to evict the lessee.
352 of the Turkish Code of Obligations/…. according to the article, the period of the lease of the eviction case to be opened due to two justified warnings is mandatory to be opened within one month starting from the end of the lease year when warnings are made for leases lasting more than a year.
Because of a lawsuit to be decided on the evacuation of the two right caveat short-term leases to the tenant on a lease for a year within the period of one year and longer-term lease or a lease in the lease year in excess of a year for not paying the lease amount over the period two right notice in writing must be given. Payments made after notification of a warning do not constitute an obstacle to the occurrence of two justified warnings. In case of indefinite contracts and annual payable of the rental money, two justified warnings do not occur.
If there is an exemption condition in the lease agreement, it is not possible to divide this lease money and make it the subject of two justified warnings by asking for different warnings, since the lease money that becomes invalid must be requested with a single warning.
As for our case; The special conditions section of the one-year written lease agreement dated 01/01/2008, which is the basis of the case …/…..in the article ‘If the one-month rental price is not paid to the administration within the period of one year, the entire one-year rental price becomes due.” the arrangement has been included. 346 of the Turkish Code of Obligations No. 6098, which entered into force on 01/07/2012. although the second sentence of the article has invalidated the exemption conditions placed in the lease agreements, the rented workplace is qualified and the defendant tenant is a joint stock company considered a merchant in the sense of the Turkish Commercial Code, since the exemption requirement agreed in the contract is 53 of the Law No. 6353. article 6217 of the Law as amended by the provisional …. in accordance with the provision of the article, it is covered by a postponement. In other words, the exemption requirement remains valid. March April 2014, the plaintiff requested paying the rental costs with the notice dated 29/04/2014. However, first due and payable under the contract in accordance with the terms of the Dunning date 29/04/2014 to be subject to enforcement proceedings on June 2014 and this is the first month’s rent due with the caveat has become while because there is a separate formal notice by the court to be made the subject of two right Dunning as to when considering whether evacuation should be decided by the requirement of correct unprecedented in writing to be dominated, to deconstruct this statement was required. It is called ’.
T.C SUPREME COURT 3.Legal Department Basis: 2017 / 3239 Decision: 2017 / 6395 Decision Date: 02.05.2017
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