Moving Out Before the Lease Agreement Expires

Moving Out Before the Lease Agreement Expires – Lawyer in Izmir

As a rule, in accordance with the principle of good faith, the tenant is responsible for all obligations until the end of the lease term. In other words, the lease agreement is binding on both parties. Turkish Code of Obligations According to Article 325, it is possible to vacate the property before the lease agreement expires, but this incurs legal liability for the tenant. The tenant's legal obligations do not cease simply by giving notice and vacating the property before the deadline.

Accordingly, if the rented property is vacated before the end of the lease term or outside the termination period specified in the contract, the tenant's contractual obligations continue for a reasonable period during which the landlord can re-rent the property. This means that even if eviction is possible before the contract expires, the tenant will still have to pay rent, maintenance fees, common expenses, and other ancillary expenses for a further period.

If the legal regulation is examined:

Turkish Code of Obligations, ARTICLE 325 - If the tenant returns the leased property without complying with the contract term or termination period, the obligations arising from the lease agreement shall be fulfilled., The lease continues for a reasonable period during which the leased property can be subleased under similar conditions. If the tenant finds a new tenant who is financially capable and willing to take over the lease, and whose acceptance by the landlord can be expected before the expiration of this period, the tenant's obligations arising from the lease agreement shall be terminated.”

The landlord is given a reasonable period for renting the property under similar conditions, and this reasonable period may vary depending on the location, city, and other factors. Tenants' rights are protected by law. Similarly, landlords' rights are also protected. Just as a landlord can evict a tenant within certain rules, a tenant cannot leave the property whenever they want. If they do leave, they are obliged to compensate for any damages resulting from the termination of the contract.

The concept of "reasonable time" mentioned in the law will be determined according to the specific circumstances of the case. However, in the practice of the Supreme Court, decisions are made stating that the tenant's obligations continue for a period of 2-4 months. Furthermore, if the tenant finds a new tenant acceptable to the landlord and with similar conditions, their obligations will terminate without waiting for the end of the reasonable period.

In practice, rental agreements are usually for a fixed term. They are not subsequently renewed in writing but extended verbally. If the tenant does not terminate the contract 15 days before its expiration, the agreement is extended for one year under the same terms. .

In fixed-term lease agreements that are not renewed, what happens if the tenant leaves early?

The Turkish Code of Obligations states the following on this matter.

ARTICLE 347 - In residential and covered business premises leases, unless the tenant gives notice at least fifteen days before the expiration of the term of fixed-term contracts, the contract shall be deemed to be extended for one year under the same conditions. The landlord cannot terminate the contract based on the expiration of the contract term. However, at the end of the ten-year extension period, the landlord may terminate the contract without giving any reason, provided that he/she gives notice at least three months before the end of each subsequent extension year.

In fixed-term lease agreements, the tenant can terminate the lease if they give 15 days' notice before the contract expires; otherwise, the lease is considered extended for another year. In this case, the tenant must give written notice.

ARTICLE 348 - In residential and covered business premises leases, the validity of the termination notice depends on it being given in writing.

 Relevant Supreme Court Decisions:

“Therefore, considering the material and legal facts explained above, the court should have taken into account that the defendant tenant vacated the property early on November 18, 2013, before the expiration of the contract period, and that the defendant is liable for the unpaid rent up to the date of eviction, as well as rent compensation for a reasonable period starting from the date of eviction. A report suitable for review by the Court of Cassation and the parties should have been obtained from an expert witness to calculate and evaluate the situation accordingly. After deducting the rent and security deposit paid, the excess amount should have been awarded. However, the judgment rendered in writing, based on incomplete examination and erroneous evaluation, is therefore incorrect.” (Supreme Court of Appeals, 3rd Civil Chamber, Case No. 2020/10885, Decision No. 2020/7857, Date: 16.12.2020)

“In cases where the tenant vacates the leased property early without complying with the contract term or termination period, as a rule, according to Article 325 of the Turkish Code of Obligations, the tenant is liable for the rent until the handover date, and from the handover date onwards for the rent for a reasonable period during which the leased property could be rented out under the same conditions. However, pursuant to Article 52 of the Turkish Code of Obligations, by reference to Article 112 of the same Code, The landlord should do their part to ensure the property is re-rented, thus preventing further losses. In this case, the landlord's loss is limited to the rent for the period the property remains vacant, from the eviction date until the date it can be re-rented under the same conditions.” (Supreme Court of Appeals, 3rd Civil Chamber, Case No. 2020/11527, Decision No. 2021/2139, Date: March 2, 2021)

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