Tenant’s Responsibility Arising from Early Eviction
A rental agreement is a contract between the lessor and the tenant that gives the tenant the right to use and dispose of a certain real estate for a certain period of time in return for a certain price. In this contract, the rights and obligations of the parties are also determined.
Eviction of the rented property by the tenant before the lease expires is considered early eviction. This situation may have some legal consequences for both the lessor and the tenant.
Tenant’s Responsibilities arising from Early Eviction:
According to Article 325 of the Turkish Code of Obligations, if the tenant returns the leased property without complying with the contract period or termination period, his debts arising from the lease agreement continue for a reasonable period during which the leased property can be rented under similar conditions.
Reasonable Time:
Reasonable time is determined according to the specific circumstances of the concrete case. Some factors to consider in this regard are:
Status and type of the rented property
Rental market situation of the region
Possibility of re-letting the leased property
Remaining period of the rental agreement
Compensation:
The lessor may demand compensation from the tenant for the damage suffered by the tenant due to early eviction. This compensation covers the rental fees to be paid for a reasonable period during which the leased property could be rented under similar conditions.
Relief of the Tenant from Responsibility:
In some cases, the tenant may be relieved of liability arising from early eviction. These situations are:
Exercise of the right of termination in the lease agreement
Concluding a new lease agreement between the parties
The lessor gives a written statement to the tenant stating that he accepts the eviction.
The leased property has a defect stipulated in the rental agreement and this defect prevents its use.
An unexpected and significant illness or death in the tenant or family members
