Lessor's responsibility arising from the defect

The lessor's primary obligation arising from the lease agreement is to deliver the leased property in a condition suitable for the intended use as stipulated in the contract and to maintain it in that condition throughout the lease period. The lessor's liability for defects stems from this obligation. Therefore, the tenant is responsible for any deficiencies or defects that exist at the time of delivery or arise subsequently. The regulations concerning the lessor's liability for defects are included between Articles 304 and 308 of the Turkish Civil Code. In these provisions, a fundamental distinction is made between defects existing at the time of delivery and defects that arise subsequently. The rights granted to the tenant in case of defects existing at the time of delivery are regulated under Article 304 of the Turkish Civil Code. However, the rights of the tenant regarding defects arising subsequently are provided in Articles 305 and subsequent articles. In both cases, the significance of the defect, whether substantial or minor, is taken into account when considering the rights granted to the tenant. In the event that the leased property is delivered with substantial defects, the tenant can resort to the provisions on the default of the obligor, as well as the provisions regarding subsequent defects. In the case of defects arising subsequently, the tenant has the right to request the rectification of the defect, replacement of the leased property with a defect-free equivalent, and termination of the contract in the case of substantial defects. Additionally, along with or independently of these claims, the tenant has the right to request a reduction in the rental price and the compensation for the damages suffered. Even in the absence of fault on the part of the lessor, the tenant can exercise these rights, except for the claim for compensation. This study provides general explanations of the lease agreement and briefly discusses the obligations of the parties involved. Additionally, the concept of defect is explained, the definition, legal nature, characteristics, and competition with similar institutions of the lessor's liability for defects is addressed. Finally, the study presents the provisions and consequences of the lessor's liability for defects. During the preparation of this work, articles, books, theses, and decisions of the Turkish Court of Cassation were utilized.