Termination of residential and covered commercial leases due to tenant related grounds

Article 352 of the Turkish Code of Obligations No. 6098 regulates the termination of residential and covered commercial lease agreements due to grounds arising from the tenant. In this article, three reasons are stipulated for the termination of residential and covered workplace leases due to grounds arising from the tenant. The first reason is that the tenant has given a written eviction undertaking to the lessor. The second reason is the tenant's failure to pay the rent on time, which causes a notice to be sent to the tenant within one lease year. The third reason is that the tenant or spouse has another dwelling suitable for residence within the municipal boundaries of the same district or town. These reasons have application field only for residential and covered workplace lease agreements. It is not possible to file an eviction lawsuit based on the provisions of this article for the contracts subject to the provisions of other lease agreements. In our study, the provision regulated under Article 352 of the Turkish Code of Obligations regarding the termination of residential and covered workplace lease agreements for grounds arising from the tenant, and the eviction actions that may be filed pursuant to this provision are analyzed in the light of the conditions stipulated in the law and the practices of the Court of Cassation.