Lessor's liability from defects of leased according to the Turkish Code of Obligations

Aim of this study, is to determine scope of the lessor's responbility due to defects in the leased property. The lessor's responbility for the defects is arranged Turkish Law of Obligations between section 304 and 308. Pursuant to these regulations, the lessor is obliged to deliver in accordance with intent-to-use of contract and to keep it in this situation during the contract the leased property. Acting contrary to this main obligation constitutes foundation the reason of liability for defect with or without the lessor's negligence. Althought there is notion of tenancy agreement in Turkish Law of Obligations, not mention defect concept. In this context we are scrutinised tenancy contract and notion of defect, and studied their legal eligibility and characteristic. Whereas defects in the lease was arranged only four sections in Turkish Law of Obligations, it contains very wide implemented area. For this reason, in our study we discussed the rights of the lessee and the responsibility of the lessor due to faults in the leased with current judicial decisions as well as the views in the existing court judgement. Keywords: Tenancy agreement, defect, responsibility of defect, worthiness, tenant's alternative rights, limitation.