Legal consequences of non-payment of rent

The provisions regulating lease agreements in the Turkish Code of Obligations are generally discussed in three main sections. Firstly, under the heading of "General Provisions," the general rules of rent are elaborated in detail. In the other two categories, namely "Lease of Residential and Roofed Business Premises" and "Product Lease," specific types of leases and related regulations are meticulously outlined. The study consists of three main sections in broad strokes. The first part of the study provides a general definition and legal nature of the lease agreement, covering elements, form, validity, proof, and aspects related to the duration of the contract in detail. In the second part of the study, the subject of the rental fee is examined. The rental fee, within the framework of Articles 299 and 313 of the Turkish Code of Obligations, constitutes a fundamental element of the lease agreement. Therefore, for a lease agreement to be valid, the parties must determine a rental fee within the scope of contractual freedom. Article 299 of the Turkish Code of Obligations, which defines the lease agreement, uses the term "rental fee" instead of "fee" to express the lessee's primary obligation. Thus, the term "fee," which denotes a specific amount of money, is replaced by the term "consideration," in line with the term "Mietzins" or "rental fee" used in the Swiss Code of Obligations. Within this framework, topics such as the determination of the rental fee, payment location, and time are thoroughly examined based on relevant Supreme Court decisions. A significant portion of legal disputes arising from lease agreements is related to the lessee's failure to pay the rental fee on time. In this regard, the third part of our study discusses the lessee's default in paying the rental fee and its legal consequences, supported by both theoretical frameworks and court decisions.