Legal consequences of the early eviction of the tenant
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Abstract (EN)
In this study, the issues such as the early eviction of the immovable by the tenant, the early eviction of the tenant by the lessor due to the reasons arising from the tenant, and the compensation of the damages resulting from the early eviction were examined. The subject of our thesis is "Legal Consequences of the Tenant's Early Eviction". The views in the doctrine on this subject and the practices of the Court of Cassation and sometimes the Regional Courts of Appeal are discussed. During the examination, the legal consequences of early eviction were explained and evaluated as a whole by making the necessary comparison with the provisions of the former Code of Obligations and the Law on Real Estate Rentals, which have been abolished. First of all, the establishment of the lease agreement is explained. The parties to the lease agreement, the representation status, fixed-term and indefinite-term lease contracts are discussed. Secondly, the reasons for early release were examined. Here, termination, termination by mutual rescission, litigation, withdrawal from the contract, cancellation of the contract, discharge and exchange and termination of the lease contract are examined. Finally, the legal consequences of early release were examined. While making these examinations, the decisions of the Court of Cassation and the Regional Court of Justice have been tried to be included in the relevant sections. In case of early eviction of the tenant, there are problems that need to be resolved. These are issues that concern both sides. There are problems that need to be resolved such as loss of rental income for the remaining term of the contract, ways to compensate for this loss, and damages that the lessee may suffer. It is seen that the Supreme Court tends to alleviate the tenant's responsibility as much as possible in these matters. We see that this tendency of the Court of Cassation was reflected in the Law to a certain extent during the making of Law No. 6098.
Author
Pelin Gümüş
Institution
Antalya Bilim University
Özel Hukuk Bilim Dalı
How to Cite
Pelin Gümüş (Master Thesis). Legal consequences of the early eviction of the tenant, 2023, Antalya Bilim University.
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