Early return of the leased (TCO art. 325)

In this study, the issue of early return of the leased item regulated by the article 325 of the Turkish Code of Obligations (6098) has been examined. One of the most frequently encountered problems in lease contracts with a wide range of applications is the early return of the leased property. This situation, which the parties did not plan at the time of conclusion of the contract, arises when the tenant returns the leased property before the end of the contract due to a reason arising from him/her. On the other hand, according to the provision, the tenant's liability is limited to a reasonable period of time, as well as may be terminated earlier by finding a new tenant. For this reason, this provision, which is important with its unique structure and consequences, needs to be examined in detail. In this context, firstly, the historical development of the provision and its general characteristics, then the conditions for the application of the provision and finally the consequences of the provision are discussed in our study. The provision has been examined comparatively and in detail in the light of its equivalent in the Swiss Code of Obligations (OR Art.264) and the Supreme Court case law.