Adaptation of changing conditions in the lease contracts for houses and roofed workplaces

Due to extraordinary circumstances that occur after the establishment of a lease agreement, the balance of performances in the contract may deteriorate and become unbearable for one party. In such a case, waiting for the party against whom the balance of the performances has deteriorated to comply with the contract may create a violation of the rule of justice, equity and good faith and the adaptation of the contract may become a current issue. As is frequently seen in the practice before the Turkish Code of Obligation No. 6098, the adaptation of the contact which found an application area with the Court of Cassation's case-law in terms of lease agreements has become a legal regulation with the article 138 of the Turkish Code of Obligation No. 6098 titled "Excessive Hardship of Performance". In this study, the adaption of the lease agreements for residential and roofed commercial premises to changing condition has been evaluated in the light of the Turkish doctrine and judicial decisions; and the legal basis, conditions and results have been discussed. In this context, in the first chapter of the study, the concept of lease agreements and lease agreements for residential and roofed commercial premises and their scope of applications are mentioned. In the second chapter, the basic concepts of the adaptation of the contract are mentioned and the theories developed in the foreign legal systems about the adaptation of the contracts are explained. In the third chapter, the implementation of the adaptation in terms of the lease agreements for residential and roofed commercial premises under the Turkish Code of Obligations numbered 818 and 6098 are explained and the conditions of the adaptation for these lease agreements are addressed in detail. In the last chapter, the results of the adaptation of the lease agreements for residential and roofed commercial premises are examined.